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MTSU Fall 2024 Software Engineering 14

Empower Employees Act of 2014 - Prohibits federal agencies, including executive, legislative, and judicial agencies, the United States Postal Service (USPO), the Postal Regulatory Commission (PRC), and the government of the District of Columbia, from deducting labor organization fees from the salaries of their employees.

113 S2436 IS: Empower Employees Act of 2014 U.S. Senate 2014-06-05 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. 2436 IN THE SENATE OF THE UNITED STATES June 5, 2014 Mr. Scott Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to provide that agencies may not deduct labor organization dues from the pay of Federal employees, and for other purposes. 1. Short title This Act may be cited as the Empower Employees Act of 2014 2. Labor organization dues not deductible from pay (a) Agencies generally (1) In general Chapter 71 of title 5, United States Code, is amended by striking section 7115 and inserting the following: 7115. Labor organization dues not deductible from pay (a) In general An agency may not deduct any amount from the pay of an employee for the dues of a labor organization. (b) Restriction Appropriated funds may not be used to pay an employee who makes deductions described in subsection (a). (c) Definition For purposes of this section, the term agency (1) an Executive agency (as defined in section 105), the United States Postal Service, and the Postal Regulatory Commission; (2) an office, agency, or other establishment in the legislative branch; (3) an office, agency, or other establishment in the judicial branch; and (4) the government of the District of Columbia. . (2) Clerical amendment The table of sections for chapter 71 7115. Labor organization dues not deductible from pay. . (b) Postal Service amendment (1) In general Section 1205 (2) Clerical amendment The table of sections for chapter 12 3. Effective dates; transition provisions (a) Effective date The amendments made by this Act shall take effect on the date of enactment of this Act. (b) Transition provisions (1) Current deductions for dues of an exclusive representative Nothing in this Act shall, in the case of an assignment received before the date of enactment of this Act under subsection (a) of section 7115 (A) the date on which such assignment is revoked, in accordance with the last sentence of such subsection (a) (as last in effect before such date of enactment); or (B) if earlier, the date determined under paragraph (1) or (2) of subsection (b) of such section 7115 (as last in effect before such date of enactment). (2) Current deductions for dues of other labor organizations Nothing in this Act shall, in the case of a voluntary allotment made before the date of enactment of this Act under subsection (c) of section 7115 (3) Current deductions for dues of a labor organization from Postal Service employees Nothing in this Act shall, in the case of a written assignment received before the date of enactment of this Act under section 1205 (A) is revoked in accordance with such section (as last in effect before such date of enactment); or (B) otherwise expires. (c) Nonrenewability (1) In general An agreement between an agency and a labor organization, entered into before the date of enactment of this Act under subsection (a) or (c) of section 7115 of such title 5 (as then in effect), shall not, to the extent that it relates to deductions for the payment of dues of such labor organization, be subject to renewal or extension. (2) Postal Service A written assignment received by the United States Postal Service under section 1205 of title 39, United States Code (as then in effect) or an agreement between the United States Postal Service and any organization of employees in effect pursuant to 1205(b) of such title (as then in effect), shall not, to the extent that it relates to deductions for the payment of dues of such organization, be subject to renewal or extension. (d) Definitions For purposes of this section, the terms agency exclusive representative labor organization section 7103

Empower Employees Act of 2014

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2015 - Title I: Department of Transportation - Department of Transportation Appropriations Act, 2015 - Makes appropriations for FY2015 to the Department of Transportation (DOT), including: (1) the Office of the Secretary, (2) the Federal Aviation Administration (FAA), (3) the Federal Highway Administration (FHWA), (4) the Federal Motor Carrier Safety Administration (FMCSA), (5) the National Highway Traffic Safety Administration (NHTSA), (6) the Federal Railroad Administration (FRA), (7) the Federal Transit Administration (FTA), (8) the Saint Lawrence Seaway Development Corporation, (9) the Maritime Administration, (10) the Pipeline and Hazardous Materials Safety Administration (PHMSA), (11) the Office of Inspector General, and (12) the Surface Transportation Board (STB). Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title. (Sec. 102) Authorizes the Secretary of Transportation (Secretary in this title) or designee to lobby states and state legislators to consider proposals for the reduction of motorcycle fatalities. (Sec. 103) Authorizes the DOT's Working Capital fund to provide advanced payments to vendors to carry out the federal transit pass transportation fringe benefit program for federal employees. (Sec. 104) Directs the Secretary to: (1) post on the DOT website a schedule of all Credit Council meetings, including the agenda for each meeting; and (2) require the Council to record the decisions and actions of the meetings. (Sec. 110) Prohibits the use of funds to compensate more than 600 technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development during FY2014. (Sec. 111) Prohibits the use of funds to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the FAA without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting. Exempts from this prohibition any negotiations between the agency and airport sponsors to: (1) achieve agreement on "below-market" rates for these items, or (2) grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities. (Sec. 112) Authorizes the FAA Administrator to reimburse amounts made available from certain fees to carry out the Essential Air Service (EAS) program. (Sec. 113) Requires that amounts collected for safety-related training and operational services to foreign aviation authorities be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes of such appropriation. (Sec. 114) Prohibits the availability of funds for paying premium pay (pay for Sunday and holiday work) to an FAA employee unless the employee actually performed worked during the time corresponding to such pay. (Sec. 115) Prohibits the obligation of funds for an FAA employee to purchase a store gift card or gift certificate through use of a government-issued credit card. (Sec. 116) Requires the Secretary to make the minimum apportionment for primary and cargo airports to sponsors of airports that: (1) received scheduled or unscheduled air service from large certified air carriers, and (2) had more than 10,000 passenger boardings in the preceding calendar year. (Sec. 117) Prohibits the obligation of funds for retention bonuses for an FAA employee without the prior written approval of the DOT Assistant Secretary for Administration. (Sec. 118) Caps at 20% the maximum allowable local share of costs of an airport sponsor or state or local government with jurisdiction over an airport in cases where the operating costs of an air traffic tower under the Contract Air Traffic Control Tower Program exceed the benefits. (Sec. 119) Prohibits the use of funds to implement, or to continue to implement, any limitation on the ability of a private aircraft owner or operator, upon a request to the FAA Administrator, to block, with respect to its noncommercial flights, the display of the owner's or operator's registration number in the Aircraft Situational Display to Industry data provided by the FAA to the public, unless the data has been made available to a government agency. (Sec. 119A) Prohibits the availability of funds for salaries and expenses of more than nine FAA political and Presidential appointees. (Sec. 119B) Prohibits the use of funds to increase fees the FAA Administrator may assess a state, federal agency, public or private organization, or individual to conduct special services or develop special products relating to navigation, transportation, or public safety, until the FAA provides Congress a report that justifies all aeronautical navigation product fees and explains how they are consistent with Executive Order 13642. (Sec. 119C) Bars the use of funds to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey. (Sec. 119D) Bars the use of funds to close an FAA regional operations center or reduce its services unless the FAA Administrator notifies Congress at least 90 full business days in advance. (Sec. 119E) Revises the FAA Modernization and Reform Act of 2012, with respect to reauthorization through FY2015 of the FAA Center for Excellence for Applied Research and Training in the Use of Advanced Materials in Transport Aircraft, to specify the Center as the FAA Center for Excellence for Applied Research and Training in the Use of Joint Advanced Materials and Structures. (Sec. 119F) Revises the federal share of the costs for a non-hub airport improvement program (AIP) project located in a state containing unappropriated and unreserved public lands and nontaxable Indian lands of more than 5% of the total area of all lands in the state. Requires the federal share for a non-hub airport located in such a state within 15 miles of another such state to be an average of the federal share applicable to any AIP project in each of the states. (Under current law, the allowable federal share of costs for AIP projects shall not exceed the lesser of 93.75% or the highest percentage federal share applicable to any such project in a state.) (Sec. 120) Prescribes requirements, including a formula, for certain FY2015 distributions from the obligation limitation for federal-aid highways. (Sec. 121) Allows crediting to the federal-aid highways account of funds received by the Bureau of Transportation Statistics from the sale of data products to reimburse the Bureau for necessary expenses. (Sec. 122) Requires the Secretary to make an informal public notice and comment opportunity on the intent of the waiver before waiving any Buy American requirement for federal-aid highway projects. (Sec. 123) Prohibits the use of funds by DOT to provide direct loans, loan guarantees, or lines of credit for eligible infrastructure projects unless the Secretary notifies Congress at least three days before any loan or credit application approval. (Sec. 124) Specifies the amount of certain unobligated federal-aid highway funds that shall be available, with specified exceptions, for FY2015 for FHWA administrative expenses. (Sec. 130) Subjects funds appropriated or limited in this Act to certain safety examination and other requirements of the Department of Transportation and Related Agencies Appropriations Act, 2002 and the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 relating to Mexico-domiciled motor carriers involved in cross-border trucking between the United States and Mexico. (Sec. 131) Bars the use of motor carrier safety operations and programs funds to deny an application to renew a Hazardous Materials Safety Program permit for a motor carrier based solely on that carrier's Hazardous Materials Out-of-Service rate, unless the Secretary determines the carrier's corrective actions or corrective action plan is insufficient to address the safety concerns that resulted in that rate. (Sec. 132) Bars the use of funds made available by this Act to enforce any regulation prohibiting a state from issuing a commercial learner's permit to individuals under age 18 if that state had a law authorizing the issuance of permits to those individuals as of May 9, 2011. (Sec. 133) Bars the use of funds made available by this Act or any other Act to enforce during a specified period the 2011 restart rule ("Hours of Service of Drivers"), which applies to operators of commercial motor vehicles of property subject to maximum DOT driving requirements. Suspends the 2011 restart rule between the date of enactment of this Act and the later of: (1) September 30, 2015, or (2) the date of submission of the Secretary's final report required by this Act. Makes the restart rule as it was on June 30, 2013, in effect again during this period. Requires the Secretary to publish a Notice in the Federal Register and on the FMCSA website announcing this suspension of enforcement and the temporary resumption period of the old restart rule. Directs the Secretary to initiate a naturalistic study of the operational, safety, health, and fatigue impacts of the suspended new and the temporarily resumed old restart rule on commercial motor vehicle drivers. Requires the Secretary to submit to the DOT Inspector General (IG) for review and comment beforehand a plan outlining the study's scope and methodology. Requires the Secretary, after receiving the IG's comments, to submit to the IG a final report on the study's findings, conclusions, and recommendations on whether the new restart rule in effect on July 1, 2013, provides a greater net benefit than the old rule for its operational, safety, health, and fatigue impacts. (Sec. 140) Makes certain additional funds available to NHTSA to pay for: (1) travel and related expenses for state management reviews, and (2) core competency development training and related expenses for highway safety staff. (Sec. 141) Declares that certain limitations on obligations for NHTSA programs shall not apply to any obligational authority made available in previous public laws, except to the extent that the obligational authority has not lapsed or been used. (Sec. 142) Prohibits the use of funds to implement establishment in the DOT of a National Highway Safety Advisory Committee. (Sec. 150) Declares that funds provided in this Act for the National Railroad Passenger Corporation (Amtrak) shall immediately cease to be available to Amtrak in the event that it contracts to have provided at or from any location outside the United States any service that was, as of July 1, 2006, performed by a full-time or part-time Amtrak employee whose base of employment is located within the United States. (Sec. 151) Authorizes the Secretary to receive cash or spare parts from non-federal sources to repair damages to or replace federally-owned automated track inspection cars and equipment as a result of third party liability for such damages. (Sec. 152) Makes amounts available for Amtrak for the operation of intercity passenger rail actually available for distribution only after the Secretary reviews a grant request for each specific train route accompanied by a detailed plan justifying the federal support to the Secretary's satisfaction. (Sec. 153) Bars the use of funds for Amtrak to pay overtime costs in excess of $35,000 for any Amtrak employee. Authorizes the president of Amtrak to waive such cap in cases where it poses a risk to the safety and operational efficiency of the Amtrak system. (Sec. 160) Declares that the limitations on obligations for FTA programs shall not apply to any grant authority previously made available for obligation, or to any other authority previously made available for obligation. (Sec. 161) Declares that funds appropriated by this Act for specified FTA discretionary program projects which are not obligated by September 30, 2019, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided. (Sec. 162) Authorizes certain transfers of any public transportation funds appropriated before October 1, 2014, that remain available for expenditure. (Sec. 163) Prohibits the Secretary from enforcing federal charter bus service regulations against any transit agency that during FY2008 was both initially granted a 60-day period to comply with such regulations, and then was subsequently granted an exception from them. (Sec. 164) Authorizes the Secretary, when applying project justification and local commitment criteria to a New Starts project, to consider the costs and ridership of any connected project where private parties are making significant financial contributions to the construction of the connected project. Authorizes the Secretary also to consider the significant financial contributions of such parties to the connected project when calculating the non-federal share of net capital project costs for the New Starts project. (Sec. 165) Requires the Secretary to consider Small Starts Projects, including streetcars, in developing guidance implementing a Program of Interrelated Projects under a fixed guideway capital investment grant. (Sec. 166) Requires new bus rapid transit projects recommended in the President's budget submission to Congress for capital investment grant funds appropriated under this Act to be funded from a specified amount of unobligated discretionary funds for the bus and bus facilities program in FY1984-FY2012. Subjects all such projects to Capital Investment Grants Program requirements for New Starts, Small Starts, or Core Capacity projects. (Sec. 170) Authorizes the Maritime Administration to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy of property under its control. (Sec. 171) Bars the use of funds by DOT or the Maritime Administration to negotiate or execute, enter into, facilitate or perform fee-for-service contracts for vessel disposal, scrapping, or recycling, unless there is no qualified domestic ship recycler that will pay to purchase and scrap or recycle a vessel owned or operated by the Maritime Administration or that is part of the National Defense Reserve Fleet. (Sec. 180) Increases from 2% to 4% the amount that may be used from the Hazardous Materials Emergency Preparedness Fund to pay for certain administrative costs. (Sec. 181) Authorizes the Secretary to require the person proposing a project with design and construction costs over $2.5 billion for the construction, expansion, or operation of a gas or hazardous liquid pipeline facility or liquefied natural gas pipeline facility to pay the facility design safety review costs incurred by the Secretary. (Sec. 182) Directs the Secretary to initiate a rulemaking or alternative risk-based compliance regime for the siting of small-scale liquefaction facilities that generate and package liquefied natural gas for use as a transportation fuel for domestic delivery via non-pipeline means. Urges the rulemaking or alternative risk-based compliance regime to incorporate the 2013 National Fire Protection Association Standard 59A and industry best practices. (Sec. 192) Prohibits the availability of the funds in this Act for salaries and expenses of more than 110 political and presidential appointees in DOT. Prohibits assignment of any of such appointees on temporary detail outside DOT. (Sec. 193) Bars recipients of funds made available in this Act from disseminating personal information obtained by a state department of motor vehicles in connection with a motor vehicle record, except as permitted under specified federal criminal law. Prohibits the Secretary, however, from withholding funds for any grantee if a state fails to comply with this prohibition. (Sec. 195) Requires the Secretary to notify the congressional appropriations committees at least three full business days before announcing any project competitively selected to receive a discretionary grant award, letter of intent, or full funding grant agreement from certain grant programs, including the federal highway emergency relief program, the FAA AIP, any FRA program, any FTA program other than the formula grants and fixed guideway modernization programs, any Maritime Administration program, or any funding for national infrastructure investments. (Sec. 197) Makes available for reimbursement of recovery costs any recovered funds that the Secretary has determined represent improper DOT payments to a third party contractor under a financial assistance award. (Sec. 199) Prohibits the use of funds by the STB to charge or collect any filing fee for rate or practice complaints filed with it in an amount in excess of that authorized for district court civil suit filing fees under the federal judicial code. (Sec. 199A) Authorizes the obligation of funds appropriated to the modal administrations for the Office of the Secretary for costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods or services purchased to provide a direct benefit to such administrations. (Sec. 199B) Authorizes the Secretary to carry out a program to establish uniform standards for developing and supporting agency transit pass and transit benefits, including distribution of such benefits by various paper and electronic media. Title II: Department of Housing and Urban Development - Department of Housing and Urban Development Appropriations Act, 2015 - Makes appropriations for FY2015 to the Department of Housing and Urban Development (HUD) for: (1) administration, operations, and management; (2) the Office of Public and Indian Housing; (3) the Office of Community Planning and Development; (4) the Office of Housing and the Federal Housing Administration (FHA); (5) the Government National Mortgage Association (Ginnie Mae); (6) Office of Policy Development and Research; (7) Office of Fair Housing and Equal Opportunity; (8) the Office of Healthy Homes and Lead Hazard Control; and (9) the Office of Inspector General. Rescinds permanently $10 million from funds previously provided for the General and Special Risk Insurance Funds Program account. (Sec. 201) Requires rescission of 50% of the amounts of budget authority (or, in the alternative, remittance to the Treasury of 50% of the associated cash amounts) that are recaptured from certain state-, local government-, or local housing agency-financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988. Requires such recaptured budget authority or funds, as well as any budget authority or cash recaptured and not rescinded or remitted to the Treasury, to be used by state housing finance agencies or local governments or local housing agencies with HUD-approved projects for which settlement occurred after January 1, 1992. Authorizes the Secretary of HUD (Secretary in this title), all the same, to award up to 15% of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their projects at a lower interest rate. (Sec. 202) Prohibits the use of funds during FY2015 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that is engaged in solely to achieve or prevent action by a government official or entity, or a court of competent jurisdiction. (Sec. 203) Directs the Secretary to make a grant under certain authority of the AIDS Housing Opportunity Act for any state that received an allocation in a prior fiscal year, but is not otherwise eligible for an FY2015 allocation because the areas in the state outside of qualifying metropolitan statistical areas in FY2015 do not have the number of cases of acquired immunodeficiency syndrome (AIDS) otherwise required. Prescribes a formula for the allocation of such grants to Jersey City and Paterson, New Jersey. Requires the Secretary to: (1) adjust the funds allocated for FY2015 under the AIDS Housing Opportunity Act to Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division; and (2) allocate a portion to the state of New Jersey according to a specified formula. Directs the Secretary to allocate to Wake County, North Carolina, certain funds that otherwise would be allocated for FY2015 under such Act to Raleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina, Metropolitan Statistical Area. Authorizes the Secretary to: (1) adjust FY2015 allocations under such Act upon the written request of a grant applicant for a formula allocation on behalf of a metropolitan statistical area, and (2) designate the state or states in which the metropolitan statistical area is located as the eligible grantee(s) of the allocation. (Sec. 204) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with the Department of Housing and Urban Development Reform Act of 1989. (Sec. 205) Makes certain funds available, without regard to limitations on administrative expenses, for: (1) legal services on a contract or fee basis; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act. (Sec. 207) Authorizes any HUD corporations and agencies subject to the Government Corporation Control Act to make expenditures, contracts, and commitments without regard to fiscal year limitations as necessary to carry out their FY2015 budgets. (Sec. 208) Directs the Secretary to report quarterly to congressional appropriations committees regarding all uncommitted, unobligated, recaptured, and excess funds in each program and activity within HUD jurisdiction, along with additional, updated budget information upon request. (Sec. 209) Requires the President's formal budget request for FY2016 and HUD's congressional budget justifications to use the identical account and subaccount structure provided under this Act. (Sec. 210) Declares that a public housing agency (PHA) (or other entity) that administers federal housing assistance for the Housing Authority of the county of Los Angeles, California, or the states of Alaska, Iowa, or Mississippi shall not be required to include a resident of public housing or a recipient of section 8 rental assistance (under the United States Housing Act of 1937) on the agency or entity governing board. Requires each such PHA (or other entity) that chooses not to include such individuals on its governing board to establish an advisory board, which shall meet at least quarterly, consisting of at least six residents of public housing or section 8 rental assistance recipients. (Sec. 211) Prohibits the use of funds provided under this title for an audit of Ginnie Mae that applies certain requirements of the Federal Credit Reform Act of 1990. (Sec. 212) Authorizes the Secretary for FY2015-FY2016, subject to specified conditions, to authorize the transfer of some or all project-based assistance, debt, and statutorily required low-income and very low-income use restrictions, associated with one or more multifamily housing project, to another multifamily housing project or projects. (Sec. 213) Prohibits any section 8 rental assistance to any individual who: (1) is enrolled as a student at an institution of higher education; (2) is under age 24; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, and was not receiving section 8 assistance as of November 30, 2005; and (7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive such assistance. Declares that, for section 8 rental assistance eligibility purposes, any financial assistance (in excess of amounts received for tuition) that an individual receives under the Higher Education Act of 1965, from private sources, or an institution of higher education shall be considered income to that individual, except for a person over age 23 with dependent children. (Sec. 214) Requires that the funds made available for Native American Housing Block Grants in this title be allocated to the same recipients that received funds in FY2005. (Sec. 215) Authorizes the Secretary through FY2015 to insure, and enter into commitments to insure, home equity conversion mortgages (HECMs, or reverse mortgages) for elderly homeowners. (Sec. 216) Requires the Secretary during FY2015, in managing and disposing of any multifamily property that is owned or has a mortgage held by HUD, and during the process of foreclosure on any property with a contract for section 8 rental assistance payments or other federal programs, to maintain any rental assistance payments attached to any dwelling units in the property. Authorizes the Secretary, however, to the extent that such a multifamily property is not feasible for continued payments, based on specified cost, operation, or environmental considerations, to: (1) contract, in consultation with the property's tenants, for project-based rental assistance payments with an owner or owners of other existing housing properties; or (2) provide other rental assistance. (Sec. 217) Amends the Housing and Community Development Act of 1974 to authorize the Secretary to use Community Development Loan Guarantee funds to guarantee, or make commitments to guarantee, notes or other obligations issued by any state on behalf of its non-entitlement communities. Repeals limitations on the total amount of outstanding obligations guaranteed on a cumulative basis by the Secretary for any fiscal year. Requires the Secretary to monitor the use by eligible public entities, as well as states, of commitment amounts authorized in appropriation Acts for any fiscal year. Repeals the prohibition against imposing a fee or charge on or with respect to HUD guarantees and commitment to guarantee loans. Requires any state receiving a guarantee or commitment on behalf of non-entitlement areas to distribute all funds subject to such guarantee to the general local governments in non-entitlement areas that received the commitment. (Sec. 218) Authorizes PHAs that own and operate 400 or fewer public housing units to elect to be exempt from any asset management requirements imposed by the Secretary in connection with the operating fund rule. Prohibits exemption from such requirements, however, for an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula. (Sec. 219) Prohibits the Secretary, with respect to the use of funds for the operation, capital improvement, and management of public housing authorized by the United States Housing Act of 1937, from imposing any asset management requirement or guideline that restricts or limits in any way the use of capital funds for central office costs. Prohibits a PHA, however, from using capital funds authorized for eligible operation and management activities with operating funds in excess of specified permitted amounts, unless otherwise specified under this title. (Sec. 220) Prohibits designation of a HUD official or employee as an allotment holder unless he or she has: (1) implemented an adequate system of funds control, and (2) received training in funds control procedures and directives. (Sec. 221) Requires the Secretary to report annually to congressional appropriations committees on the status of all section 8 project-based housing, including the number of all project-based units by region, as well as an analysis of all federally subsidized housing being refinanced under the Mark-to-Market program. (Sec. 222) Requires the Secretary for FY2015 and thereafter to notify the public through the Federal Register and other appropriate means of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund that is to be awarded competitively. Authorizes the Secretary for such period to make the NOFA available only on the Internet at the appropriate government website or through other electronic media. (Sec. 223) Requires payment of attorney fees in program-related litigation from the individual program office and Office of General Counsel personnel funding. (Sec. 225) Considers the HUD-administered Disaster Housing Assistance Programs as a HUD program under the McKinney Act for income verification and matching purposes. (Sec. 226) Requires the Secretary to take specified actions when a multifamily housing project with a section 8 contract or contract for similar project-based assistance: (1) receives a Real Estate Assessment Center (REAC) score of 30 or less; or (2) receives a REAC score between 31 and 59 and fails to certify in writing to HUD, within 60 days, that all deficiencies have been corrected, or receives consecutive scores of less than 60 on REAC inspections. Applies such requirements to insured and noninsured projects with section 8 rental assistance attached to the units; but not to units receiving PHA project-based assistance under the voucher program, or to public housing units assisted with capital or operating funds. (Sec. 227) Prohibits during any PHA FY2015 the use of funds, made available for specified purposes of the United States Housing Act of 1937 (including the Section 8 tenant-based rental assistance program), by any PHA for any amount of salary, including bonuses, for its chief executive officer, or any other official or employee that exceeds the annual rate of basic pay for a position at level IV of the Executive Schedule. (Sec. 228) Amends the United States Housing Act of 1937 to extend through FY2015 the authorization of appropriations for: (1) demolition, site revitalization, replacement housing, and tenant-based assistance grants for severely distressed public housing projects; and (2) grants for assisting affordable housing developed through main street projects in smaller communities. (Sec. 229) Allows up to $10 million out of funds appropriated for salaries and expenses under all accounts under this title (except for the Office of Inspector General account) to be transferred and merged with amounts appropriated for the Information Technology Fund account. (Sec. 230) Bars the use of funds made available by this Act for the HUD doctoral dissertation research grant program. (Sec. 231) Modifies funding requirements for Rental Assistance Demonstration provided in the Department of Housing and Urban Development Appropriations Act, 2012. Extends through FY2016 a specified program for conversion of tenant-based rental assistance vouchers to PHA project-based vouchers. (Sec. 232) Bars the use of funds in this Act provided to HUD to make a grant award unless the Secretary notifies congressional appropriations committees at least three full business days before any project, state, locality, housing authority, tribe, nonprofit organization, or other entity selected to receive a grant award is announced by HUD or its offices. (Sec. 233) Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 to extend through October 1, 2018, the FHA-Insured Multifamily Housing Mortgage and Housing Assistance Program and the Office of Multifamily Housing Assistance Restructuring. (Sec. 234) Amends the United States Housing Act of 1937 to modified requirements governing the public housing Capital and Operating Funds. Authorizes a PHA to establish a Replacement Reserve to carry out certain listed capital activities. Allows a PHA to deposit funds from its Capital Fund at any time into a Replacement Reserve, subject to specified conditions. Authorizes the Secretary to allow a PHA, in first establishing a Replacement Reserve, to transfer more than 20% of its operating funds into it. Allows funds in a Replacement Reserve to be used to carry out capital and management activities and for any purpose in its Capital Fund 5-Year Action Plan. Exempts funds held in PHA Replacement Reserves from penalties for slow expenditure by a PHA of capital funds. (Sec. 235) Limits a PHA's use, for capital and management activities eligible for assistance from the Capital Fund, to 20% of any appropriations for FY2015 or any ensuing fiscal year that are allocated to the PHA from the Operating Fund, but only if the public housing plan for the agency provides for the use. (236) Amends the Cranston-Gonzalez National Affordable Housing Act to revise requirements with respect to termination of tenancy by an owner of affordable housing assisted under such Act for rental. States that the mandatory 30-day notice is not required if the grounds for the termination or refusal to renew a lease involve a direct threat to the safety of the tenants or employees of the housing, or an imminent and serious threat to the property (and the termination or refusal to renew is in accordance with requirements of state or local law). Allows a community housing development organization funded by the state to serve all counties within the state. (Sec. 237) Directs the Secretary to establish a demonstration program under which, during the period between enactment of this Act and the end of FY2017, the Secretary may enter into competitively selected, budget-neutral, performance-based, 12-year agreements that result in a reduction in energy or water costs with appropriate entities to carry out projects for energy or water conservation improvements at up to 20,000 residential units in multifamily buildings participating in: section 8 project-based rental assistance programs under the United States Housing Act of 1937, other than section 8 (voucher program) assistance; supportive housing for the elderly programs under the Housing Act of 1959; or supportive housing for persons with disabilities programs under the Cranston-Gonzalez National Affordable Housing Act. Prescribes requirements for payment under an agreement, which shall be contingent on documented utility savings. Authorizes the Secretary to use for the demonstration program any funds appropriated for the renewal of contracts under the specified housing programs. (Sec. 238) Amends the Housing Opportunity Program Extension Act of 1996 to allow national and regional organizations and consortia experienced in providing or facilitating self-help housing homeownership opportunities to use certain grants for rehabilitation of existing dwelling units. Includes planning, administration, and management of grant programs as eligible expenses. Limits them to 20% of a grant. Requires the Secretary to establish a deadline (which may be extended for good cause) by which time all units that have been assisted with grant funds must be completed and conveyed. (Sec. 239) Amends the Housing and Community Development Act of 1992 to modify requirements with respect to loan guarantees for Indian housing. Requires the holder of a guarantee, before any payment under a loan guarantee is made, among other things to give good faith consideration to making a loan modification as well as meet standards for servicing loans in default. (Sec. 240) Amends the National Housing Act to authorize the Secretary, in each fiscal year, to charge and collect a fee of up to four basis points of the original principal balance of mortgages originated by the mortgagee that were insured during the previous fiscal year. Requires the use of collected fees as offsetting collections for part of the administrative contract expenses funding and any necessary salaries and expenses funding provided under the Mutual Mortgage Insurance Program Account. (Sec. 241) Revises procedures under the section 8 rental assistance program for publishing fair market rentals for an area with respect to the amount and scope of monthly assistance payments. Requires the Secretary to publish such rentals at least annually on the HUD website and in any other manner specified by the Secretary. Repeals the requirement that the Secretary establish separate fair market rentals for Westchester County, New York, and for Monroe County, Pennsylvania. (Sec. 242) Rescinds permanently all unobligated balances, including recaptures and carryover, remaining from funds appropriated to HUD for: (1) brownfields redevelopment, (2) rural housing and economic development, (3) drug elimination grants for low income housing, and (4) the Youthbuild program under the Cranston-Gonzalez National Affordable Housing Act. (Sec. 243) Requires any sums necessary to implement the Homeowners Armed with Knowledge (HAWK) pilot to be absorbed within the levels appropriated in this Act. (Sec. 244) Amends the Housing and Urban Development Act of 1968 to authorize the Secretary, for purposes of providing assistance for housing for low- and moderate-income families, to enter into appropriate multiyear agreements, subject to the availability of annual appropriations. (Sec. 245) Amends the National Housing Act with respect to minimum property standards established by the Secretary to promote energy saving techniques in newly constructed residential housing, other than manufactured homes, subject to mortgages insured under the Act. Authorizes the Secretary to establish an exception to any such minimum property standard in order to address alternative water systems, including cisterns, which meet requirements of state and local building codes that ensure health and safety standards. (Sec. 246) Requires the Secretary, in addition to making certain funds available to metropolitan cities and urban counties located or partially located in a major disaster declared area, to provide assistance to any state for use by any non-entitlement area in which there was a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act in 2014. Title III: Related Agencies - Makes appropriations for FY2015 to: (1) the Access Board, (2) the Federal Maritime Commission, (3) the Office of Inspector General for the National Railroad Passenger Corporation (Amtrak), (4) the National Transportation Safety Board (NTSB), (5) the Neighborhood Reinvestment Corporation, and (6) the U.S. Interagency Council on Homelessness. Title IV: General Provisions (This Act) - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act. (Sec. 401) Prohibits the use of funds for the planning or execution of any program to pay the expenses of, or otherwise compensate, nonfederal parties intervening in regulatory or adjudicatory proceedings funded in this Act. (Sec. 404) Prohibits the obligation or expenditure of funds made available in this Act for any employee training that meets specified negative criteria. Declares that nothing in this prohibition shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. (Sec. 407) Prohibits the use of funds to support any federal, state, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. (Sec. 408) Requires all federal agencies and departments funded by this Act to report by March 30, 2015, to the congressional appropriations committees on all sole source contracts. (Sec. 409) Prohibits the transfer of funds made available in this Act to any federal department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. (Sec. 410) Prohibits payment of the salary from any appropriation under this Act for any person filling a position (other than temporary) formerly held by an employee who has: (1) left to enter the U.S. Armed Forces; (2) satisfactorily completed his or her period of active military or naval service; (3) within 90 days after release from such service, or from hospitalization continuing after discharge for up to one year, applied for restoration to his former position; and (4) been certified by the Office of Personnel Management (OPM) as still qualified to perform the duties of his or her former position, but not been restored to it. (Sec. 411) Prohibits the expenditure of funds appropriated under this Act by an entity unless the entity agrees to comply with the Buy American Act. (Sec. 412) Prohibits the availability of funds to any person or entity that has been convicted of violating the Buy American Act. (Sec. 413) Prohibits the use of funds under this Act for first-class airline accommodations in contravention of specified federal regulations. (Sec. 414) Prohibits the provision of any funds made available under this or prior Acts to the Association of Community Organizations for Reform Now (ACORN) or its affiliates, subsidiaries, or allied organizations. (Sec. 415) Prohibits the use of funds made available by this Act to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that was convicted of a felony criminal violation under any federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has: (1) considered suspension or debarment of the corporation, and (2) made a determination that this further action is not necessary to protect government interests. (Sec. 416) Makes the same prohibition as in Sec. 414 with respect to any corporation with any unpaid federal tax liability that is not being paid in a timely manner, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and determined that this further action is not necessary to protect the interests of the government. (Sec. 417) Expresses the sense of Congress that Congress should not pass any legislation that authorizes spending cuts that would increase poverty in the United States. (Sec. 418) Requires all agencies and departments funded by this Act to report to Congress at the end of the fiscal year a complete inventory of the total number of vehicles owned, permanently retired, and purchased during FY2015 as well as the total cost of the vehicle fleet, including maintenance, fuel, storage, purchasing, and leasing. (Sec. 419) Prohibits the use of funds made available by this Act to pay for the painting of a portrait of a federal officer or employee, including the head of an Executive branch agency. (Sec. 420) Requires the head of any executive branch department, agency, board, commission, or office (entity) funded by this Act to report annually to its Inspector General (or senior ethics official if there is no Inspector General) regarding the costs and contracting procedures related to each conference held by the entity during FY2015 for which the cost to the U.S. government exceeded $100,000. Requires each entity head, within 15 days of any conference costing the U.S. government during FY2015 more than $20,000, to notify its Inspector General or senior ethics official of the date, location, and number of employees attending the conference. Declares that a grant or contract funded by amounts appropriated by this Act to an executive branch agency may not be used to defray the costs of any such conference that is not directly and programmatically related to the purpose for which the grant or contract was awarded. Prohibits the use of funds made available by this Act for travel and conference activities that are not in compliance with Office of Management and Budget (OMB) Memorandum M-12-12 dated May 11, 2012. (Sec. 421) Prohibits the use of funds made available by this Act to send or otherwise pay for the attendance of more than 50 employees of a single federal agency or department, who are stationed in the United States, at any single international conference occurring outside the United States unless the relevant Secretary reports to specified congressional committees at least 5 days in advance that such attendance is important to the national interest. Specifies that such an international conference involves representatives of the U.S. government and of foreign governments, international organizations, or nongovernmental organizations. (Sec. 422) Requires that any report a federal department or agency must submit to either congressional appropriations committee be posted on the department or agency public website 30 days after receipt by the committee. Exempts a report from this requirement if the posting would compromise national security or the report contains proprietary information. (Sec. 423) Requires federal departments funded by this Act to report by March 1 a detailed summary of its advertising in the prior fiscal year, including the total amount spent. (Sec. 424) Prohibits the use of funds made available by this Act to make bonus awards to contractors for work on projects that are behind schedule or over budget. (Sec. 425) Prohibits the use of funds under this Act for premium travel by a federal agency that did not provide a report on premium travel to the General Services Administration (GSA) in the prior fiscal year. (Sec. 426) Requires each federal department funded by this Act to report by March 2, 2015, on its efforts to address the duplication identified in the annual reports on duplication issued by the Government Accountability Office (GAO), along with legal barriers preventing the department's ability to further reduce duplication. (Sec. 427) Prohibits the use of funds made available by this Act to purchase a light bulb for an office building unless the light bulb has, to the extent practicable, an Energy Star or Federal Energy Management Program designation. (Sec. 428) Requires any federal agency or department funded by this Act to respond in a timely manner to any recommendation made to it by the GAO.

113 S2438 PCS: Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2015 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 412 113th CONGRESS 2d Session S. 2438 [Report No. 113–182] IN THE SENATE OF THE UNITED STATES June 5, 2014 Mrs. Murray Committee on Appropriations A BILL Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2015, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2015, and for other purposes, namely: I Department of transportation Office of the secretary Salaries and expenses For necessary expenses of the Office of the Secretary, $108,000,000, of which not to exceed $2,696,000 shall be available for the immediate Office of the Secretary; not to exceed $1,011,000 shall be available for the immediate Office of the Deputy Secretary; not to exceed $19,980,000 shall be available for the Office of the General Counsel; not to exceed $10,300,000 shall be available for the Office of the Under Secretary of Transportation for Policy; not to exceed $12,676,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $2,500,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $27,131,000 shall be available for the Office of the Assistant Secretary for Administration; not to exceed $2,000,000 shall be available for the Office of Public Affairs; not to exceed $1,714,000 shall be available for the Office of the Executive Secretariat; not to exceed $1,414,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $10,778,000 shall be available for the Office of Intelligence, Security, and Emergency Response; and not to exceed $15,800,000 shall be available for the Office of the Chief Information Officer: Provided Provided further Provided further Provided further Provided further Provided further Research and technology For necessary expenses related to the Office of the Assistant Secretary for Research and Technology, $13,500,000, of which $8,218,000 shall remain available until September 30, 2017: Provided Provided further National Infrastructure Investments For capital investments in surface transportation infrastructure, $550,000,000, to remain available through September 30, 2018: Provided Provided further Provided further chapter 6 Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further chapter 31 Provided further Provided further Financial management capital For necessary expenses for upgrading and enhancing the Department of Transportation's financial systems and re-engineering business processes, $5,000,000, to remain available through September 30, 2016. Cyber security initiatives For necessary expenses for cyber security initiatives, including necessary upgrades to wide area network and information technology infrastructure, improvement of network perimeter controls and identity management, testing and assessment of information technology against business, security, and other requirements, implementation of Federal cyber security initiatives and information infrastructure enhancements, implementation of enhanced security controls on network devices, and enhancement of cyber security workforce training tools, $5,000,000, to remain available through September 30, 2016. Office of civil rights For necessary expenses of the Office of Civil Rights, $9,600,000. Transportation planning, research, and development For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, to remain available until expended, $6,000,000. Working capital fund For necessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $182,000,000 shall be paid from appropriations made available to the Department of Transportation: Provided Provided further Provided further Provided further Minority business resource center program For the cost of guaranteed loans, $333,000, as authorized by 49 U.S.C. 332: Provided Provided further In addition, for administrative expenses to carry out the guaranteed loan program, $592,000. Minority business outreach For necessary expenses of Minority Business Resource Center outreach activities, $3,099,000, to remain available until September 30, 2016: Provided Payments to air carriers (airport and airway trust fund) In addition to funds made available from any other source to carry out the essential air service program under 49 U.S.C. 41731 through 41742, $155,000,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided Provided further, section 41732(b)(3) Provided further Administrative provisions—office of the secretary of transportation 101. None of the funds made available in this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for Congressional notification. 102. The Secretary or his designee may engage in activities with States and State legislators to consider proposals related to the reduction of motorcycle fatalities. 103. Notwithstanding section 3324 Public Law 109–59 Provided 104. The Secretary shall post on the Web site of the Department of Transportation a schedule of all meetings of the Credit Council, including the agenda for each meeting, and require the Credit Council to record the decisions and actions of each meeting. Federal aviation administration Operations (airport and airway trust fund) For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts made available by Public Law 108–176 Provided Provided further Provided further, Provided further, Public Law 108–176 Provided further, Provided further, Provided further, Provided further, Provided further Provided further, Provided further Provided further, Provided further, Provided further Facilities and equipment (airport and airway trust fund) For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of national airspace systems and experimental facilities and equipment, as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this heading, including aircraft for aviation regulation and certification; to be derived from the Airport and Airway Trust Fund, $2,473,700,000, of which $458,000,000 shall remain available until September 30, 2015, and $2,015,700,000 shall remain available until September 30, 2017: Provided Provided further Provided further Research, engineering, and development (airport and airway trust fund) For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant, $156,750,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2017: Provided Grants-in-aid for airports (liquidation of contract authorization) (limitation on obligations) (airport and airway trust fund) (including transfer of funds) (including rescission) For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 section 41743 section 44706 Provided section 47117(g) Provided further section 48112 Provided further Provided further Provided further section 47109(a) Provided further Office of the Secretary, Salaries and Expenses (Rescission) Any amounts made available for the fiscal year ending September 30, 2015, under section 48112 Administrative provisions—federal aviation administration 110. None of the funds in this Act may be used to compensate in excess of 600 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2014. 111. None of the funds in this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided below-market 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 U.S.C. 45303 and any amount remaining in such account at the close of that fiscal year may be made available to satisfy section 41742(a)(1) for the subsequent fiscal year. 113. Amounts collected under section 40113(e) of title 49, United States Code, shall be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes of such appropriation. 114. None of the funds in this Act shall be available for paying premium pay under sub section 5546(a) 115. None of the funds in this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card. 116. The Secretary shall apportion to the sponsor of an airport that received scheduled or unscheduled air service from a large certified air carrier (as defined in part 241 of title 14 Code of Federal Regulations, or such other regulations as may be issued by the Secretary under the authority of section 41709) an amount equal to the minimum apportionment specified in 49 U.S.C. 47114(c) 117. None of the funds in this Act may be obligated or expended for retention bonuses for an employee of the Federal Aviation Administration without the prior written approval of the Assistant Secretary for Administration of the Department of Transportation. 118. Subparagraph (D) of section 47124(b)(3) of title 49, United States Code, is amended by striking benefit. benefit, with the maximum allowable local cost share capped at 20 percent. 119. Notwithstanding any other provision of law, none of the funds made available under this Act or any prior Act may be used to implement or to continue to implement any limitation on the ability of any owner or operator of a private aircraft to obtain, upon a request to the Administrator of the Federal Aviation Administration, a blocking of that owner's or operator’s aircraft registration number from any display of the Federal Aviation Administration’s Aircraft Situational Display to Industry data that is made available to the public, except data made available to a Government agency, for the noncommercial flights of that owner or operator. 119A. None of the funds in this Act shall be available for salaries and expenses of more than 9 political and Presidential appointees in the Federal Aviation Administration. 119B. None of the funds made available under this Act may be used to increase fees pursuant to section 44721 119C. None of the funds appropriated or limited by this Act may be used to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey. 119D. None of the funds in this Act may be used to close a regional operations center of the Federal Aviation Administration or reduce its services unless the Administrator notifies the House and Senate Committees on Appropriations not less than 90 full business days in advance. 119E. Section 916 of Public Law 112–95 Advanced Materials in Transport Aircraft Joint Advanced Materials and Structures 119F. Sub section 47109(c)(2) , except that at a non-hub airport located in a State as set forth in paragraph (1) of this subsection that is within 15 miles of another State as set forth in paragraph (1) of this subsection, the Government’s share shall be an average of the Government share applicable to any project in each of the States Federal highway administration Limitation on administrative expenses (Highway Trust Fund) (including transfer of funds) Not to exceed $426,100,000, together with advances and reimbursements received by the Federal Highway Administration, shall be obligated for necessary expenses for administration and operation of the Federal Highway Administration. In addition, not to exceed $3,248,000 shall be transferred to the Appalachian Regional Commission in accordance with section 104 Federal-aid highways (limitation on obligations) (highway trust fund) Funds available for the implementation or execution of programs of Federal-aid Highways and highway safety construction programs authorized under titles 23 and 49, United States Code, and the provisions of Public Law 112–141 Provided Provided further Provided further section 608 (Liquidation of contract authorization) (Highway Trust Fund) For the payment of obligations incurred in carrying out Federal-aid Highways and highway safety construction programs authorized under title 23, United States Code, $40,995,000,000 derived from the Highway Trust Fund (other than the Mass Transit Account), to remain available until expended. Administrative provisions—federal highway administration 120. (a) For fiscal year 2015, the Secretary of Transportation shall— (1) not distribute from the obligation limitation for Federal-aid Highways— (A) amounts authorized for administrative expenses and programs by section 104(a) (B) amounts authorized for the Bureau of Transportation Statistics; (2) not distribute an amount from the obligation limitation for Federal-aid Highways that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid Highways and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 or 204 of title 23, United States Code); and (B) for which obligation limitation was provided in a previous fiscal year; (3) determine the proportion that— (A) the obligation limitation for Federal-aid Highways, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid Highways and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (12) of subsection (b) and sums authorized to be appropriated for section 119 (4) distribute the obligation limitation for Federal-aid Highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under the Moving Ahead for Progress in the 21st Century Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for such fiscal year; and (5) distribute the obligation limitation for Federal-aid Highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid Highways and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(13) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that— (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year. (b) Exceptions From Obligation Limitation The obligation limitation for Federal-aid Highways shall not apply to obligations under or for— (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144 (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid Highways programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and (12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 and 2014, but only in an amount equal to $639,000,000 for each of those fiscal years); and (13) section 119 of title 12, United States Code (but, for fiscal year 2015, only in an amount equal to $639,000,000). (c) Redistribution of Unused Obligation Authority Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year— (1) revise a distribution of the obligation limitation made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Public Law 112–141 (d) Applicability of Obligation Limitations to Transportation Research Programs (1) In general Except as provided in paragraph (2), the obligation limitation for Federal-aid Highways shall apply to contract authority for transportation research programs carried out under— (A) chapter 5 (B) division E of the Moving Ahead for Progress in the 21st Century Act. (2) Exception Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid Highways and highway safety construction programs for future fiscal years. (e) Redistribution of Certain Authorized Funds (1) In general Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 (A) are authorized to be appropriated for such fiscal year for Federal-aid Highways programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for such fiscal year because of the imposition of any obligation limitation for such fiscal year. (2) Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5). (3) Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. 121. Notwithstanding 31 U.S.C. 3302 Provided 122. Not less than 15 days prior to waiving, under his statutory authority, any Buy America requirement for Federal-aid Highways projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided 123. None of the funds in this Act to the Department of Transportation may be used to provide credit assistance unless not less than 3 days before any application approval to provide credit assistance under sections 603 604 Provided 124. From the unobligated balances of funds apportioned among the States prior to October 1, 2012, under sections 104(b) of title 23, United States Code (as in effect on the day before the date of enactment of Public Law 112–141 Provided Public Law 112–141 Public Law 109–59 Public Law 112–141 Provided further Provided further section 104(a) Federal motor carrier safety administration Motor carrier safety operations and programs (liquidation of contract authorization) (limitation on obligations) (highway trust fund) For payment of obligations incurred in the implementation, execution and administration of motor carrier safety operations and programs pursuant to section 31104(i) Public Law 109–59 Public Law 112–141 Provided Motor Carrier Safety Operations and Programs Provided further Public Law 112–141 Public Law 112–141 Provided further Public Law 112–141 Motor Carrier Safety Operations and Programs Provided further Provided further Provided further National Motor Carrier safety (liquidation of contract authorization) (limitation on obligations) (highway trust fund) Of the unobligated contract authority provided in the Transportation Equity Act for the 21st Century (Public Law 105–178) or other appropriation or authorization acts for the national motor carrier safety program, $8,300,000 shall be made available to augment funding to execute the Federal Motor Carrier Safety Administration’s Capital Improvement Plan for border facilities and field offices, including physical information technology infrastructure: Provided Motor carrier safety grants (liquidation of contract authorization) (limitation on obligations) (highway trust fund) For payment of obligations incurred in carrying out sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States Code, and sections 4126 and 4128 of Public Law 109–59 Public Law 112–141 Provided Motor Carrier Safety Grants Provided further ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 130. Funds appropriated or limited in this Act shall be subject to the terms and conditions stipulated in section 350 of Public Law 107–87 Public Law 110–28 131. None of the funds limited or otherwise made available under the heading Motor Carrier Safety Operations and Programs 132. None of the funds limited or otherwise made available under this Act shall be used by the Secretary to enforce any regulation prohibiting a State from issuing a commercial learner’s permit to individuals under the age of eighteen if the State had a law authorizing the issuance of commercial learners permits to individuals under eighteen years of age as of May 9, 2011. 133. (a) Temporary Suspension of Enforcement None of the funds appropriated or otherwise made available by this Act or any other Act shall be used to enforce sections 395.3(c) 395.3(d) (b) Public Notification As soon as possible after the date of the enactment of this Act, the Secretary of Transportation shall publish a Notice in the Federal Register and on the Federal Motor Carrier Safety Administration website announcing that the provisions in the rule referred to in subsection (a) shall have no force or effect from the date of enactment of this Act through September 30, 2015, and the restart rule in effect on June 30, 2013, shall immediately be in effect. (c) Commercial Motor Vehicle (CMV) Driver Restart Study Within 90 days of enactment of this Act, the Secretary shall initiate a naturalistic study of the operational, safety, health and fatigue impacts of the restart provisions in sections 395.3(c) 395.3(d) (1) compare the work schedules and assess operator fatigue between the following two groups of commercial motor vehicle drivers, each large enough to produce statistically significant results: (A) commercial motor vehicle drivers who operate under such provisions, in effect between July 1, 2013, and the day before the date of enactment of this Act, and (B) commercial motor vehicle drivers who operate under the provisions as in effect on June 30, 2013. (2) compare, at a minimum, the 5-month work schedules and assess safety critical events (crashes, near crashes and crash-relevant conflicts) and operator fatigue between the following two groups of commercial motor vehicle drivers, from a statistically significant sample of drivers comprised of fleets of all sizes, including long-haul, regional and short-haul operations in various sectors of the industry, including flat-bed, refrigerated, tank, and dry-van, to the extent practicable; (3) assess drivers’ safety critical events, fatigue and levels of alertness and driver health outcomes by using both electronic and captured record of duty status, including the Psychomotor Vigilance Test (PVT), e-logging data, actigraph watches and cameras or other on-board monitoring systems that record or measure safety critical events and driver alertness; (4) utilize data from electronic logging devices, consistent to the extent practicable, with the anticipated requirements for such devices in section 31137(b) section 31137(e) (5) include the development of an initial study plan and final report, each of which shall be subject to an independent peer review panel of individuals with relevant medical and scientific expertise. (d) Department of Transportation Office of Inspector General Review Prior to the study required under this subsection commencing, the Secretary shall submit a plan outlining the scope and methodology for the study to the Department of Transportation Inspector General within 60 days of enactment of this Act. (1) Within 30 days of receiving the plan, the Office of Inspector General shall review and comment on the plan, including whether it includes— (A) a sufficient number of drivers participating to produce statistically significant results and consistent with subsection (c)(2); (B) an assessment of whether the technologies being used to assess the operational, safety and fatigue components of the study are reliable and will produce consistent and valid results; (C) appropriate performance measures to properly evaluate the study outcomes; and (D) assess the selection of the independent review panel under subsection (c)(5). (2) The Office of Inspector General shall report its findings, conclusions and recommendations to the Secretary and to the House and Senate Committees on Appropriations within 30 days of receipt of the plan. (e) Reporting Requirements The Secretary shall submit a final report on the findings and conclusions of the study and the Department’s recommendations on whether the provisions in effect on July 1, 2013, provide a greater net benefit for the operational, safety, health and fatigue impacts of the restart provisions to the Inspector General within 210 days of receiving the Office of the Inspector General report required in subsection (d)(2). (1) Within 60 days of receipt of the Secretary’s findings and recommendations in subsection (e), the Inspector General shall report to the Secretary and the House and Senate Committees on Appropriations on the study’s compliance with the requirements outlined under subsection (c). (2) Upon submission of the Office of the Inspector General report in paragraph (1), the Secretary shall submit its report to the House and Senate Committees on Appropriations and make the report publically available on its website. (f) Certification The Secretary of Transportation shall certify in writing in a manner addressing the Inspector General's findings and recommendations in subsection (d)(1) and (e)(1) of this section that the Secretary has met the requirements as described in section (c) and (d). (g) Paperwork reduction act exception The study and the Office of the Inspector General reviews shall not be subject to section 3506 or 3507 of title 44, United States Code. National highway traffic safety administration Operations and research For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety authorized under chapter 301 and part C of subtitle VI of title 49, United States Code, $134,500,000, of which $20,000,000 shall remain available through September 30, 2016. Operations and research (liquidation of contract authorization) (limitation on obligations) (highway trust fund) For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403 chapter 303 Provided chapter 303 Provided further Provided further 23 U.S.C. 403 chapter 303 Highway traffic safety grants (liquidation of contract authorization) (limitation on obligations) (highway trust fund) For payment of obligations incurred in carrying out provisions of 23 U.S.C. 402 and 405, section 2009 of Public Law 109–59, as amended by Public Law 112–141 Provided Public Law 109–59 Public Law 112–141 Highway Safety Programs 23 U.S.C. 402 National Priority Safety Programs 23 U.S.C. 405 High Visibility Enforcement Program Public Law 109–59 Public Law 112–141 Administrative Expenses Provided further Provided further National Priority Safety Programs Impaired Driving Countermeasures Provided further Transfers Provided further 23 U.S.C. 405(a)(1)(G) Administrative provisions—national highway traffic safety administration 140. An additional $130,000 shall be made available to the National Highway Traffic Safety Administration, out of the amount limited for section 402 of title 23, United States Code, to pay for travel and related expenses for State management reviews and to pay for core competency development training and related expenses for highway safety staff. 141. The limitations on obligations for the programs of the National Highway Traffic Safety Administration set in this Act shall not apply to obligations for which obligation authority was made available in previous public laws but only to the extent that the obligation authority has not lapsed or been used. 142. None of the funds in this Act shall be used to implement section 404 Federal railroad administration Safety and operations For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $191,250,000, of which $15,400,000 shall remain available until expended. Railroad research and development For necessary expenses for railroad research and development, $40,730,000, to remain available until expended. Railroad rehabilitation and improvement financing program The Secretary of Transportation is authorized to issue direct loans and loan guarantees pursuant to sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( Public Law 94–210 Provided Grants to the National Railroad Passenger Corporation To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation as authorized by the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432 such law Provided Provided further Provided further Provided further Provided further section 24905 Provided further Administrative provisions—federal railroad administration 150. Hereafter, notwithstanding any other provision of law, funds provided in this Act for the National Railroad Passenger Corporation shall immediately cease to be available to said Corporation in the event that the Corporation contracts to have services provided at or from any location outside the United States. For purposes of this section, the word services 151. The Secretary of Transportation may receive and expend cash, or receive and utilize spare parts and similar items, from non-United States Government sources to repair damages to or replace United States Government owned automated track inspection cars and equipment as a result of third-party liability for such damages, and any amounts collected under this section shall be credited directly to the Safety and Operations account of the Federal Railroad Administration, and shall remain available until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program. 152. The amounts available to the National Railroad Passenger Corporation for the operation of intercity passenger rail shall be available for distribution by the Secretary only after receiving and reviewing a grant request for each specific train route accompanied by a detailed financial analysis, revenue projection, and capital asset plan justifying the Federal support to the Secretary's satisfaction. 153. None of the funds provided to the National Railroad Passenger Corporation may be used to fund any overtime costs in excess of $35,000 for any individual employee: Provided Provided further Federal transit administration Administrative expenses For necessary administrative expenses of the Federal Transit Administration’s programs authorized by chapter 53 Provided Provided further Transit formula grants (liquidation of contract authorization) (limitation on obligations) (highway trust fund) For payment of obligations incurred in the Federal Public Transportation Assistance Program in this account, and for payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305 Public Law 112–141 Public Law 112–141 Provided 49 U.S.C. 5305 Public Law 112–141 Public Law 112–141 Transit research For necessary expenses to carry out 49 U.S.C. 5312 and 5313, $33,000,000, to remain available until expended: Provided Technical Assistance and Training For necessary expenses to carry out 49 U.S.C. 5314 and 5322(a), (b) and (e), $5,500,000, to remain available until expended: Provided 49 U.S.C. 5322(a) Capital investment grants For necessary expenses to carry out 49 U.S.C. 5309, $2,161,000,000, to remain available until expended. Grants to the washington metropolitan area transit authority For grants to the Washington Metropolitan Area Transit Authority as authorized under section 601 of division B of Public Law 110–432 Provided Provided further Provided further Provided further Public Law 110–432 Administrative provisions—federal transit administration 160. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under the Federal Transit Administration's discretionary program appropriations headings for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2019, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided. 162. Notwithstanding any other provision of law, any funds appropriated before October 1, 2014, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure, may be transferred to and administered under the most recent appropriation heading for any such section. 163. Hereafter, the Secretary may not enforce regulations related to charter bus service under part 604 of title 49, Code of Federal Regulations, for any transit agency that during fiscal year 2008 was both initially granted a 60-day period to come into compliance with part 604, and then was subsequently granted an exception from said part. 164. For purposes of applying the project justification and local financial commitment criteria of 49 U.S.C. 5309(d) 165. In developing guidance implementing 49 U.S.C. 5309(i) Program of Interrelated Projects, the Secretary shall consider projects eligible under section 5309(h) Small Starts Projects, including streetcars. 166. New bus rapid transit projects recommended in the President's budget submission to the Congress of the United States for funds appropriated under the heading Capital investment grants Provided Saint lawrence seaway development corporation The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation's budget for the current fiscal year. Operations and maintenance (harbor maintenance trust fund) For necessary expenses to conduct the operations, maintenance, and capital asset renewal activities of those portions of the St. Lawrence Seaway owned, operated, and maintained by the Saint Lawrence Seaway Development Corporation, $31,500,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99–662 Maritime administration Maritime security program For necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $186,000,000, to remain available until expended. Operations and training For necessary expenses of operations and training activities authorized by law, $149,900,000, of which $11,300,000 shall remain available until expended for maintenance and repair of training ships at State Maritime Academies, and of which $2,400,000 shall remain available through September 30, 2016, for the Student Incentive Program at State Maritime Academies, and of which $1,200,000 shall remain available until expended for training ship fuel assistance payments, and of which $15,954,000 shall remain available until expended for facilities maintenance and repair, equipment, and capital improvements at the United State Merchant Marine Academy, and of which $3,000,000 shall remain available through September 16, 2016, for Maritime Environment and Technology Assistance grants and cooperative agreement: Provided Provided further Provided further Provided further Public Law 110–417 Provided further Ship disposal For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $4,800,000, to remain available until expended. Maritime guaranteed loan (title xi) program account (including transfer of funds) For the cost of guaranteed loans, as authorized, $7,100,000, of which $4,000,000 shall remain available until expended: Provided Provided further Operations and Training, Maritime Administration Administrative provisions—maritime administration 170. Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration: Provided Provided further Pipeline and hazardous materials safety administration Operational expenses (pipeline safety fund) (including transfer of funds) For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $22,225,000: Provided Pipeline Safety Pipeline Safety Information Grants to Communities Hazardous materials safety For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $52,000,000, of which $7,000,000 shall remain available until September 30, 2017: Provided Provided further Pipeline safety (pipeline safety fund) (oil spill liability trust fund) (pipeline safety design review fund) For expenses necessary to conduct the functions of the pipeline safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107 Emergency preparedness grants (emergency preparedness fund) For necessary expenses to carryout 49 U.S.C. 5128(b), $188,000 to be derived from the Emergency Preparedness Fund, to remain available until September 30, 2016: Provided 49 U.S.C. 5116 Provided further 49 U.S.C. 5116(i) Provided further 49 U.S.C. 5128(b) Administrative Provisions—Pipeline and Hazardous Materials Safety Administration 180. Subsection (i)(4) of section 5116 of title 49, United States Code, is amended by striking 2 percent 4 percent 181. Notwithstanding section 60117(n)(1)(B) of title 49, United States Code, the Secretary may require the person proposing any project with design and construction costs over $2,500,000,000 for the construction, expansion, or operation of a gas or hazardous liquid pipeline facility or liquefied natural gas pipeline facility to pay the costs incurred by the Secretary relating to a facility design safety review. 182. The Secretary is directed to initiate a rulemaking or alternative risk-based compliance regime for the siting of small-scale liquefaction facilities that generate and package liquefied natural gas for use as a transportation fuel for domestic delivery via non-pipeline means. The rulemaking or alternative risk-based compliance regime should incorporate the 2013 National Fire Protection Association Standard 59A and industry best practices while ensuring appropriate public safety protections. Office of inspector general Salaries and expenses For necessary expenses of the Office of the Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $86,223,000: Provided 5 U.S.C. App. 3 18 U.S.C. 1001 Provided further section 41712 Surface transportation board Salaries and expenses For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109 Provided Provided further General provisions—Department of transportation 190. During the current fiscal year, applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901–5902 191. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109 192. None of the funds in this Act shall be available for salaries and expenses of more than 110 political and Presidential appointees in the Department of Transportation: Provided 193. (a) No recipient of funds made available in this Act shall disseminate personal information (as defined in 18 U.S.C. 2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1) (b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in noncompliance with this provision. 194. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's Federal-Aid Highways Technical Assistance and Training Safety and Operations 195. None of the funds in this Act to the Department of Transportation may be used to make a grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project competitively selected to receive a discretionary grant award, any discretionary grant award, letter of intent, or full funding grant agreement is announced by the department or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration including the emergency relief program; (2) the airport improvement program of the Federal Aviation Administration; (3) any program of the Federal Railroad Administration; (4) any program of the Federal Transit Administration other than the formula grants and fixed guideway modernization programs; (5) any program of the Maritime Administration; or (6) any funding provided under the headings National Infrastructure Investments Provided quick release Provided further 196. Rebates, refunds, incentive payments, minor fees and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. 197. Amounts made available in this or any other Act that the Secretary determines represent improper payments by the Department of Transportation to a third-party contractor under a financial assistance award, which are recovered pursuant to law, shall be available— (1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments; and (2) to pay contractors for services provided in recovering improper payments or contractor support in the implementation of the Improper Payments Information Act of 2002: Provided (A) shall be credited to and merged with the appropriation from which the improper payments were made, and shall be available for the purposes and period for which such appropriations are available: Provided further (B) if no such appropriation remains available, shall be deposited in the Treasury as miscellaneous receipts: Provided further Provided further improper payments 198. Notwithstanding any other provision of law, if any funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and Senate Committees on Appropriations, transmission of said reprogramming notice shall be provided solely to the Committees on Appropriations, and said reprogramming action shall be approved or denied solely by the Committees on Appropriations: Provided 199. None of the funds appropriated or otherwise made available under this Act may be used by the Surface Transportation Board of the Department of Transportation to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount authorized for district court civil suit filing fees under section 1914 of title 28, United States Code. 199A. Funds appropriated in this Act to the modal administrations may be obligated for the Office of the Secretary for the costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods and services that are purchased to provide a direct benefit to the applicable modal administration or administrations. 199B. The Secretary of Transportation is authorized to carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits authorized under section 7905 This title may be cited as the Department of Transportation Appropriations Act, 2015 II Department of housing and urban development Management and administration Executive offices For necessary salaries and expenses for Executive Offices, which shall be comprised of the offices of the Secretary, Deputy Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $14,700,000: Provided Administrative support offices For necessary salaries and expenses for Administrative Support Offices, $519,867,000, of which not to exceed $48,000,000 shall be available for the Office of the Chief Financial Officer; not to exceed $94,640,000 shall be available for the Office of the General Counsel; not to exceed $198,800,000 shall be available for the Office of Administration; not to exceed $58,000,000 shall be available for the Office of the Chief Human Capital Officer; not to exceed $51,135,000 shall be available for the Office of Field Policy and Management; not to exceed $16,330,000 shall be available for the Office of the Chief Procurement Officer; not to exceed $3,202,000 shall be available for the Office of Departmental Equal Employment Opportunity; not to exceed $4,560,000 shall be available for the Office of Strategic Planning and Management; and not to exceed $45,200,000 shall be available for the Office of the Chief Information Officer: Provided 5 U.S.C. 5901–5902 Provided further, Provided further, Provided further, Program office salaries and expenses Public and indian housing For necessary salaries and expenses of the Office of Public and Indian Housing, $205,525,000. Community planning and development For necessary salaries and expenses of the Office of Community Planning and Development, $103,300,000. Housing For necessary salaries and expenses of the Office of Housing, $386,677,000, of which at least $9,000,000 shall be for the Office of Risk and Regulatory Affairs. Policy development and research For necessary salaries and expenses of the Office of Policy Development and Research, $22,300,000. Fair housing and equal opportunity For necessary salaries and expenses of the Office of Fair Housing and Equal Opportunity, $69,700,000. Office of lead hazard control and healthy homes For necessary salaries and expenses of the Office of Lead Hazard Control and Healthy Homes, $7,075,000. Public and indian housing Rental Assistance Demonstration For continuing activities under the heading Rental Assistance Demonstration Public Law 112–55 Provided Tenant-based rental assistance For activities and assistance for the provision of tenant-based rental assistance authorized under the United States Housing Act of 1937, as amended ( 42 U.S.C. 1437 et seq. the Act Provided (1) $17,719,000,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act) and including renewal of other special purpose incremental vouchers: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further (2) $130,000,000 shall be for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion of section 23 projects to assistance under section 8, the family unification program under section 8(x) of the Act, relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, HOPE VI and Choice Neighborhood vouchers, mandatory and voluntary conversions, and tenant protection assistance including replacement and relocation assistance or for project-based assistance to prevent the displacement of unassisted elderly tenants currently residing in section 202 properties financed between 1959 and 1974 that are refinanced pursuant to Public Law 106–569 Provided Provided further Provided further Provided further 42 U.S.C. 1437f(t) Provided further Provided further Provided further Public Law 110–329 (3) $1,555,000,000 shall be for administrative and other expenses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to $10,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to administer their section 8 programs, including fees associated with section 8 tenant protection rental assistance, the administration of disaster related vouchers, Veterans Affairs Supportive Housing vouchers, and other special purpose incremental vouchers: Provided Public Law 105–276 Provided further Provided further Provided further (4) $83,160,000 for the renewal of tenant-based assistance contracts under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 Provided (5) $75,000,000 for incremental rental voucher assistance for use through a supported housing program administered in conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 1937: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further (6) The Secretary shall separately track all special purpose vouchers funded under this heading. Housing certificate fund Unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading, the heading Annual Contributions for Assisted Housing Project-Based Rental Assistance Provided Provided further Public housing capital fund For the Public Housing Capital Fund Program to carry out capital and management activities for public housing agencies, as authorized under section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g) (the Act Provided Provided further obligate Provided further Provided further Provided further 42 U.S.C. 5121 et seq. Provided further Provided further 42 U.S.C. 1437z–6 25 U.S.C. 4101 et seq. Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Public housing operating fund For 2015 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(e) Choice neighborhoods initiative For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v Provided Provided further, Provided further, Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Revitalization of Severely Distressed Public Housing (HOPE VI) Family self-sufficiency For the Family Self-Sufficiency program to support family self-sufficiency coordinators under section 23 of the United States Housing Act of 1937, to promote the development of local strategies to coordinate the use of assistance under sections 8(o) and 9 of such Act with public and private resources, and enable eligible families to achieve economic independence and self-sufficiency, $75,000,000, to remain available until September 30, 2016: Provided Provided further Provided further Provided further the Act Provided further Provided further Provided further Native american housing block grants For the Native American Housing Block Grants program, as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) ( 25 U.S.C. 4111 et seq. Provided Provided further 25 U.S.C. 4212 Provided further Provided further Provided further Provided further Native hawaiian housing block grant For the Native Hawaiian Housing Block Grant program, as authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.), $10,000,000, to remain available until September 30, 2019: Provided Indian housing loan guarantee fund program account For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a Provided Provided further Provided further Native hawaiian housing loan guarantee fund program account For the cost of guaranteed loans, as authorized by section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b Provided Provided further Community planning and development Housing opportunities for persons with AIDS For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity Act ( 42 U.S.C. 12901 et seq. Provided Provided further Community development fund For assistance to units of State and local government, and to other entities, for economic and community development activities, and for other purposes, $3,090,000,000, to remain available until September 30, 2017, unless otherwise specified: Provided Act 42 U.S.C. 5301 et seq. Provided further Provided further Provided further Provided further Provided further Provided further Community development loan guarantees program account Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2015, commitments to guarantee loans under section 108 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5308 Provided Home investment partnerships program For the HOME investment partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, $950,000,000, to remain available until September 30, 2018: Provided Provided further Full-Year Continuing Appropriations Act, 2013 Home Investment Partnerships Program; Improving Performance and Accountability; Updating Property Standards Provided further Self-help and assisted homeownership opportunity program For the Self-Help and Assisted Homeownership Opportunity Program, as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996, as amended, $50,000,000, to remain available until September 30, 2017: Provided Provided further 42 U.S.C. 9816 Provided further Homeless assistance grants For the emergency solutions grants program as authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as amended; the continuum of care program as authorized under subtitle C of title IV of such Act; and the rural housing stability assistance program as authorized under subtitle D of title IV of such Act, $2,145,000,000, to remain available until September 30, 2017: Provided Provided further, Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Housing programs Project-based rental assistance For activities and assistance for the provision of project-based subsidy contracts under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. the Act Provided 42 U.S.C. 11401 12 U.S.C. 1701q Provided further 42 U.S.C. 1437(f) Provided further 12 U.S.C. 1715z–1(a) 12 U.S.C. 1701q Public Law 86–372 Public Law 86–372 Provided further Annual Contributions for Assisted Housing Housing Certificate Fund Provided further Provided further Housing for the elderly For amendments to capital advance contracts for housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and for project rental assistance for the elderly under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for senior preservation rental assistance contracts, as authorized by section 811(e) of the American Housing and Economic Opportunity Act of 2000, as amended, and for supportive services associated with the housing, $420,000,000, to remain available until September 30, 2018: Provided Provided further Provided further Provided further Housing for persons with disabilities For amendments to capital advance contracts for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 Provided Provided further Provided further Provided further Housing counseling assistance For contracts, grants, and other assistance excluding loans, as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $49,000,000, to remain available until September 30, 2016, including up to $4,500,000 for administrative contract services: Provided Provided further Rental housing assistance For amendments to contracts under section 101 of the Housing and Urban Development Act of 1965 ( 12 U.S.C. 1701s 12 U.S.C. 1715z–1 Provided Payment to manufactured housing fees trust fund For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5401 et seq. Provided Provided further Provided further Provided further Provided further Federal housing administration Mutual mortgage insurance program account New commitments to guarantee single family loans insured under the Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to remain available until September 30, 2016: Provided Provided further Provided further Provided further Provided further General and special risk program account (including rescission) New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 1735c), shall not exceed $30,000,000,000 in total loan principal, any part of which is to be guaranteed, to remain available until September 30, 2016: Provided Provided further Government national mortgage association Guarantees of mortgage-backed securities loan guarantee program account New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), shall not exceed $500,000,000,000, to remain available until September 30, 2016: Provided Provided further Provided further Policy development and research Research and technology For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z–1 et seq. Provided Provided further Provided further Public Law 109–282 Fair housing and equal opportunity Fair housing activities For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act of 1987, as amended, $66,000,000, to remain available until September 30, 2016, of which $40,600,000 shall be to carry out activities pursuant to such section 561: Provided Provided further Provided further Office of lead hazard control and healthy homes Lead hazard reduction For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, $110,000,000, to remain available until September 30, 2016: Provided Provided further 42 U.S.C. 4321 et seq. Provided further Provided further Provided further Provided further Information Technology fund For the development of, modifications to, and infrastructure for Department-wide and program-specific information technology systems, for the continuing operation and maintenance of both Department-wide and program-specific information systems, and for program-related maintenance activities, $250,000,000, which shall remain available until September 30, 2016: Provided Provided further Provided further Office of inspector general For necessary salaries and expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $129,000,000: Provided Transformation Initiative (including transfer of funds) Of the amounts made available in this Act under each of the following headings under this title, the Secretary may transfer to, and merge with, this account up to 0.5 percent from each such account, and such transferred amounts shall be available until September 30, 2017, for (1) research, evaluation, and program metrics; (2) program demonstrations; and (3) technical assistance and capacity building: Choice Neighborhoods Initiative Community Development Fund Fair Housing Activities Family Self-Sufficiency HOME Investment Partnerships Program Self-Help and Assisted Homeownership Opportunity Program Housing Counseling Assistance Housing for Persons with Disabilities Housing for the Elderly Housing Opportunities for Persons with AIDS Lead Hazard Reduction Mutual Mortgage Insurance Program Account Native American Housing Block Grants Native Hawaiian Housing Block Grant Project-Based Rental Assistance Public Housing Capital Fund Public Housing Operating Fund Rental Assistance Demonstration Rental Housing Assistance Tenant-Based Rental Assistance Provided Provided further Provided further Provided further General provisions—Department of housing and urban development (including transfer of funds) (including rescissions) 201. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 ( 42 U.S.C. 1437 202. None of the amounts made available under this Act may be used during fiscal year 2015 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a nonfrivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction. 203. Sections 203 and 209 of division C of Public Law 112–55 fiscal year 2015 fiscal year 2011 fiscal year 2012 204. Except as otherwise explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989 ( 42 U.S.C. 3545 205. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended ( 12 U.S.C. 1811–1 206. Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress. 207. Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2015 for such corporation or agency except as hereinafter provided: Provided 208. The Secretary of Housing and Urban Development shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request. 209. The President’s formal budget request for fiscal year 2016, as well as the Department of Housing and Urban Development’s congressional budget justifications to be submitted to the Committees on Appropriations of the House of Representatives and the Senate, shall use the identical account and sub-account structure provided under this Act. 210. A public housing agency or such other entity that administers Federal housing assistance for the Housing Authority of the county of Los Angeles, California, and the States of Alaska, Iowa, and Mississippi shall not be required to include a resident of public housing or a recipient of assistance provided under section 8 of the United States Housing Act of 1937 on the board of directors or a similar governing board of such agency or entity as required under section (2)(b) of such Act. Each public housing agency or other entity that administers Federal housing assistance under section 8 for the Housing Authority of the county of Los Angeles, California and the States of Alaska, Iowa and Mississippi that chooses not to include a resident of public housing or a recipient of section 8 assistance on the board of directors or a similar governing board shall establish an advisory board of not less than six residents of public housing or recipients of section 8 assistance to provide advice and comment to the public housing agency or other administering entity on issues related to public housing and section 8. Such advisory board shall meet not less than quarterly. 211. No funds provided under this title may be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 212. (a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years 2015 and 2016, the Secretary of Housing and Urban Development may authorize the transfer of some or all project-based assistance, debt held or insured by the Secretary and statutorily required low-income and very low-income use restrictions if any, associated with one or more multifamily housing project or projects to another multifamily housing project or projects. (b) Phased Transfers Transfers of project-based assistance under this section may be done in phases to accommodate the financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards under subsection (c). (c) The transfer authorized in subsection (a) is subject to the following conditions: (1) Number and bedroom size of Units (A) For occupied units in the transferring project: the number of low-income and very low-income units and the configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to the receiving project or projects and the net dollar amount of Federal assistance provided to the transferring project shall remain the same in the receiving project or projects. (B) For unoccupied units in the transferring project: the Secretary may authorize a reduction in the number of dwelling units in the receiving project or projects to allow for a reconfiguration of bedroom sizes to meet current market demands, as determined by the Secretary and provided there is no increase in the project-based assistance budget authority. (2) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically nonviable. (3) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary. (4) The owner or mortgagor of the transferring project shall notify and consult with the tenants residing in the transferring project and provide a certification of approval by all appropriate local governmental officials. (5) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving project are available for occupancy. (6) The Secretary determines that this transfer is in the best interest of the tenants. (7) If either the transferring project or the receiving project or projects meets the condition specified in subsection (d)(2)(A), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any FHA-insured mortgage lien transferred to, or placed on, such project by the Secretary, except that the Secretary may waive this requirement upon determination that such a waiver is necessary to facilitate the financing of acquisition, construction, and/or rehabilitation of the receiving project or projects. (8) If the transferring project meets the requirements of subsection (d)(2), the owner or mortgagor of the receiving project or projects shall execute and record either a continuation of the existing use agreement or a new use agreement for the project where, in either case, any use restrictions in such agreement are of no lesser duration than the existing use restrictions. (9) The transfer does not increase the cost (as defined in section 502 of the Congressional Budget Act of 1974, as amended) of any FHA-insured mortgage, except to the extent that appropriations are provided in advance for the amount of any such increased cost. (d) For purposes of this section— (1) the terms low-income very low-income (2) the term multifamily housing project (A) housing that is subject to a mortgage insured under the National Housing Act; (B) housing that has project-based assistance attached to the structure including projects undergoing mark to market debt restructuring under the Multifamily Assisted Housing Reform and Affordability Housing Act; (C) housing that is assisted under section 202 of the Housing Act of 1959, as amended by section 801 of the Cranston-Gonzales National Affordable Housing Act; (D) housing that is assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the Cranston-Gonzales National Affordable Housing Act; (E) housing that is assisted under section 811 of the Cranston-Gonzales National Affordable Housing Act; or (F) housing or vacant land that is subject to a use agreement; (3) the term project-based assistance (A) assistance provided under section 8(b) of the United States Housing Act of 1937; (B) assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of such Act (as such section existed immediately before October 1, 1983); (C) rent supplement payments under section 101 of the Housing and Urban Development Act of 1965; (D) interest reduction payments under section 236 and/or additional assistance payments under section 236(f)(2) of the National Housing Act; (E) assistance payments made under section 202(c)(2) of the Housing Act of 1959; and (F) assistance payments made under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act; (4) the term receiving project or projects (5) the term transferring project (6) the term Secretary (e) Public Notice and Research Report (1) The Secretary shall publish by notice in the Federal Register the terms and conditions, including criteria for HUD approval, of transfers pursuant to this section no later than 30 days before the effective date of such notice. (2) The Secretary shall conduct an evaluation of the transfer authority under this section, including the effect of such transfers on the operational efficiency, contract rents, physical and financial conditions, and long-term preservation of the affected properties. 213. (a) No assistance shall be provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (1) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (2) is under 24 years of age; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, as such term is defined in section 3(b)(3)(E) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(3)(E) (7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (b) For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f 20 U.S.C. 1002 214. The funds made available for Native Alaskans under the heading Native American Housing Block Grants 215. Notwithstanding the limitation in the first sentence of section 255(g) of the National Housing Act (12 U.S.C. 1715z–20(g)), the Secretary of Housing and Urban Development may, until September 30, 2015, insure and enter into commitments to insure mortgages under such section 255. 216. Notwithstanding any other provision of law, in fiscal year 2015, in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary of Housing and Urban Development, and during the process of foreclosure on any property with a contract for rental assistance payments under section 8 of the United States Housing Act of 1937 or other Federal programs, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 and other programs that are attached to any dwelling units in the property. To the extent the Secretary determines, in consultation with the tenants and the local government, that such a multifamily property owned or held by the Secretary is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA 217. Section 108 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5308 (1) in subsection (a) by inserting States on behalf of non-entitlement communities, issued by eligible public entities, (2) by striking subsection (k) and inserting the following: (k) The Secretary shall monitor the use by eligible public entities and States of commitment amounts authorized in appropriation Acts for any fiscal year. If the Secretary finds that 50 percent of the annual commitment amount has been committed, the Secretary may impose a limitation on the amount of guarantees any one entity may receive in any fiscal year of $35,000,000 for units of general local government receiving grants under section 106(b) or States receiving grants under section 106(d) and $7,000,000 for units of general local government receiving grants under section 106(d); or request the enactment of legislation increasing the annual commitment authority for guarantees under this section. ; and (3) by striking subsection (m) and inserting the following new subsection: (m) Distribution of funds to local governments in non-entitlement areas Any State receiving a guarantee or commitment on behalf of non-entitlement areas shall distribute all funds that are subject to such guarantee to the units of general local government in non-entitlement areas that received the commitment. . 218. Public housing agencies that own and operate 400 or fewer public housing units may elect to be exempt from any asset management requirement imposed by the Secretary of Housing and Urban Development in connection with the operating fund rule: Provided 219. With respect to the use of amounts provided in this Act and in future Acts for the operation, capital improvement and management of public housing as authorized by sections 9(d) and 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) 42 U.S.C. 1437g(g)(1) Provided 220. No official or employee of the Department of Housing and Urban Development shall be designated as an allotment holder unless the Office of the Chief Financial Officer has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that there is a trained allotment holder for each HUD sub-office under the accounts Executive Offices Administrative Support Offices, Program Office Salaries and Expenses Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account Office of Inspector General 221. The Secretary of Housing and Urban Development shall report annually to the House and Senate Committees on Appropriations on the status of all section 8 project-based housing, including the number of all project-based units by region as well as an analysis of all federally subsidized housing being refinanced under the Mark-to-Market program. The Secretary shall identify all existing units maintained by region as section 8 project-based units, all project-based units that have opted out or have otherwise been eliminated, and the reasons these units opted out or otherwise were lost as section 8 project-based units. 222. The Secretary of the Department of Housing and Urban Development shall, for fiscal year 2015 and subsequent fiscal years, notify the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund administered by the Secretary that is to be competitively awarded. Notwithstanding any other provision of law, for fiscal year 2015 and subsequent fiscal years, the Secretary may make the NOFA available only on the Internet at the appropriate Government Web site or through other electronic media, as determined by the Secretary. 223. Payment of attorney fees in program-related litigation must be paid from the individual program office and Office of General Counsel personnel funding. The annual budget submissions for program offices and Office of General Counsel personnel funding must include program-related litigation costs for attorney fees as a separate line item request. 224. The Secretary of the Department of Housing and Urban Development is authorized to transfer up to 5 percent or $5,000,000, whichever is less, of the funds appropriated for any office funded under the heading Administrative Support Offices Provided Administrative Support Offices Provided further Program Office Salaries and Expenses Provided further Program Office Salaries and Expenses Provided further Administrative Support Offices Program Office Salaries and Expenses 225. The Disaster Housing Assistance Programs, administered by the Department of Housing and Urban Development, shall be considered a program of the Department of Housing and Urban Development 226. (a) The Secretary of Housing and Urban Development shall take the required actions under subsection (b) when a multifamily housing project with a section 8 contract or contract for similar project-based assistance: (1) receives a Real Estate Assessment Center (REAC) score of 30 or less; or (2) receives a REAC score between 31 and 59 and: (A) fails to certify in writing to HUD within 60 days that all deficiencies have been corrected; or (B) receives consecutive scores of less than 60 on REAC inspections. Such requirements shall apply to insured and noninsured projects with assistance attached to the units under section 8 of the united States housing Act of 1937 ( 42 U.S.C. 1437f (b) The Secretary shall take the following required actions as authorized under subsection (a)— (1) The Secretary shall notify the owner and provide an opportunity for response within 30 days. If the violations remain, the Secretary shall develop a Compliance, Disposition and Enforcement Plan within 60 days, with a specified timetable for correcting all deficiencies. The Secretary shall provide notice of the Plan to the owner, tenants, the local government, any mortgagees, and any contract administrator. (2) At the end of the term of the Compliance, Disposition and Enforcement Plan, if the owner fails to fully comply with such plan, the Secretary may require immediate replacement of project management with a management agent approved by the Secretary, and shall take one or more of the following actions, and provide additional notice of those actions to the owner and the parties specified above: (A) impose civil money penalties; (B) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies have been corrected; (C) pursue transfer of the project to an owner, approved by the Secretary under established procedures, which will be obligated to promptly make all required repairs and to accept renewal of the assistance contract as long as such renewal is offered; or (D) seek judicial appointment of a receiver to manage the property and cure all project deficiencies or seek a judicial order of specific performance requiring the owner to cure all project deficiencies. (c) The Secretary shall also take appropriate steps to ensure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety after written notice to and informed consent of the affected tenants and use of other remedies set forth above. To the extent the Secretary determines, in consultation with the tenants and the local government, that the property is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA (1) The enforcement actions being taken to address such conditions, including imposition of civil money penalties and termination of subsidies, and identify properties that have such conditions multiple times; and (2) Actions that the Department of Housing and Urban Development is taking to protect tenants of such identified properties. 227. None of the funds made available by this Act, or any other Act, for purposes authorized under section 8 (only with respect to the tenant-based rental assistance program) and section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. 228. Section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v (1) in subsection (m)(1), by striking fiscal year fiscal year 2015. (2) in subsection (o), by striking September September 30, 2015. 229. Of the amounts made available for salaries and expenses under all accounts under this title (except for the Office of Inspector General account), a total of up to $10,000,000 may be transferred to and merged with amounts made available in the Information Technology Fund 230. None of the funds in this Act may be available for the doctoral dissertation research grant program at the Department of Housing and Urban Development. 231. The language under the heading Rental Assistance Demonstration in the Department of Housing and Urban Development Appropriations Act, 2012 ( Public Law 112–55 (1) by striking (except for funds allocated under such section for single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless Assistance Act) (2) in the second proviso, by striking 2015 2018 (3) in the third proviso, after associated with such conversion in excess of amounts made available under this heading (4) in the fourth proviso, by striking 60,000 185,000 (5) in the penultimate proviso, by— (A) striking December 31, 2014 2016 (B) striking and agreement of the administering public housing agency (C) inserting a long-term project-based subsidy contract under section 8 of the Act, which shall have a term of no less than 20 years, with rent adjustments only by an operating cost factor established by the Secretary, which shall be eligible for renewal under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437f vouchers to assistance under (6) by inserting the following provisos before the final proviso: Provided further Rental Housing Assistance Provided further Provided further Rental Housing Assistance Tenant-Based Rental Assistance Project-Based Rental Assistance Project-Based Rental Assistance (7) in the final proviso, by— (A) striking with respect to the previous proviso with respect to the previous four provisos (B) striking impact of the previous proviso impact of the fiscal year 2012 and 2013 conversion of tenant protection vouchers to assistance under section 8(o)(13) of the Act 232. None of the funds in this Act provided to the Department of Housing and Urban Development may be used to make a grant award unless the Secretary notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project, State, locality, housing authority, tribe, nonprofit organization, or other entity selected to receive a grant award is announced by the Department or its offices. 233. Section 579 of the Multifamily Assisted Housing Reform and Affordability Act (MAHRA) of 1997 (42 U.S.C. 1437f note) is amended by striking October 1, 2015 October 1, 2018 234. Section 9 of the United States Housing Act or 1937 ( 42 U.S.C. 1437g (a) Inserting at the end of subjection (j)— (7) Treatment of Replacement Reserve The requirements of this subsection shall not apply to funds held in replacement reserves established in subsection (9)(n). ; and (b) Inserting at the end of subsection (m)— (n) Establishment of replacement reserves (1) In general Public Housing authorities shall be permitted to establish a Replacement Reserve to fund any of the capital activities listed in subparagraph (d)(1). (2) Source and amount of funds for replacement reserve At any time, a public housing authority may deposit funds from that agency’s Capital Fund into a Replacement Reserve subject to the following: (A) At the discretion of the Secretary, PHAs may be allowed to transfer and hold in a Replacement Reserve, funds originating from additional sources. (B) No minimum transfer of funds to a Replacement Reserve shall be required. (C) At any time, a public housing authority may not hold in a Replacement Reserve more than the amount the public housing authority has determined necessary to satisfy the anticipated capital needs of properties in its portfolio assisted under 42 U.S.C. 1437g as outlined in its Capital Fund 5 Year Action Plan, or a comparable plan, as determined by the Secretary. (D) The Secretary may establish by regulation a maximum replacement reserve level or levels that are below amounts determined under subparagraph (C), which may be based upon the size of the portfolio assisted under 42 U.S.C. 1437g or other factors. (3) In first establishing a replacement reserve, the Secretary may allow public housing agencies to transfer more than 20 percent of its operating funds into its replacement reserve. (4) Expenditure Funds in a Replacement Reserve may be used for purposes authorized by subparagraph (d)(1) and contained in its Capital Fund 5 Year Action Plan. (5) Management and report The Secretary shall establish appropriate accounting and reporting requirements to ensure that public housing agencies are spending funding on eligible projects and that funding in the reserve is connected to capital needs. . 235. Section 9(g)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(g) (1) inserting (A) (2) by striking the period and inserting the following at the end: ; and (3) insert the following new paragraph: (B) Flexibility for operating fund amounts Of any amounts appropriated for fiscal year 2015 or any fiscal year thereafter that are allocated for fiscal year 2015 or any fiscal year thereafter from the Operating Fund for any public housing agency, the agency may use not more than 20 percent for activities that are eligible under subsection (d) for assistance with amounts from the Capital Fund, but only if the public housing plan for the agency provides for such use. . 236. (a) Subsection (b) of section 225 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12755 Such 30-day waiting period is not required if the grounds for the termination or refusal to renew involve a direct threat to the safety of the tenants or employees of the housing, or an imminent and serious threat to the property (and the termination or refusal to renew is in accordance with the requirements of State or local law). (b) Section 104(6) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704 In the case of an organization funded by the State under title II of this Act, the organization may serve all counties within the State. 237. (a) Establishment The Secretary of Housing and Urban Development (referred to in this section as the Secretary (1) the project-based rental assistance program under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (2) the supportive housing for the elderly program under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q (3) the supportive housing for persons with disabilities program under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(d)(2)). (b) Requirements (1) Payments contingent on savings (A) In general The Secretary shall provide to an entity a payment under an agreement under this section only during applicable years for which an energy or water cost savings is achieved with respect to the applicable multifamily portfolio of properties, as determined by the Secretary, in accordance with subparagraph (B). (B) Payment methodology (i) In general Each agreement under this section shall include a pay-for-success provision— (I) that will serve as a payment threshold for the term of the agreement; and (II) pursuant to which the Department of Housing and Urban Development shall share a percentage of the savings at a level determined by the Secretary that is sufficient to cover the administrative costs of carrying out this section. (ii) Limitations A payment made by the Secretary under an agreement under this section shall— (I) be contingent on documented utility savings; and (II) not exceed the utility savings achieved by the date of the payment, and not previously paid, as a result of the improvements made under the agreement. (C) Third party verification Savings payments made by the Secretary under this section shall be based on a measurement and verification protocol that includes at least— (i) establishment of a weather-normalized and occupancy-normalized utility consumption baseline established preretrofit; (ii) annual third party confirmation of actual utility consumption and cost for owner-paid utilities; (iii) annual third party validation of the tenant utility allowances in effect during the applicable year and vacancy rates for each unit type; and (iv) annual third party determination of savings to the Secretary. (2) Term The term of an agreement under this section shall be not longer than 12 years. (3) Entity eligibility The Secretary shall— (A) establish a competitive process for entering into agreements under this section; and (B) enter into such agreements only with entities that demonstrate significant experience relating to— (i) financing and operating properties receiving assistance under a program described in subsection (a); (ii) oversight of energy and water conservation programs, including oversight of contractors; and (iii) raising capital for energy and water conservation improvements from charitable organizations or private investors. (4) Geographical diversity Each agreement entered into under this section shall provide for the inclusion of properties with the greatest feasible regional and State variance. (c) Plan and Reports (1) Plan Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed plan for the implementation of this section. (2) Reports Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall— (A) conduct an evaluation of the program under this section; and (B) submit to Congress a report describing each evaluation conducted under subparagraph (A). (d) Funding For each fiscal year during which an agreement under this section is in effect, the Secretary may use to carry out this section any funds appropriated to the Secretary for the renewal of contracts under a program described in subsection (a). 238. Section 11 of the Housing Opportunity Program Extension Act of 1996 ( 42 U.S.C. 12805 (1) in subsection (b)(1) after new dwellings or the rehabilitation of existing dwellings (2) in subsection (b)(2) after new or rehabilitated (3) in subsection (d)(1) after dwellings or rehabilitating existing dwellings to make them decent, safe and sanitary (4) in subsection (d)(2) by inserting at the end the following new subparagraph: (C) Planning, administration, and management Planning, administration, and management of grant programs and activities, provided that such expenses do not exceed 20 percent of any grant made under this section. ; (5) in subsection (i)(5) by— (A) striking 24 36 (B) striking except that such grant amounts (6) in subsection (j) by— (A) inserting after the heading (1) Redistribution of funds. (B) striking 24 36 (C) striking (or, in the case within 36 months) (D) inserting at the end the following new paragraph: (2) Deadline for completion and conveyance The Secretary shall establish a deadline (which may be extended for good cause as determined by the Secretary) by which time all units that have been assisted with grant funds under this section must be completed and conveyed. . (7) by striking subsection (q). 239. Section 184(h)(1)(B) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(h)(1)(B)) is amended by inserting after the first sentence the following: Exhausting all reasonable possibilities of collection by the holder of the guarantee shall include a good faith consideration of loan modification as well as meeting standards for servicing loans in default, as determined by the Secretary. 240. Section 202 of the National Housing Act (12 U.S.C. 1708) is amended by adding at the end the following new subsection: (i) Administration Notwithstanding any provision of law, and in addition to any other fees charged in connection with the provision of insurance under this title, in each fiscal year the Secretary may charge and collect a fee not to exceed 4 basis points of the original principal balance of mortgages originated by the mortgagee that were insured under this title during the previous fiscal year. Such fee collected from each mortgagee shall be used as offsetting collections for part of the administrative contract expenses funding and any necessary salaries and expenses funding provided under the Mutual Mortgage Insurance Program Account under this title. The Secretary may establish the amount of such fee through regulations, notice, Mortgagee Letter, or other administrative issuance. . 241. Paragraph (1) of section 8(c) of the United States Housing Act of 1937 ( 42 U.S.C. 1437 (1) by inserting (A) (2) by striking the fourth, seventh, eighth, and ninth sentences; and (3) by adding at the end the following: (B) Publication of fair market rentals Not less than annually: (i) The Secretary shall publish a notice in the Federal Register that proposed fair market rentals for an area have been published on the site of the Department on the Internet and in any other manner specified by the Secretary. Such notice shall describe proposed material changes in the methodology for estimating fair market rentals and shall provide reasonable time for public comment. (ii) The Secretary shall publish a notice in the Federal Register that final fair market rentals have been published on the site of the Department on the internet and in any other manner specified by the Secretary. Such notice shall include the final decisions regarding proposed substantial methodological changes for estimating fair market rentals and responses to public comments. . 242. Of the unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under the heading “Brownfields Redevelopment”, $2,913,000 is hereby permanently rescinded: Provided Rural Housing and Economic Development Provided further Drug Elimination Grants for Low Income Housing Provided further 243. Such sums as may be necessary to implement the Homeowners Armed With Knowledge pilot shall be absorbed within the levels appropriated in this act. 244. Section 106 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x (j) Financial assistance For purposes of this section, the Secretary may enter into multiyear agreements as is appropriate, subject to the availability of annual appropriations. . 245. Section 526 ( 12 U.S.C. 1735f–4 (c) The Secretary may establish an exception to any minimum property standard established under this section in order to address alternative water systems, including cisterns, which meet requirements of State and local building codes that ensure health and safety standards. 246. Notwithstanding section 106(c)(4) of the Housing and Community Development Act of 1974, the Secretary additionally shall provide assistance pursuant to such section to any State for use by any nonentitlement area of any such State in which there was a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act in 2014: Provided This title may be cited as the Department of Housing and Urban Development Appropriations Act, 2015 III Related agencies Access board Salaries and expenses For expenses necessary for the Access Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $7,548,000: Provided Federal maritime commission Salaries and expenses For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended ( 46 U.S.C. 307 31 U.S.C. 1343(b) 5 U.S.C. 5901–5902 Provided Provided further National railroad passenger corporation Office of Inspector General salaries and expenses For necessary expenses of the Office of Inspector General for the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978, as amended, $23,499,000: Provided 5 U.S.C. App. 3 18 U.S.C. 1001 Provided further Provided further Provided further National transportation safety board Salaries and expenses For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109 5 U.S.C. 5901–5902 Neighborhood reinvestment corporation Payment to the neighborhood reinvestment corporation For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–8107), $136,600,000, of which $5,000,000 shall be for a multi-family rental housing program: Provided (1) The Neighborhood Reinvestment Corporation ( NRC (2) Mortgage foreclosure mitigation assistance shall only be made available to homeowners of owner-occupied homes with mortgages in default or in danger of default. These mortgages shall likely be subject to a foreclosure action and homeowners will be provided such assistance that shall consist of activities that are likely to prevent foreclosures and result in the long-term affordability of the mortgage retained pursuant to such activity or another positive outcome for the homeowner. No funds made available under this paragraph may be provided directly to lenders or homeowners to discharge outstanding mortgage balances or for any other direct debt reduction payments. (3) The use of mortgage foreclosure mitigation assistance by approved counseling intermediaries and State Housing Finance Agencies shall involve a reasonable analysis of the borrower's financial situation, an evaluation of the current value of the property that is subject to the mortgage, counseling regarding the assumption of the mortgage by another non-Federal party, counseling regarding the possible purchase of the mortgage by a non-Federal third party, counseling and advice of all likely restructuring and refinancing strategies or the approval of a work-out strategy by all interested parties. (4) NRC may provide up to 15 percent of the total funds under this paragraph to its own charter members with expertise in foreclosure prevention counseling, subject to a certification by the NRC that the procedures for selection do not consist of any procedures or activities that could be construed as a conflict of interest or have the appearance of impropriety. (5) HUD-approved counseling entities and State Housing Finance Agencies receiving funds under this paragraph shall have demonstrated experience in successfully working with financial institutions as well as borrowers facing default, delinquency, and foreclosure, as well as documented counseling capacity, outreach capacity, past successful performance and positive outcomes with documented counseling plans (including post mortgage foreclosure mitigation counseling), loan workout agreements, and loan modification agreements. NRC may use other criteria to demonstrate capacity in underserved areas. (6) Of the total amount made available under this paragraph, up to $2,500,000 may be made available to build the mortgage foreclosure and default mitigation counseling capacity of counseling intermediaries through NRC training courses with HUD-approved counseling intermediaries and their partners, except that private financial institutions that participate in NRC training shall pay market rates for such training. (7) Of the total amount made available under this paragraph, up to 5 percent may be used for associated administrative expenses for the NRC to carry out activities provided under this section. (8) Mortgage foreclosure mitigation assistance grants may include a budget for outreach and advertising, and training, as determined by the NRC. (9) The NRC shall continue to report bi-annually to the House and Senate Committees on Appropriations as well as the Senate Banking Committee and House Financial Services Committee on its efforts to mitigate mortgage default. United states interagency council on homelessness Operating expenses For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants under section 3109 of title 5, United States Code) of the United States Interagency Council on Homelessness in carrying out the functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended, $3,530,000. Title II of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11319 level V level IV IV General provisions—this act 401. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 402. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 403. The expenditure of any appropriation under this Act for any consulting service through a procurement contract pursuant to section 3109 404. (a) None of the funds made available in this Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. 405. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement accompanying this Act, whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropriations: Provided Provided further (A) a table for each appropriation with a separate column to display the prior year enacted level, the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (B) a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and (C) an identification of items of special congressional interest: Provided further 406. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2015 from appropriations made available for salaries and expenses for fiscal year 2015 in this Act, shall remain available through September 30, 2016, for each such account for the purposes authorized: Provided Provided further 407. No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided Provided further Public Law 107–118 408. All Federal agencies and departments that are funded under this Act shall issue a report to the House and Senate Committees on Appropriations on all sole-source contracts in effect during the preceding fiscal year by no later than March 30, 2015. Such report shall include the contractor, the amount of the contract and the rationale for using a sole-source contract. 409. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 410. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his or her period of active military or naval service, and has within 90 days after his or her release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his or her former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his or her former position and has not been restored thereto. 411. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Buy American Act ( 41 U.S.C. 10a–10c 412. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act (41 U.S.C. 10a–10c). 413. None of the funds made available in this Act may be used for first-class airline accommodations in contravention of sections 301–10.122 301–10.123 414. None of the funds made available under this Act or any prior Act may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. 415. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 416. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 417. It is the sense of the Congress that the Congress should not pass any legislation that authorizes spending cuts that would increase poverty in the United States. 418. All agencies and departments funded by the Act shall send to Congress at the end of the fiscal year a report containing a complete inventory of the total number of vehicles owned, leased, permanently retired, and purchased during fiscal year 2015, as well as the total cost of the vehicle fleet, including maintenance, fuel, storage, purchasing, and leasing. 419. None of the funds made available by this Act may be used to pay for the painting of a portrait of an officer or employee of the Federal Government, including the head of an Executive branch agency, as defined in section 133 420. (a) The head of any Executive branch department, agency, board, commission, or office funded by this Act shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such department, agency, board, commission, or office during fiscal year 2015 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days of the date of a conference held by any Executive branch department, agency, board, commission, or office funded by this Act during fiscal year 2015 for which the cost to the United States Government was more than $20,000, the head of any such department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending such conference. (d) A grant or contract funded by amounts appropriated by this Act to an Executive branch agency may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012. 421. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of a single agency or department of the United States Government, who are stationed in the United States, at any single international conference unless the relevant Secretary reports to the Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided international conference 422. (a) Notwithstanding any other provision of this Act and except as provided in subsection (b), any report required to be submitted by a Federal agency to the Committee on Appropriations of the Senate or the Committee on Appropriations of the House of Representatives under this Act shall be posted on the public Web site of that agency 30 days following its receipt by the committee. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. 423. Each department funded by this Act shall submit a report by March 1st providing a detailed summary of advertising by the department in the prior fiscal year, including the total amount spent. The report shall also include: (1) a description of the purpose and intent of the advertising (such as promoting awareness of a program, promoting services or participation, or public relations to improve the attitudes about a program or agency); (2) a breakdown of the costs of advertising by medium, including on-line (with a specific total for social media), brochures, billboards, sponsorships (including the list of all sponsorships), television, mail, and newspaper; and (3) the cost of development, production, and staffing, including the amount spent on the salaries of department employees and payments to contractors and consultants. 424. None of the funds made available in this Act may be used to make bonus awards to contractors for work on projects that are behind schedule or over budget. 425. None of the funds in this Act may be used for premium travel by an agency that did not provide a report on premium travel to GSA in the prior fiscal year. 426. Each department funded by this Act shall submit a report by March 2, 2015, detailing its efforts to address the duplication identified in the annual reports on duplication issued by the Government Accountability Office, along with legal barriers preventing the department’s ability to further reduce duplication. 427. None of the funds made available in this Act may be used to purchase a light bulb for an office building unless the light bulb has, to the extent practicable, an Energy Star or Federal Energy Management Program designation. 428. Any Federal agency or department that is funded under this Act shall respond to any recommendation made to such agency or department by the Government Accountability Office in a timely manner. This Act may be cited as the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2015 June 5, 2014 Read twice and placed on the calendar

Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2015

NSA Internal Watchdog Act - Amends the Inspector General Act of 1978 to require the President to appoint, with advice and consent of the Senate, the Inspector General of the National Security Agency (NSA). (Currently, the NSA Inspector General is appointed by the NSA Director.) Directs the Inspector General to include in an annual report to Congress a review of the mechanisms for NSA employees or contractors to submit complaints. Establishes a General Counsel to the NSA Inspector General, to be appointed by the Inspector General. Authorizes the Inspector General, after providing the Attorney General (DOJ) with seven days' advance notice, to subpoena the attendance and testimony of former NSA employees or NSA contractors, former contractors, or former detailees. Requires the Inspector General to provide Congress with an evaluation of any notice or statement of reasons the Inspector General receives from the Secretary of Defense (DOD) regarding the Secretary's exercise of authority in the interest of national security to prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation. Directs the Inspector General, in carrying out any audit or investigation of a surveillance or data collection program, to assess the impact of such program on civil rights and liberties. Requires the Inspector General's reports to Congress to be made available to all Members of Congress. Directs the Inspector General to audit and report to Congress regarding the effectiveness and use (including improper or illegal use) of NSA surveillance and data collection programs, including programs under the Foreign Intelligence Surveillance Act of 1978 (FISA) that authorize: (1) the Federal Bureau of Investigation (FBI) to submit applications to the FISA court for an order requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items); and (2) the Attorney General and the Director of National Intelligence (DNI), with the approval of the FISA court or under exigent circumstances, to authorize the targeting of persons located outside the United States. Requires such audit to address: (1) the interactions between the NSA and the FISA court, and (2) the process for conducting background investigations of persons for NSA employment or for receiving access to classified information.

113 S2439 IS: NSA Internal Watchdog Act U.S. Senate 2014-06-05 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. 2439 IN THE SENATE OF THE UNITED STATES June 5, 2014 Mrs. McCaskill Mr. Coats Ms. Mikulski Mr. Tester Ms. Collins A BILL To amend the Inspector General Act of 1978 to provide for the Inspector General of the National Security Agency to be appointed by the President, by and with the advice and consent of the Senate, and for other purposes. 1. Short title This Act may be cited as the NSA Internal Watchdog Act 2. Inspector General of the National Security Agency (a) Elevation of Inspector General status The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G(a)(2), by striking the National Security Agency, (2) in section 12— (A) in paragraph (1), by inserting the Director of the National Security Agency; Export-Import Bank; (B) in paragraph (2), by inserting the National Security Agency, the National Aeronautics and Space Administration, (b) Date of appointment Not later than 90 days after the date of the enactment of this Act, the President shall nominate a person for appointment, by and with the advice and consent of the Senate, as Inspector General of the National Security Agency under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by subsection (a). (c) Transition rule An individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act pursuant to an appointment made under section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)— (1) may continue so serving until the President makes an appointment under section 3(a) of such Act with respect to the National Security Agency consistent with the amendments made by subsection (a); and (2) shall, while serving under paragraph (1), remain subject to the provisions of section 8G of such Act that, immediately before the date of the enactment of this Act, applied with respect to the Inspector General of the National Security Agency and suffer no reduction in pay. 3. Annual review of mechanisms for reporting employee or contractor complaints Section 8H(g)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new subparagraph: (E) In the case of the Inspector General of the National Security Agency, a review of the mechanisms for submitting complaints that are available to an employee of or contractor to the National Security Agency and any recommendations of the Inspector General for improving such mechanisms. . 4. Special provisions concerning the National Security Agency The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section: 8K. Special provisions concerning the National Security Agency (a) General counsel to the Inspector General (1) In general There is a General Counsel to the Inspector General of the National Security Agency, who shall be appointed by the Inspector General of the National Security Agency. (2) Duties The General Counsel to the Inspector General of the National Security Agency shall— (A) serve as the chief legal officer of the Office of the Inspector General of the National Security Agency; (B) provide legal services only to the Inspector General of the National Security Agency; (C) perform such functions as the Inspector General may prescribe; and (D) serve at the discretion of the Inspector General. (3) Office of the General Counsel There is an Office of the General Counsel to the Inspector General of the National Security Agency. The Inspector General may appoint to the Office to serve as staff of the General Counsel such legal counsel as the Inspector General considers appropriate. (b) Testimony (1) Authority to compel The Inspector General of the National Security Agency is authorized to require by subpoena the attendance and testimony of former employees of the National Security Agency or contractors, former contractors, or former detailees to the National Security Agency as necessary in the performance of functions assigned to the Inspector General by this Act. (2) Refusal to obey A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. (3) Notification The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under this section. (c) Prohibitions on investigations for national security reasons (1) Evaluations of prohibitions Not later than 7 days after the date on which the Inspector General of the National Security Agency receives notice or a statement under section 8G(d)(2)(C) of the reasons the Secretary of Defense is prohibiting the Inspector General from initiating, carrying out, or completing any audit or investigation, the Inspector General shall submit to the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives and the Select Committee on Intelligence and the Committee on Armed Services of the Senate an evaluation of such notice or such statement. (2) Inclusion in semi-annual report The Inspector General shall include in the semiannual report prepared by the Inspector General in accordance with section 5(a) a description of the instances in which the Secretary of Defense prohibited the Inspector General from initiating, carrying out, or completing any audit or investigation during the period covered by such report. (d) Standard for audits and investigations In carrying out any audit or investigation of a surveillance or data collection program, the Inspector General shall— (1) assess the impact of such program on civil rights and civil liberties; (2) assess the effectiveness and use, including any improper or illegal use, of such program; and (3) make any recommendations the Inspector General considers appropriate to improve the protection of civil rights and civil liberties in the operation of such program. (e) Availability of reports (1) Availability Each report to Congress or a committee of Congress by the Inspector General shall be made available to all Members of Congress. (2) Member of Congress defined In this subsection, the term Member of Congress . 5. Audit of surveillance programs and background investigations (a) Audit The Inspector General of the National Security Agency appointed under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by section 2(a) of this Act shall perform a comprehensive audit of— (1) the effectiveness and use, including improper or illegal use, of surveillance and data collection programs of the National Security Agency, including programs conducted pursuant to sections 501 and 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 and 1881a); (2) the interactions between the National Security Agency and the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)), including the accuracy of the information provided to such court by the Agency and the compliance of the Agency with orders of such court; and (3) the process for conducting background investigations of persons for purposes of employment or potential employment by the National Security Agency or for receiving access to classified information. (b) Report Not later than 180 days after the date on which the Inspector General of the National Security Agency is appointed under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by section 2(a) of this Act, the Inspector General of the National Security Agency shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under subsection (a). (c) Rule of construction Nothing in this section shall be construed to alter the responsibility of the Inspector General of the National Security Agency to conduct audits or investigations of the surveillance programs of the National Security Agency and the background investigation process for employment or access to classified information on an ongoing basis in accordance with the Inspector General Act of 1978 (5 U.S.C. App.).

NSA Internal Watchdog Act

BLM Permit Processing Improvement Act of 2014 - Amends the Energy Policy Act of 2005 to make the Federal Permit Streamlining Project program permanent. Amends the Mineral Leasing Act to direct the Secretary of the Interior to collect for each of FY2016-FY2026 a fee of $9,500 for each new application for a drilling permit. Allocates specified percentages of such fees to: (1) the field offices that collected the fees used to process protests, leases, and permits; and (2) the BLM Permit Processing Improvement Fund, now divided into a Rental Account and a Fee Account. Prohibits the Secretary, during FY2016-FY2026, from implementing a rulemaking that would enable an increase in fees to recover additional costs related to processing applications for drilling permits. Makes the Fund available to the Secretary for expenditure for the coordination and processing of oil and gas use authorizations on Indian trust mineral estate land (as well as onshore federal land, as under current law). Directs the Secretary to use: (1) the Rental Account and the Fee Account for this coordination and processing of oil and gas use authorizations, and (2) the Rental Account also for training for development of expertise related to coordinating and processing these authorizations. Amends the Federal Oil and Gas Royalty Management Act of 1982 to make the rate of interest allowed and paid or credited for any royalty overpayment equal to the sum of the federal short-term rate plus one percentage point.

113 S2440 ES: BLM Permit Processing Improvement Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 2440 IN THE SENATE OF THE UNITED STATES AN ACT To expand and extend the program to improve permit coordination by the Bureau of Land Management, and for other purposes. 1. Short title This Act may be cited as the BLM Permit Processing Improvement Act of 2014 2. Program to improve Federal permit coordination Section 365 of the Energy Policy Act of 2005 ( 42 U.S.C. 15924 (1) in the section heading, by striking Pilot (2) by striking Pilot Project Project (3) in subsection (b)(2), by striking Wyoming, Montana, Colorado, Utah, and New Mexico the States in which Project offices are located (4) in subsection (d)— (A) in the subsection heading, by striking Pilot (B) by adding at the end the following: (8) Any other State, district, or field office of the Bureau of Land Management determined by the Secretary. ; (5) by striking subsection (e) and inserting the following: (e) Report to Congress Not later than February 1 of the first fiscal year beginning after the date of enactment of the BLM Permit Processing Improvement Act of 2014 (1) the allocation of funds to each Project office for the previous fiscal year; and (2) the accomplishments of each Project office relating to the coordination and processing of oil and gas use authorizations during that fiscal year. ; (6) in subsection (h), by striking paragraph (6) and inserting the following: (6) the States in which Project offices are located. ; (7) by striking subsection (i); and (8) by redesignating subsection (j) as subsection (i). 3. BLM oil and gas permit processing fee Section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 (d) BLM oil and gas permit processing fee (1) In general Notwithstanding any other provision of law, for each of fiscal years 2016 through 2026, the Secretary, acting through the Director of the Bureau of Land Management, shall collect a fee for each new application for a permit to drill that is submitted to the Secretary. (2) Amount The amount of the fee shall be $9,500 for each new application, as indexed for United States dollar inflation from October 1, 2015 (as measured by the Consumer Price Index). (3) Use Of the fees collected under this subsection for a fiscal year, the Secretary shall transfer— (A) for each of fiscal years 2016 through 2019— (i) 15 percent to the field offices that collected the fees and used to process protests, leases, and permits under this Act, subject to appropriation; and (ii) 85 percent to the BLM Permit Processing Improvement Fund established under subsection (c)(2)(B) (referred to in this subsection as the Fund (B) for each of fiscal years 2020 through 2026, all of the fees to the Fund. (4) Additional costs During each of fiscal years of 2016 through 2026, the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing applications for permits to drill. . 4. BLM Permit Processing Improvement Fund (a) In general Section 35(c) of the Mineral Leasing Act ( 30 U.S.C. 191(c) (3) Use of Fund (A) In general The Fund shall be available to the Secretary of the Interior for expenditure, without further appropriation and without fiscal year limitation, for the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land. (B) Accounts The Secretary shall divide the Fund into— (i) a Rental Account (referred to in this subsection as the Rental Account (ii) a Fee Account (referred to in this subsection as the Fee Account (4) Rental Account (A) In general The Secretary shall use the Rental Account for— (i) the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land under the jurisdiction of the Project offices identified under section 365(d) of the Energy Policy Act of 2005 ( 42 U.S.C. 15924(d) (ii) training programs for development of expertise related to coordinating and processing oil and gas use authorizations. (B) Allocation In determining the allocation of the Rental Account among Project offices for a fiscal year, the Secretary shall consider— (i) the number of applications for permit to drill received in a Project office during the previous fiscal year; (ii) the backlog of applications described in clause (i) in a Project office; (iii) publicly available industry forecasts for development of oil and gas resources under the jurisdiction of a Project office; and (iv) any opportunities for partnership with local industry organizations and educational institutions in developing training programs to facilitate the coordination and processing of oil and gas use authorizations. (5) Fee Account (A) In general The Secretary shall use the Fee Account for the coordination and processing of oil and gas use authorizations on onshore Federal and Indian trust mineral estate land. (B) Allocation The Secretary shall transfer not less than 75 percent of the revenues collected by an office for the processing of applications for permits to the State office of the State in which the fees were collected. . (b) Interest on overpayment adjustment Section 111(h) of the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1721(h) the rate a rate equal to the sum of the Federal short-term rate determined under section 6621(b) of the Internal Revenue Code of 1986 plus 1 percentage point. 5. Budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation Passed the Senate September 16, 2014. Secretary

BLM Permit Processing Improvement Act of 2014

Equity in Law Enforcement Act of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) expand the definition of "public service officer," for purposes of provisions concerning public safety officer death benefits, to include a law enforcement officer serving a private institution of higher education in an official capacity, or a rail police officer employed by a rail carrier, who is sworn, licensed, or certified under the laws of a state for the purposes of law enforcement (applicable to a personal injury sustained in the line of duty by a public safety officer on or after April 15, 2013); (2) authorize the Director of the Bureau of Justice Assistance to make grants to such institutions and carriers for the purchase of armor vests for such officers; and (3) include such institutions and carriers among entities eligible for contracts or subawards under the Edward Byrne Memorial Justice Assistance Grant Program.

113 S2441 IS: Equity in Law Enforcement Act of 2014 U.S. Senate 2014-06-05 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. 2441 IN THE SENATE OF THE UNITED STATES June 5, 2014 Mr. Reed Ms. Ayotte Mr. Leahy Mr. Markey Mr. Whitehouse Committee on the Judiciary A BILL To extend the same Federal benefits to law enforcement officers serving private institutions of higher education and rail carriers that apply to law enforcement officers serving units of State and local government. 1. Short title This Act may be cited as the Equity in Law Enforcement Act of 2014 2. Line-of-duty death and disability benefits (a) Amendments Section 1204(9) Omnibus Crime Control and Safe Streets Act of 1968 42 U.S.C. 3796b(9) (1) in subparagraph (C), by striking or (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (E) an individual who is— (i) serving a private institution of higher education in an official capacity, with or without compensation, as a law enforcement officer; and (ii) sworn, licensed, or certified under the laws of a State for the purposes of law enforcement (and trained to meet the training standards for law enforcement officers established by the relevant governmental appointing authority); or (F) a rail police officer who is— (i) employed by a rail carrier; and (ii) sworn, licensed, or certified under the laws of a State for the purposes of law enforcement (and trained to meet the training standards for law enforcement officers established by the relevant governmental appointing authority). . (b) Applicability of amendments The amendments made by this section shall apply to a personal injury sustained in the line of duty by an individual described in subparagraph (E) or (F) of section 1204(9) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 42 U.S.C. 3796b(9) 3. Law enforcement armor vests (a) Grant Program Section 2501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 42 U.S.C. 3796ll (1) in subsection (a)— (A) by striking and Indian tribes Indian tribes, private institutions of higher education, and rail carriers (B) by inserting before the period the following: and law enforcement officers serving private institutions of higher education and rail carriers who are sworn, licensed, or certified under the laws of a State for the purposes of law enforcement (and trained to meet the training standards for law enforcement officers established by the relevant governmental appointing authority) (2) in subsection (b)(1), by striking or Indian tribe Indian tribe, private institution of higher education, or rail carrier (3) in subsection (e), by striking or Indian tribe Indian tribe, private institution of higher education, or rail carrier (b) Applications Section 2502 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 42 U.S.C. 3796ll–1 (1) in subsection (a), by striking or Indian tribe Indian tribe, private institution of higher education, or rail carrier (2) in subsection (b), by striking and Indian tribes Indian tribes, private institutions of higher education, and rail carriers (c) Definitions Section 2503(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 42 U.S.C. 3796ll–2(6) or Indian tribe Indian tribe, private institution of higher education, or rail carrier 4. Byrne grants Section 501(b)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 42 U.S.C. 3751(b)(2) units of local government , private institutions of higher education, and rail carriers

Equity in Law Enforcement Act of 2014

Rape Survivor Child Custody Act - Directs the Attorney General to make grants to states that have in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court shall grant upon clear and convincing evidence of rape. Limits such a grant to: (1) an amount that is not greater than 10% of the average of the total funding of the 3 most recent awards a state received under the STOP Violence Against Women Formula Grant Program and the Sexual Assault Services Program; and (2) a 1-year term, subject to renewal for not more than 3 additional years. Requires a state that receives such a grant to use: (1) 25% of grant funds for permissible uses under the STOP Violence Against Women Formula Grant Program, and (2) 75% of funds for permissible uses under the Sexual Assault Services Program.

113 S2443 IS: Rape Survivor Child Custody Act U.S. Senate 2014-06-05 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. 2443 IN THE SENATE OF THE UNITED STATES June 5, 2014 Mr. Brown Ms. Ayotte Ms. Landrieu Mrs. Gillibrand Ms. Baldwin Mrs. Shaheen Mr. Nelson Committee on the Judiciary A BILL To direct the Attorney General to make grants to States that have in place laws that terminate the parental rights of men who father children through rape. 1. Short title This Act may be cited as the Rape Survivor Child Custody Act 2. Findings Congress finds the following: (1) Men who father children through rape should be prohibited from visiting or having custody of those children. (2) Thousands of rape-related pregnancies occur annually in the United States. (3) A substantial number of women choose to raise their child conceived through rape and, as a result, may face custody battles with their rapists. (4) Rape is one of the most under-prosecuted serious crimes, with estimates of criminal conviction occurring in less than 5 percent of rapes. (5) The clear and convincing evidence standard is the most common standard for termination of parental rights among the 50 States, territories, and the District of Columbia. (6) The Supreme Court established that the clear and convincing evidence standard satisfies due process for allegations to terminate or restrict parental rights in Santosky v. Kramer (455 U.S. 745 (1982)). (7) Currently only 6 States have statutes allowing rape survivors to petition for the termination of parental rights of the rapist based on clear and convincing evidence that the child was conceived through rape. (8) A rapist pursuing parental or custody rights causes the survivor to have continued interaction with the rapist, which can have traumatic psychological effects on the survivor, and can make it more difficult for her to recover. (9) These traumatic effects on the mother can severely negatively impact her ability to raise a healthy child. (10) Rapists may use the threat of pursuing custody or parental rights to coerce survivors into not prosecuting rape, or otherwise harass, intimidate, or manipulate them. 3. Grants authorized The Attorney General shall make grants to States that have in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court shall grant upon clear and convincing evidence of rape. 4. Application A State seeking a grant under this Act shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in section 3. 5. Grant amount The amount of a grant to a State under this Act shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State received under the following grant programs: (1) Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) (commonly referred to as the STOP Violence Against Women Formula Grant Program (2) Section 41601 of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043g Sexual Assault Services Program 6. Grant term (a) In general The term of a grant under this Act shall be for one year. (b) Renewal A State that receives a grant under this Act may submit an application for a renewal of such grant at such time, in such manner, and containing such information as the Attorney General may reasonably require. (c) Limit A State may not receive a grant under this Act for more than 4 years. 7. Uses of funds A State that receives a grant under this section shall use— (1) 25 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (1) of section 5; and (2) 75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of section 5. 8. Termination defined (a) In general In this Act, the term termination (b) Rule of construction Nothing in this section shall be construed to require a State, in order to receive a grant under this Act, to have in place a law that terminates any obligation of a person who fathered a child through rape to support the child. 9. Authorization of appropriations There is authorized to be appropriated $5,000,000 for each of fiscal years 2014 through 2018.

Rape Survivor Child Custody Act

(This measure has not been amended since it was passed by the Senate on December 10, 2014. The summary of that version is repeated here.) Howard Coble Coast Guard and Maritime Transportation Act of 2014 - Title I: Authorization - (Sec. 101) Authorizes FY2015 appropriations for the Coast Guard for: operation and maintenance; the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; the Coast Guard Reserve program; environmental compliance and restoration of Coast Guard vessels, aircraft, and facilities; research, development, test, and evaluation of technologies, materials, and human factors related to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness; and alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Alteration of Bridges Program. (Sec. 102) Authorizes for FY2015 end-of-year strength for active duty personnel of 43,000 and military training student loads. Title II: Coast Guard - (Sec. 201) Reduces from 7,200 to 6,000 the number of commissioned officers on the active duty promotion list, subject to current exceptions. (Sec. 202) Designates the date on which the term for the Commandant of the Coast Guard begins and ends. (Sec. 203) Identifies the skills and qualifications necessary for a career as a waterways operations manager or a facility safety and security specialist. (Sec. 204) Authorizes the Coast Guard’s centers of expertise for prevention and response to conduct experiments and investigate plans, devices, and inventions relating to the performance of Coast Guard functions. (Sec. 205) Increases the amount of certain fines and penalties for tampering with aids to navigation and making false distress calls. (Sec. 206) Authorizes the Coast Guard to enter into cooperative agreements with public and private entities and foreign nations for conducting experiments and investigating plans, devices, and inventions relating to the performance of Coast Guard functions. Authorizes the Coast Guard to impose and collect a fee from those entities for expenses incurred in carrying out the agreements. (Sec. 208) Permits proceeds received from the lease of lighthouse properties under the Coast Guard’s administrative control to be deposited in the Coast Guard Housing Fund for the construction and renovation of servicemember housing. (Currently, the proceeds are deposited in the Treasury.) (Sec. 209) Authorizes the Coast Guard to lease submerged lands and tidelands under its control for periods longer than five years. (Sec. 210) Requires the Coast Guard to provide notification to the public, governors of affected states, and Congress 90 days in advance of a determination that a waterway is subject to Coast Guard jurisdiction. (Sec. 211) Modifies the membership and duties of the Board of Visitors to the Coast Guard Academy. Establishes the terms for Academy members. Directs the Board to report to the Department of Homeland Security (DHS) and Congress after each annual Academy visit. (Sec. 212) Authorizes DHS to retire Coast Guard flag officers without the review of the Department of Defense (DOD) unless the Coast Guard is operating as a service in the Navy. (Sec. 213) Repeals a limitation on issuing more than one medal of honor to any one person. (Sec. 214) Authorizes the Coast Guard to: establish an office for developing, promulgating, and coordinating policies, programs, and activities related to Coast Guard members’ families; provide tuition assistance to eligible spouses of servicemembers; and establish within any Coast Guard unit an initiative to help servicemembers’ children integrate into new surroundings. Requires the Coast Guard to direct each of its child development centers to meet standards that ensure the health, safety, and welfare of the centers’ children and employees and employee training requirements. Directs the Coast Guard to require that each center has a board of parents of children attending the center. Authorizes the Coast Guard to establish a parent participation initiative at each center. Expresses the sense of Congress that the amount of funds appropriated for operating expenses related to Coast Guard child development services should not be less than the amount of the child development center fee receipts estimated to be collected by the Coast Guard. (Sec. 215) Requires the Coast Guard to submit to Congress an integrated major acquisition mission need statement on the date the President submits a budget for FY2016, FY2019 and every four years thereafter. Requires the statement to: (1) identify current and projected gaps in Coast Guard mission capabilities, (2) explain how each major acquisition program (an ongoing acquisition with a cost estimate of at least $300 million) addresses the gaps if funded at the levels provided for the program in the Coast Guard’s most recently submitted capital investment plan, and (3) describe the missions the Coast Guard will not be able to achieve for each gap. (Sec. 216) Requires DHS to submit each fiscal year a Coast Guard authorization request that recommends end strengths for personnel and authorizations of appropriations. (Sec. 217) Requires the Coast Guard to: (1) establish, maintain, and update an inventory of property under its control, including submerged lands; (2) assess the condition of each property; and (3) make recommendations on divesting and consolidating any of those properties to Congress every five years. (Sec. 219) Modifies the limitation on the number of days within a specified period that an organized training unit or member of the Coast Guard Ready Reserve may be ordered to serve in active duty for an emergency augmentation of regular forces. (Sec. 220) Extends through FY2017 the Coast Guards authority to hire acquisition workforce on an expedited basis. (Sec. 221) Revises, repeals, and consolidates various reporting requirements. (Sec. 223) Authorizes DHS to enter into multiyear contracts for the procurement of Offshore Patrol Cutters (vessels that are 65 feet or greater) and associated equipment. (Sec. 224) Directs DHS to submit to Congress a schedule and plan for enhancing the maintenance or extending the service life of medium endurance cutter mission capability. (Sec. 225) Authorizes DHS to request and accept a miltary-to-military transfer and conversion of H-60 helicopters for year round use in the Coast Guard’s Ninth District (the Great Lakes region). Prohibits the Coast Guard from: (1) closing an air facility that was in operation on November 30, 2014; or (2) retiring, transfering, relocating, or deploying an aviation asset from those air facility for the purpose of closing such facility. Terminates this prohibition on January 1, 2016. (Sec. 226) Requires the Coast Guard to report on any gaps that exist in writing on the history of the Coast Guard. (Sec. 227) Requires the Coast Guard to assess the Coast Guard’s officer evaluation reporting system. (Sec. 228) Requires DHS to establish a process that allows an operator of a nonfederal vessel traffic information service to use the automatic identification system to transmit weather, ice, and important navigation safety information to vessels. (Sec. 229) Prohibits DHS from dismantling or disposing of infrastructure that supported the former LORAN system (long range radio aid to navigation system) until the later of: (1) one year after this Act’s enactment; or (2) the date on which DHS notifies Congress that the infrastructure is not required to provide a positioning, navigation, and timing system as a redundant capability in the event Global Positioning System signals are disrupted. Provides an exception for activities necessary for the safety of human life. Permits DHS to enter agreements with entities to develop another system to provide such redundant capability, including an enhanced LORAN system. (Sec. 230) Requires the Coast Guard to analyze and report on any deficiencies that exist in Coast Guard resources with respect to maritime border security in the Great Lakes, the coastal areas in the Southeast and Southwest, and the Western Hemisphere Drug Transit Zone. (Sec. 231) Requires DHS to report on efforts to modernize the National Distress and Response System in the Rescue 21 project in Alaska and in Coast Guard sectors of the Upper Mississippi River, Lower Mississippi River, and Ohio River Valley. (Sec. 232) Requires the Coast Guard to outline and report on a course of action to reconcile general maintenance priorities for cutters with operations priorities on the Missouri River. (Sec. 233) Requires the Coast Guard to assess and report on the Maritime Search and Rescue Assistance policy as it related to state and local responders. Title III: Shipping and Navigation - (Sec. 301) Repeals a requirement that the Department of Commerce promote the development and use of mobile trade fairs to show and sell products of U.S. business and agriculture at foreign ports and commercial centers. (Sec. 302) Authorizes Department of Transportation (DOT) to donate government property administered by the Maritime Administration (MARAD) for historical purposes, except real estate or vessels, to nonprofit organizations, states, or political subdivisions. (Sec. 303) Reauthorizes through FY2017 appropriations to MARAD for a program that provides assistance for small shipyards and maritime communities. (Sec. 304) Directs federal agencies that operate vessels to report drug test violations by employment applicants to the Coast Guard. (Sec. 305) Requires DHS to provide veterans with documentation of their sea service. Directs the Coast Guard to promote awareness among its personnel of post-service use of Coast Guard training, education, and practical experience in satisfaction of requirements for merchant mariner credentials. (Sec. 306) Redefines “high-risk waters,” for purposes of determining when owners or operators of U.S. vessels carrying government-impelled cargo are to be reimbursed for the cost of providing armed on-board safety personnel, as waters: (1) so designated by the Coast Guard in the appropriate maritime security directive, and (2) in which DOT determines an act of piracy is likely to occur based on documented acts of piracy that occurred in such waters during the 12-month period preceding the applicable voyage. (Sec. 308) Directs the Government Accountability Office (GAO) to report on the number of jobs that would be created in the U.S. maritime industry in each of years 2015-2025 if liquefied natural gas exported from the United States were required to be carried: (1) before December 31, 2018, on vessels documented under the laws of the United States; and (2) after such date, on vessels documented under U.S. laws and constructed in the United States. (Sec. 309) Reauthorizes the Fishing Safety Grant Program through FY2017. (Sec. 310) Directs DHS to establish a Merchant Marine Personnel Advisory Committee to advise DHS on matters relation to personnel in the U.S. merchant marine and comment on proposed Coast Guard regulations relating to those personnel. Authorizes the Committee to conduct studies and make its recommendations available to Congress. Terminates the Committee on September 30, 2020. (Sec. 311) Authorizes DHS to accept in-kind reimbursement for transportation, travel, and subsistence when inspecting certain vessels. (Sec. 312) Requires DHS to provide notice of major marine casualties to state and tribal governments within 24 hours of it being reported to DHS. (Sec. 313) Amends provisions of the Federal Water Pollution Control Act (commonly known as the Clean Water Act) related to area contingency plans for the discharge of oil and hazardous substances, by authorizing Indian tribes to participate in area committees established to plan for responses to spills and requiring the plans to include a framework for advance planning and decision making with respect to the closing and reopening of fishing areas following a discharge. (Sec. 314) Prohibits the Coast Guard from disseminating data it collected in an ice patrol about iceberg locations and dangerous ice conditions in the North Atlantic Ocean to vessels of nations that failed to reimburse the Coast Guard for this service as required. (Sec. 315) Establishes a process for DHS to delegate to classification societies (non-governmental organizations that act on the Coast Guard's behalf in caring out certification and inspection activities) the authority to inspect offshore supply vessels. Requires DHS to report to Congress within specified periods regarding: (1) the number of vessels for which a delegation was made, (2) any savings in personnel and operational costs incurred by the Coast Guard that resulted from the delegation, and (3) any impacts of the delegations on the operational safety of vessels and vessel crews. (Sec. 317) Directs DHS to require that each vessel response plan prepared for a mobile offshore drilling unit include information from the facility response plan prepared for the unit regarding the planned response to a worst case discharge and to a threat of those discharges. (Sec. 318) Revises the amount owners or operators of terminal facilities, offshore facilities, or crude oil tankers are required to provide to Cook Inlet Regional Citizens Advisory Council in Alaska each year. (Sec. 319) Increases the number of passengers (from 6 to 12) that a U.S. owned, uninspected, passenger vessels that is less than 24 meters in length and is operating in the U.S. Virgin Islands may carry if certain safety requirements are met. (Sec. 320) Establishes an Abandoned Seafarers Fund to provide support for foreign seafarers who are required to remain in the United States because they are either paroled or and are involved in an investigation, reporting, documentation, or adjudication of any matter relating to the administration or enforcement of laws by the Coast Guard. (Sec. 321) Moves the responsibility of maintaining a website concerning crimes on cruise vessels from DHS to DOT. (Sec. 322) Prohibits DHS from finalizing a regulation relating to safety and environmental management system requirements for vessels on the United States Outer Continental Shelf that was proposed on September 10, 2013, until six months after it has submitted an analysis of the proposed regulation and the impact of the rule. Title IV: Federal Maritime Commission - (Sec. 401) Authorizes appropriations for the Federal Maritime Commission (FMC) for FY2015. (Sec. 402) Authorizes reasonable attorney fees to be awarded to prevailing parties in actions filed with FMC concerning a violation of ocean shipping law. (Sec. 403) Revises terms of office requirements for FMC Commissioners. Prohibits Commissioners from serving more than one year after their five year term expires and from serving more than two terms. Establishes conflict of interest requirements applicable to FMC Commissioners. Title V: Artic Maritime Transportation - (Sec. 501) Encourages DHS to enter into negotiations through the International Maritime Organization to conclude and execute agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure, in the Arctic: placement and maintenance of aids to navigation; appropriate marine safety, tug, and salvage capabilities; oil spill prevention and response capability; maritime domain awareness, including long-range vessel tracking; and search and rescue. Directs the Committee on the Maritime Transportation System to coordinate the establishment of domestic transportation policies in the Arctic necessary to ensure safe and secure maritime shipping. Authorizes DHS to enter into agreements with, or make grants to, individuals and governments to ensure safe and secure maritime shipping in the Arctic. Requires DHS to promote safe maritime navigation by means of icebreaking where necessary, feasible, and effective. (Sec. 502) Requires the Coast Guard to improve maritime domain awareness in the Arctic and submit a five-year strategic plan every five years to guide interagency and international intergovernmental cooperation and coordination for improving this awareness. (Sec. 503) Requires DHS to report on the status of the negotiations at the International Maritime Organization regarding the establishment of a draft international code of safety for ships operating in polar waters, popularly known as the Polar Code. Directs the report to address the impacts of the Code for coastal communities located in the Arctic on the costs of delivering fuel and freight and maritime transportation safety. (Sec. 504) Authorizes DHS to construct facilities in the Arctic to: support aircraft maintenance; provide shelter for both current helicopter assets and those projected to be located at Air Station Kodiak, Alaska, for at least 20 years; and include accommodations for personnel. (Sec. 505) Amends the Coast Guard and Maritime Transportation Act of 2012 to authorize the Coast Guard to decommission the icebreaker cutter named the Polar Sea if DHS does not make a determination regarding whether it is cost-effective to reactivate the icebreaker. Requires the Coast Guard to submit to Congress: a strategy to meet the Coast Guard's Arctic ice operations needs through September 30, 2050; and a bridging strategy for maintaining the Coast Guard's polar icebreaking services until at least September 30, 2024, unless DHS determines that it is cost-effective to reactivate the Polar Sea. Authorizes the Coast Guard to conduct a service life extension of seven to ten years for the Polar Sea cutter upon the submission of a service life extension plan. (Sec. 506) Requires the President to facilitate planning for the design, procurement, maintenance, deployment, and operation of icebreakers as needed to support the statutory missions of the Coast Guard in the polar regions by allocating all funds to support icebreaking operations in those regions, except for recurring incremental costs associated with specific projects, to the Coast Guard. Title VI: Miscellaneous - (Sec. 601) Revises manning requirements relating to certain U.S. purse seine fishing vessels (commonly referred to as the distant water tuna fleet) engaging foreign citizens. (Manning requirements include regulations that govern the nationality of the crew, the required number of crew, and crew qualifications on ships.) (Sec. 602) Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to extend for three years a provision which prohibits the Environmental Protection Agency (EPA) from requiring a National Pollutant Discharge Elimination System permit for a vessel that is less than 79 feet in length or a fishing vessel for any discharge: (1) of effluent from properly functioning marine engines; (2) of laundry, shower, and galley sink wastes; or (3) that is incidental to the normal operation of those vessels. (This prohibition does not apply with respect to garbage discharged overboard, other discharges when the vessel is operating in a capacity other than as a means of transportation, discharges of ballast water held in ships to increase stability, or any discharge that contributes to a violation of a water quality standard or poses an unacceptable risk to human health or the environment.) (Sec. 603) Directs DOT to submit to Congress a national maritime strategy that: identifies federal regulations that reduce the competitiveness of U.S. flag vessels in international markets; identifies the impact of reduced cargo flow due to reductions in the number of Armed Forces members stationed or deployed outside the United States; and includes recommendations to make U.S. flag vessels more competitive in shipping routes, and to enhance U.S. shipbuilding capability. Requires DOT to recommend strategies to increase the use of U.S. flag vessels to carry imports and exports, third-party inspection and certification authorities, and short sea transportation routes. (Sec. 604) Exempts the vessel "John Craig" (United States official number D1110613) from a requirement that passenger vessel operators be licensed by DHS, provided that Kentucky has implemented a similar licensing requirement and the vessel is operating on a specified portion of the River. Authorizes DHS to issue a coastwise endorsement to the “F/V Western Challenger” (IMO number 5388108). (A coastwise endorsement entitles a vessel to employment in unrestricted coastwise trade, dredging, towing, and any other employment for which a registry or fishery endorsement is not required.) (Sec. 605) Directs the Coast Guard to arrange for an assessment by the National Academy of Sciences of authorities concerning vessels and seamen that have been delegated to the Coast Guard and impact the ability of vessels documented under U.S. laws to effectively compete in international transportation markets. Requires the Coast Guard to report on the assessment. (Sec. 606) Requires DHS to report on the status of the final rule that relates to the Coast Guard’s Notice of Arrival and Departure (NOAD) and Automatic Identification System (AIS) requirements. (Sec. 607) Authorizes the Coast Guard to convey 0.2 acres of property at 527 River Street in Rochester, New York to Rochester, New York. (Sec. 608) Authorizes the Department of the Interior to convey 0.86 acres of fast lands in the narrows of Puget Sound, Washington to Gig Harbor, Washington upon the Coast Guard's relinquishment of the property. (Sec. 609) Deems the vessel assigned U.S. official number 1205366 (rebuilt after a fire) to be a new vessel on the date of delivery of the vessel after January 1, 2012, from a privately owned U.S. shipyard if no encumbrances are on record with the Coast Guard at the time of the issuance of the new certificate of documentation. (Sec. 610) Bars DHS and EPA from prohibiting a vessel operating within the Thunder Bay National Marine Sanctuary and Underwater Preserve from taking up or discharging ballast water to allow for safe and efficient vessel operation if the uptake or discharge meets all federal and state ballast water management requirements that would apply if the area were not a marine sanctuary. (Sec. 611) Requires the General Services Administration (GSA) to allocate and assign a specified number of parking spaces at DHS' St. Elizabeth Campus to Coast Guard personnel assigned to the Campus based on a schedule.

S2444 ENR: Howard Coble Coast Guard and Maritime Transportation 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. 2444 IN THE SENATE OF THE UNITED STATES AN ACT To authorize appropriations for the Coast Guard for fiscal year 2015, and for other purposes. 1. Short title This Act may be cited as the Howard Coble Coast Guard and Maritime Transportation Act of 2014 2. Table of contents The table of contents for this Act is the following: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Authorization Sec. 101. Authorization of appropriations. Sec. 102. Authorized levels of military strength and training. TITLE II—Coast Guard Sec. 201. Commissioned officers. Sec. 202. Commandant; appointment. Sec. 203. Prevention and response workforces. Sec. 204. Centers of expertise. Sec. 205. Penalties. Sec. 206. Agreements. Sec. 207. Tuition assistance program coverage of textbooks and other educational materials. Sec. 208. Coast Guard housing. Sec. 209. Lease authority. Sec. 210. Notification of certain determinations. Sec. 211. Annual Board of Visitors. Sec. 212. Flag officers. Sec. 213. Repeal of limitation on medals of honor. Sec. 214. Coast Guard family support and child care. Sec. 215. Mission need statement. Sec. 216. Transmission of annual Coast Guard authorization request. Sec. 217. Inventory of real property. Sec. 218. Retired service members and dependents serving on advisory committees. Sec. 219. Active duty for emergency augmentation of regular forces. Sec. 220. Acquisition workforce expedited hiring authority. Sec. 221. Coast Guard administrative savings. Sec. 222. Technical corrections to title 14. Sec. 223. Multiyear procurement authority for Offshore Patrol Cutters. Sec. 224. Maintaining Medium Endurance Cutter mission capability. Sec. 225. Aviation capability. Sec. 226. Gaps in writings on Coast Guard history. Sec. 227. Officer evaluation reports. Sec. 228. Improved safety information for vessels. Sec. 229. E–LORAN. Sec. 230. Analysis of resource deficiencies with respect to maritime border security. Sec. 231. Modernization of National Distress and Response System. Sec. 232. Report reconciling maintenance and operational priorities on the Missouri River. Sec. 233. Maritime Search and Rescue Assistance Policy assessment. TITLE III—Shipping and Navigation Sec. 301. Repeal. Sec. 302. Donation of historical property. Sec. 303. Small shipyards. Sec. 304. Drug testing reporting. Sec. 305. Opportunities for sea service veterans. Sec. 306. Clarification of high-risk waters. Sec. 307. Technical corrections. Sec. 308. Report. Sec. 309. Fishing safety grant programs. Sec. 310. Establishment of Merchant Marine Personnel Advisory Committee. Sec. 311. Travel and subsistence. Sec. 312. Prompt intergovernmental notice of marine casualties. Sec. 313. Area Contingency Plans. Sec. 314. International ice patrol reform. Sec. 315. Offshore supply vessel third-party inspection. Sec. 316. Watches. Sec. 317. Coast Guard response plan requirements. Sec. 318. Regional Citizens’ Advisory Council. Sec. 319. Uninspected passenger vessels in the United States Virgin Islands. Sec. 320. Treatment of abandoned seafarers. Sec. 321. Website. Sec. 322. Coast Guard regulations. TITLE IV—Federal Maritime Commission Sec. 401. Authorization of appropriations. Sec. 402. Award of reparations. Sec. 403. Terms of Commissioners. TITLE V—Arctic Maritime Transportation Sec. 501. Arctic maritime transportation. Sec. 502. Arctic maritime domain awareness. Sec. 503. IMO Polar Code negotiations. Sec. 504. Forward operating facilities. Sec. 505. Icebreakers. Sec. 506. Icebreaking in polar regions. TITLE VI—Miscellaneous Sec. 601. Distant water tuna fleet. Sec. 602. Extension of moratorium. Sec. 603. National maritime strategy. Sec. 604. Waivers. Sec. 605. Competition by United States flag vessels. Sec. 606. Vessel requirements for notices of arrival and departure and automatic identification system. Sec. 607. Conveyance of Coast Guard property in Rochester, New York. Sec. 608. Conveyance of certain property in Gig Harbor, Washington. Sec. 609. Vessel determination. Sec. 610. Safe vessel operation in Thunder Bay. Sec. 611. Parking facilities. I Authorization 101. Authorization of appropriations Funds are authorized to be appropriated for fiscal year 2015 for necessary expenses of the Coast Guard as follows: (1) For the operation and maintenance of the Coast Guard, $6,981,036,000. (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $1,546,448,000, to remain available until expended. (3) For the Coast Guard Reserve program, including personnel and training costs, equipment, and services, $140,016,000. (4) For environmental compliance and restoration of Coast Guard vessels, aircraft, and facilities (other than parts and equipment associated with operation and maintenance), $16,701,000, to remain available until expended. (5) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard's mission with respect to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, $19,890,000. (6) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Alteration of Bridges Program, $16,000,000. 102. Authorized levels of military strength and training (a) Active duty strength The Coast Guard is authorized an end-of-year strength for active duty personnel of 43,000 for fiscal year 2015. (b) Military training student loads The Coast Guard is authorized average military training student loads for fiscal year 2015 as follows: (1) For recruit and special training, 2,500 student years. (2) For flight training, 165 student years. (3) For professional training in military and civilian institutions, 350 student years. (4) For officer acquisition, 1,200 student years. II Coast Guard 201. Commissioned officers Section 42(a) 7,200 6,900 202. Commandant; appointment Section 44 The term of an appointment, and any reappointment, shall begin on June 1 of the appropriate year and end on May 31 of the appropriate year, except that, in the event of death, retirement, resignation, or reassignment, or when the needs of the Service demand, the Secretary may alter the date on which a term begins or ends if the alteration does not result in the term exceeding a period of 4 years. 203. Prevention and response workforces Section 57 (1) in subsection (b)— (A) in paragraph (2) by striking or (B) in paragraph (3) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (4) waterways operations manager shall have knowledge, skill, and practical experience with respect to marine transportation system management; or (5) port and facility safety and security specialist shall have knowledge, skill, and practical experience with respect to the safety, security, and environmental protection responsibilities associated with maritime ports and facilities. ; (2) in subsection (c) by striking or marine safety engineer marine safety engineer, waterways operations manager, or port and facility safety and security specialist (3) in subsection (f)(2) by striking investigator or marine safety engineer. investigator, marine safety engineer, waterways operations manager, or port and facility safety and security specialist. 204. Centers of expertise Section 58(b) (b) Missions Any center established under subsection (a) shall— (1) promote, facilitate, and conduct— (A) education; (B) training; and (C) activities authorized under section 93(a)(4); (2) be a repository of information on operations, practices, and resources related to the mission for which the center was established; and (3) perform and support the mission for which the center was established. . 205. Penalties (a) Aids to navigation and false distress messages Chapter 5 (1) in section 83 by striking $100 $1,500 (2) in section 84 by striking $500 $1,500 (3) in section 85 by striking $100 $1,500 (4) in section 88(c)(2) by striking $5,000 $10,000 (b) Unauthorized use of words Coast Guard Section 639 $1,000 $10,000 206. Agreements (a) In general Section 93(a)(4) (1) by striking , investigate and investigate (2) by striking , and cooperate and coordinate such activities with other Government agencies and with private agencies (b) Authority Chapter 5 102. Agreements (a) In general In carrying out section 93(a)(4), the Commandant may— (1) enter into cooperative agreements, contracts, and other agreements with— (A) Federal entities; (B) other public or private entities in the United States, including academic entities; and (C) foreign governments with the concurrence of the Secretary of State; and (2) impose on and collect from an entity subject to an agreement or contract under paragraph (1) a fee to assist with expenses incurred in carrying out such section. (b) Deposit and use of fees Fees collected under this section shall be deposited in the general fund of the Treasury as offsetting receipts. The fees may be used, to the extent provided in advance in an appropriation law, only to carry out activities under section 93(a)(4). . (c) Clerical amendment The analysis for such chapter is amended by adding at the end the following: 102. Agreements. . 207. Tuition assistance program coverage of textbooks and other educational materials Section 93(a)(7) and the textbooks, manuals, and other materials required as part of such training or course of instruction correspondence courses 208. Coast Guard housing (a) Commandant; general powers Section 93(a)(13) the Treasury the fund established under section 687 (b) Lighthouse property Section 672a(b) the Treasury the fund established under section 687 (c) Conforming amendment Section 687(b) (4) Monies received under section 93(a)(13). (5) Amounts received under section 672a(b). . 209. Lease authority Section 93 (f) Leasing of Tidelands and Submerged Lands (1) Authority The Commandant may lease under subsection (a)(13) submerged lands and tidelands under the control of the Coast Guard without regard to the limitation under that subsection with respect to lease duration. (2) Limitation The Commandant may lease submerged lands and tidelands under paragraph (1) only if— (A) lease payments are— (i) received exclusively in the form of cash; (ii) equal to the fair market value of the use of the leased submerged lands or tidelands for the period during which such lands are leased, as determined by the Commandant; and (iii) deposited in the fund established under section 687; and (B) the lease does not provide authority to or commit the Coast Guard to use or support any improvements to such submerged lands or tidelands, or obtain goods or services from the lessee. . 210. Notification of certain determinations (a) In general Chapter 5 103. Notification of certain determinations (a) In general At least 90 days prior to making a final determination that a waterway, or a portion thereof, is navigable for purposes of the jurisdiction of the Coast Guard, the Commandant shall provide notification regarding the proposed determination to— (1) the Governor of each State in which such waterway, or portion thereof, is located; (2) the public; and (3) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (b) Content requirement Each notification provided under subsection (a) to an entity specified in paragraph (3) of that subsection shall include— (1) an analysis of whether vessels operating on the waterway, or portion thereof, subject to the proposed determination are subject to inspection or similar regulation by State or local officials; (2) an analysis of whether operators of commercial vessels on such waterway, or portion thereof, are subject to licensing or similar regulation by State or local officials; and (3) an estimate of the annual costs that the Coast Guard may incur in conducting operations on such waterway, or portion thereof. . (b) Clerical amendment The analysis for such chapter, as amended by this Act, is further amended by adding at the end the following: 103. Notification of certain determinations. . 211. Annual Board of Visitors Section 194 194. Annual Board of Visitors (a) In general A Board of Visitors to the Coast Guard Academy is established to review and make recommendations on the operation of the Academy. (b) Membership (1) In general The membership of the Board shall consist of the following: (A) The chairman of the Committee on Commerce, Science, and Transportation of the Senate, or the chairman’s designee. (B) The chairman of the Committee on Transportation and Infrastructure of the House of Representatives, or the chairman’s designee. (C) 3 Members of the Senate designated by the Vice President. (D) 4 Members of the House of Representatives designated by the Speaker of the House of Representatives. (E) 6 individuals designated by the President. (2) Length of service (A) Members of Congress A Member of Congress designated under subparagraph (C) or (D) of paragraph (1) as a member of the Board shall be designated as a member in the First Session of a Congress and serve for the duration of that Congress. (B) Individuals designated by the President Each individual designated by the President under subparagraph (E) of paragraph (1) shall serve as a member of the Board for 3 years, except that any such member whose term of office has expired shall continue to serve until a successor is appointed. (3) Death or resignation of a member If a member of the Board dies or resigns, a successor shall be designated for any unexpired portion of the term of the member by the official who designated the member. (c) Academy visits (1) Annual visit The Board shall visit the Academy annually to review the operation of the Academy. (2) Additional visits With the approval of the Secretary, the Board or individual members of the Board may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy. (d) Scope of review The Board shall review, with respect to the Academy— (1) the state of morale and discipline; (2) the curriculum; (3) instruction; (4) physical equipment; (5) fiscal affairs; and (6) other matters relating to the Academy that the Board determines appropriate. (e) Report Not later than 60 days after the date of an annual visit of the Board under subsection (c)(1), the Board shall submit to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the actions of the Board during such visit and the recommendations of the Board pertaining to the Academy. (f) Advisors If approved by the Secretary, the Board may consult with advisors in carrying out this section. (g) Reimbursement Each member of the Board and each adviser consulted by the Board under subsection (f) shall be reimbursed, to the extent permitted by law, by the Coast Guard for actual expenses incurred while engaged in duties as a member or adviser. . 212. Flag officers (a) In general Title 14, United States Code, is amended by inserting after section 295 the following: 296. Flag officers During any period in which the Coast Guard is not operating as a service in the Navy, section 1216(d) of title 10 does not apply with respect to flag officers of the Coast Guard. . (b) Clerical amendment The analysis for chapter 11 296. Flag officers. . 213. Repeal of limitation on medals of honor Section 494 214. Coast Guard family support and child care (a) In general Title 14, United States Code, as amended by this Act, is further amended by inserting after chapter 13 the following: 14 Coast Guard family support and child care Subchapter I—General provisions Sec. 531. Work-life policies and programs. 532. Surveys of Coast Guard families. Subchapter II—Coast Guard family support 542. Education and training opportunities for Coast Guard spouses. 543. Youth sponsorship initiatives. Subchapter III—Coast Guard child care 551. Definitions. 553. Child development center standards and inspections. 554. Child development center employees. 555. Parent partnerships with child development centers. I General provisions 531. Work-life policies and programs The Commandant is authorized— (1) to establish an office for the purpose of developing, promulgating, and coordinating policies, programs, and activities related to the families of Coast Guard members; (2) to implement and oversee policies, programs, and activities described in paragraph (1) as the Commandant considers necessary; and (3) to perform such other duties as the Commandant considers necessary. 532. Surveys of Coast Guard families (a) Authority The Commandant, in order to determine the effectiveness of Federal policies, programs, and activities related to the families of Coast Guard members, may survey— (1) any Coast Guard member; (2) any retired Coast Guard member; (3) the immediate family of any Coast Guard member or retired Coast Guard member; and (4) any survivor of a deceased Coast Guard member. (b) Voluntary participation Participation in any survey conducted under subsection (a) shall be voluntary. (c) Federal recordkeeping Each person surveyed under subsection (a) shall be considered an employee of the United States for purposes of section 3502(3)(A)(i) II Coast Guard family support 542. Education and training opportunities for Coast Guard spouses (a) Tuition assistance The Commandant may provide, subject to the availability of appropriations, tuition assistance to an eligible spouse to facilitate the acquisition of— (1) education and training required for a degree or credential at an accredited college, university, or technical school in the United States that expands employment and portable career opportunities for the spouse; or (2) education prerequisites and a professional license or credential required, by a government or government-sanctioned licensing body, for an occupation that expands employment and portable career opportunities for the spouse. (b) Definitions In this section, the following definitions apply: (1) Eligible spouse (A) In general The term eligible spouse (B) Exclusion The term eligible spouse (i) is married to, but legally separated from, a member of the Coast Guard under a court order or statute of any State or territorial possession of the United States; or (ii) is eligible for tuition assistance as a member of the Armed Forces. (2) Portable career The term portable career 543. Youth sponsorship initiatives (a) In general The Commandant is authorized to establish, within any Coast Guard unit, an initiative to help integrate into new surroundings the dependent children of members of the Coast Guard who received permanent change of station orders. (b) Description of initiative An initiative established under subsection (a) shall— (1) provide for the involvement of a dependent child of a member of the Coast Guard in the dependent child’s new Coast Guard community; and (2) primarily focus on preteen and teenaged children. (c) Authority In carrying out an initiative under subsection (a), the Commandant may— (1) provide to a dependent child of a member of the Coast Guard information on youth programs and activities available in the dependent child’s new Coast Guard community; and (2) enter into agreements with nonprofit entities to provide youth programs and activities to such child. III Coast Guard child care 551. Definitions In this subchapter, the following definitions apply: (1) Child abuse and neglect The term child abuse and neglect (2) Child development center employee The term child development center employee (3) Coast Guard child development center The term Coast Guard child development center (4) Competitive service position The term competitive service position section 2102 (5) Family home daycare The term family home daycare (A) is certified by the Commandant as qualified to provide home-based child care services; and (B) provides home-based child care services on a regular basis in exchange for monetary compensation. 553. Child development center standards and inspections (a) Standards The Commandant shall require each Coast Guard child development center to meet standards that the Commandant considers appropriate to ensure the health, safety, and welfare of the children and employees at the center. (b) Inspections The Commandant shall provide for regular and unannounced inspections of each Coast Guard child development center to ensure compliance with this section. (c) National reporting (1) In general The Commandant shall maintain and publicize a means by which an individual can report, with respect to a Coast Guard child development center or a family home daycare— (A) any suspected violation of— (i) standards established under subsection (a); or (ii) any other applicable law or standard; (B) suspected child abuse or neglect; or (C) any other deficiency. (2) Anonymous reporting The Commandant shall ensure that an individual making a report pursuant to paragraph (1) may do so anonymously if so desired by the individual. (3) Procedures The Commandant shall establish procedures for investigating reports made pursuant to paragraph (1). 554. Child development center employees (a) Training (1) In general The Commandant shall establish a training program for Coast Guard child development center employees and satisfactory completion of the training program shall be a condition of employment for each employee of a Coast Guard child development center. (2) Timing for new hires The Commandant shall require each employee of a Coast Guard child development center to complete the training program established under paragraph (1) not later than 6 months after the date on which the employee is hired. (3) Minimum requirements The training program established under paragraph (1) shall include, at a minimum, instruction with respect to— (A) early childhood development; (B) activities and disciplinary techniques appropriate to children of different ages; (C) child abuse and neglect prevention and detection; and (D) cardiopulmonary resuscitation and other emergency medical procedures. (4) Use of Department of Defense programs The Commandant may use Department of Defense training programs, on a reimbursable or nonreimbursable basis, for purposes of this subsection. (b) Training and curriculum specialists (1) Specialist required The Commandant shall require that at least 1 employee at each Coast Guard child development center be a specialist in training and curriculum development with appropriate credentials and experience. (2) Duties The duties of the specialist described in paragraph (1) shall include— (A) special teaching activities; (B) daily oversight and instruction of other child care employees; (C) daily assistance in the preparation of lesson plans; (D) assisting with child abuse and neglect prevention and detection; and (E) advising the director of the center on the performance of the other child care employees. (3) Competitive service Each specialist described in paragraph (1) shall be an employee in a competitive service position. 555. Parent partnerships with child development centers (a) Parent boards (1) Formation The Commandant shall require that there be formed at each Coast Guard child development center a board of parents, to be composed of parents of children attending the center. (2) Functions Each board of parents formed under paragraph (1) shall— (A) meet periodically with the staff of the center at which the board is formed and the commander of the unit served by the center, for the purpose of discussing problems and concerns; and (B) be responsible, together with the staff of the center, for coordinating any parent participation initiative established under subsection (b). (3) FACA The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to a board of parents formed under paragraph (1). (b) Parent participation initiative The Commandant is authorized to establish a parent participation initiative at each Coast Guard child development center to encourage and facilitate parent participation in educational and related activities at the center. . (b) Transfer of provisions (1) In general (A) Reimbursement for adoption expenses Section 514 (B) Child development services Section 515 (i) is redesignated as section 552 and transferred to appear after section 551 of such title, as added by subsection (a) of this section; and (ii) is amended— (I) in subsection (b)(2)(B) by inserting and whether a family is participating in an initiative established under section 555(b) family income (II) by striking subsections (c) and (e); and (III) by redesignating subsection (d) as subsection (c). (C) Dependent school children Section 657 (i) is redesignated as section 544 and transferred to appear after section 543 of such title, as added by subsection (a) of this section; and (ii) is amended in subsection (a) by striking Except as otherwise the Secretary may The Secretary may (2) Conforming amendments (A) Part I The analysis for part I of title 14, United States Code, is amended by inserting after the item relating to chapter 13 the following: 14. Coast Guard Family Support and Child Care 531 . (B) Chapter 13 The analysis for chapter 13 (i) by striking the item relating to section 514; and (ii) by striking the item relating to section 515. (C) Chapter 14 The analysis for chapter 14 (i) before the item relating to section 542 the following: 541. Reimbursement for adoption expenses. ; (ii) after the item relating to section 551 the following: 552. Child development services. ; and (iii) after the item relating to section 543 the following: 544. Dependent school children. . (D) Chapter 17 The analysis for chapter 17 (c) Commandant; general powers Section 93(a)(7) (d) Sense of Congress (1) In general It is the sense of Congress that the amount of funds appropriated for a fiscal year for operating expenses related to Coast Guard child development services should not be less than the amount of the child development center fee receipts estimated to be collected by the Coast Guard during that fiscal year. (2) Child development center fee receipts defined In this subsection, the term child development center fee receipts 215. Mission need statement (a) In general Section 569 569. Mission need statement (a) In general On the date on which the President submits to Congress a budget for fiscal year 2016 under section 1105 of title 31, on the date on which the President submits to Congress a budget for fiscal year 2019 under such section, and every 4 years thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an integrated major acquisition mission need statement. (b) Definitions In this section, the following definitions apply: (1) Integrated major acquisition mission need statement The term integrated major acquisition mission need statement (A) identifies current and projected gaps in Coast Guard mission capabilities using mission hour targets; (B) explains how each major acquisition program addresses gaps identified under subparagraph (A) if funded at the levels provided for such program in the most recently submitted capital investment plan; and (C) describes the missions the Coast Guard will not be able to achieve, by fiscal year, for each gap identified under subparagraph (A). (2) Major acquisition program The term major acquisition program (3) Capital investment plan The term capital investment plan . (b) Clerical amendment The analysis for chapter 15 569. Mission need statement. . 216. Transmission of annual Coast Guard authorization request (a) In general Title 14, United States Code, as amended by this Act, is further amended by inserting after section 662 the following: 662a. Transmission of annual Coast Guard authorization request (a) In general Not later than 30 days after the date on which the President submits to Congress a budget for a fiscal year pursuant to section 1105 (b) Coast Guard authorization request defined In this section, the term Coast Guard authorization request (1) recommends end strengths for personnel for that fiscal year, as described in section 661; (2) recommends authorizations of appropriations for that fiscal year, including with respect to matters described in section 662; and (3) addresses any other matter that the Secretary determines is appropriate for inclusion in a Coast Guard authorization bill. . (b) Clerical amendment The analysis for chapter 17 662a. Transmission of annual Coast Guard authorization request. . 217. Inventory of real property (a) In general Chapter 17 679. Inventory of real property (a) In general Not later than September 30, 2015, the Commandant shall establish an inventory of all real property, including submerged lands, under the control of the Coast Guard, which shall include— (1) the size, the location, and any other appropriate description of each unit of such property; (2) an assessment of the physical condition of each unit of such property, excluding lands; (3) a determination of whether each unit of such property should be— (A) retained to fulfill a current or projected Coast Guard mission requirement; or (B) subject to divestiture; and (4) other information the Commandant considers appropriate. (b) Inventory maintenance The Commandant shall— (1) maintain the inventory required under subsection (a) on an ongoing basis; and (2) update information on each unit of real property included in such inventory not later than 30 days after any change relating to the control of such property. (c) Recommendations to Congress Not later than March 30, 2016, and every 5 years thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes— (1) a list of all real property under the control of the Coast Guard and the location of such property by property type; (2) recommendations for divestiture with respect to any units of such property; and (3) recommendations for consolidating any units of such property, including— (A) an estimate of the costs or savings associated with each recommended consolidation; and (B) a discussion of the impact that such consolidation would have on Coast Guard mission effectiveness. . (b) Clerical amendment The analysis for such chapter, as amended by this Act, is further amended by adding at the end the following: 679. Inventory of real property. . 218. Retired service members and dependents serving on advisory committees (a) In general Chapter 17 680. Retired service members and dependents serving on advisory committees A committee that— (1) advises or assists the Coast Guard with respect to a function that affects a member of the Coast Guard or a dependent of such a member; and (2) includes in its membership a retired Coast Guard member or a dependent of such a retired member; shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.) solely because of such membership. . (b) Clerical amendment The analysis for such chapter, as amended by this Act, is further amended by inserting after the item relating to section 679 the following: 680. Retired service members and dependents serving on advisory committees. . 219. Active duty for emergency augmentation of regular forces Section 712(a) not more than 60 days in any 4-month period and 220. Acquisition workforce expedited hiring authority Section 404(b) of the Coast Guard Authorization Act of 2010 ( Public Law 111–281 2015 2017 221. Coast Guard administrative savings (a) Elimination of outdated and duplicative reports (1) Marine industry training Section 59 (A) by striking (a) In general The Commandant (B) by striking subsection (b). (2) Operations and expenditures Section 651 (3) Drug interdiction Section 103 of the Coast Guard Authorization Act of 1996 ( 14 U.S.C. 89 (4) National defense Section 426 of the Maritime Transportation Security Act of 2002 ( 14 U.S.C. 2 (5) Living marine resources Section 4(b) of the Cruise Vessel Security and Safety Act of 2010 ( 16 U.S.C. 1828 (b) Consolidation and reform of reporting requirements (1) Marine safety (A) In general Section 2116(d)(2)(B) (B) on the program’s mission performance in achieving numerical measurable goals established under subsection (b), including— (i) the number of civilian and military Coast Guard personnel assigned to marine safety positions; and (ii) an identification of marine safety positions that are understaffed to meet the workload required to accomplish each activity included in the strategy and plans under subsection (a); and . (B) Conforming amendment Section 57 (i) by striking subsection (e); and (ii) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g) respectively. (2) Minor construction Section 656(d)(2) (2) Report Not later than the date on which the President submits to Congress a budget under section 1105 of title 31 each year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing each project carried out under paragraph (1), in the most recently concluded fiscal year, for which the amount expended under such paragraph for such project was more than $1,000,000. If no such project was carried out during a fiscal year, no report under this paragraph shall be required with respect to that fiscal year. . 222. Technical corrections to title 14 Title 14, United States Code, as amended by this Act, is further amended— (1) in section 93(b)(1) by striking Notwithstanding subsection (a)(14) Notwithstanding subsection (a)(13) (2) in section 197(b) by striking of Homeland Security 223. Multiyear procurement authority for Offshore Patrol Cutters In fiscal year 2015 and each fiscal year thereafter, the Secretary of the department in which the Coast Guard is operating may enter into, in accordance with section 2306b of title 10, United States Code, multiyear contracts for the procurement of Offshore Patrol Cutters and associated equipment. 224. Maintaining Medium Endurance Cutter mission capability Not later than 120 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes— (1) a schedule and plan for decommissioning, not later than September 30, 2029, each of the 210-foot, Reliance-Class Cutters operated by the Coast Guard on the date of enactment of this Act; (2) a schedule and plan for enhancing the maintenance or extending the service life of each of the 270-foot, Famous-Class Cutters operated by the Coast Guard on the date of enactment of this Act— (A) to maintain the capability of the Coast Guard to carry out sea-going missions with respect to such Cutters at the level of capability existing on September 30, 2013; and (B) for the period beginning on the date of enactment of this Act and ending on the date on which the final Offshore Patrol Cutter is scheduled to be commissioned under paragraph (4); (3) an identification of the number of Offshore Patrol Cutters capable of sea state 5 operations that, if 8 National Security Cutters are commissioned, are necessary to return the sea state 5 operating capability of the Coast Guard to the level of capability that existed prior to the decommissioning of the first High Endurance Cutter in fiscal year 2011; (4) a schedule and plan for commissioning the number of Offshore Patrol Cutters identified under paragraph (3); and (5) a schedule and plan for commissioning, not later than September 30, 2034, a number of Offshore Patrol Cutters not capable of sea state 5 operations that is equal to— (A) 25; less (B) the number of Offshore Patrol Cutters identified under paragraph (3). 225. Aviation capability (a) In general The Secretary of the department in which the Coast Guard is operating may— (1) request and accept through a direct military-to-military transfer under section 2571 (2) use funds provided under section 101 of this Act to convert such helicopters to Coast Guard MH–60T configuration. (b) Prohibition (1) In general The Coast Guard may not— (A) close a Coast Guard air facility that was in operation on November 30, 2014; or (B) retire, transfer, relocate, or deploy an aviation asset from an air facility described in subparagraph (A) for the purpose of closing such facility. (2) Sunset This subsection is repealed effective January 1, 2016. 226. Gaps in writings on Coast Guard history Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on any gaps that exist in writings on the history of the Coast Guard. The report shall address, at a minimum, operations, broad topics, and biographies with respect to the Coast Guard. 227. Officer evaluation reports (a) Assessment required Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written assessment of the Coast Guard’s officer evaluation reporting system. (b) Contents of assessment The assessment required under subsection (a) shall include, at a minimum, an analysis of— (1) the extent to which the Coast Guard’s officer evaluation reports differ in length, form, and content from the officer fitness reports used by the Navy and other branches of the Armed Forces; (2) the extent to which differences determined pursuant to paragraph (1) are the result of inherent differences between— (A) the Coast Guard and the Navy; and (B) the Coast Guard and other branches of the Armed Forces; (3) the feasibility of more closely aligning and conforming the Coast Guard’s officer evaluation reports with the officer fitness reports of the Navy and other branches of the Armed Forces; and (4) the costs and benefits of the alignment and conformity described in paragraph (3), including with respect to— (A) Coast Guard administrative efficiency; (B) fairness and equity for Coast Guard officers; and (C) carrying out the Coast Guard’s statutory mission of defense readiness, including when operating as a service in the Navy. 228. Improved safety information for vessels Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish a process that allows an operator of a marine exchange or other non-Federal vessel traffic information service to use the automatic identification system to transmit weather, ice, and other important navigation safety information to vessels. 229. E–LORAN (a) In general The Secretary of the department in which the Coast Guard is operating may not carry out activities related to the dismantling or disposal of infrastructure that supported the former LORAN system until the later of— (1) the date that is 1 year after the date of enactment of this Act; or (2) the date on which the Secretary provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate notice of a determination by the Secretary that such infrastructure is not required to provide a positioning, navigation, and timing system to provide redundant capability in the event GPS signals are disrupted. (b) Exception Subsection (a) does not apply to activities necessary for the safety of human life. (c) Agreements The Secretary may enter into cooperative agreements, contracts, and other agreements with Federal entities and other public or private entities, including academic entities, to develop a positioning, navigation, and timing system, including an enhanced LORAN system, to provide redundant capability in the event GPS signals are disrupted. 230. Analysis of resource deficiencies with respect to maritime border security (a) In general Not later than 120 days after the date of enactment of this Act, the Commandant of the Coast Guard shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives a report describing any Coast Guard resource deficiencies related to— (1) securing maritime borders with respect to the Great Lakes and the coastal areas of the Southeastern and Southwestern United States, including with respect to Florida, California, Puerto Rico, and the United States Virgin Islands; (2) patrolling and monitoring maritime approaches to the areas described in paragraph (1); and (3) patrolling and monitoring relevant portions of the Western Hemisphere Drug Transit Zone. (b) Scope In preparing the report under subsection (a), the Commandant shall consider, at a minimum— (1) the Coast Guard’s statutory missions with respect to migrant interdiction, drug interdiction, defense readiness, living marine resources, and ports, waterways, and coastal security; (2) whether Coast Guard missions are being executed to meet national performance targets set under the National Drug Control Strategy; (3) the number and types of cutters and other vessels required to effectively execute Coast Guard missions; (4) the number and types of aircraft, including unmanned aircraft, required to effectively execute Coast Guard missions; (5) the number of assets that require upgraded sensor and communications systems to effectively execute Coast Guard missions; (6) the Deployable Specialized Forces required to effectively execute Coast Guard missions; and (7) whether additional shoreside facilities are required to accommodate Coast Guard personnel and assets in support of Coast Guard missions. 231. Modernization of National Distress and Response System (a) Report Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the implementation of the Rescue 21 project in Alaska and in Coast Guard sectors Upper Mississippi River, Lower Mississippi River, and Ohio River Valley. (b) Contents The report required under subsection (a) shall— (1) describe what improvements are being made to the distress response system in the areas specified in subsection (a), including information on which areas will receive digital selective calling and direction finding capability; (2) describe the impediments to installing digital selective calling and direction finding capability in areas where such technology will not be installed; (3) identify locations in the areas specified in subsection (a) where communication gaps will continue to present a risk to mariners after completion of the Rescue 21 project; (4) include a list of all reported marine accidents, casualties, and fatalities occurring in the locations identified under paragraph (3) since 1990; and (5) provide an estimate of the costs associated with installing the technology necessary to close communication gaps in the locations identified under paragraph (3). 232. Report reconciling maintenance and operational priorities on the Missouri River Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that outlines a course of action to reconcile general maintenance priorities for cutters with operational priorities on the Missouri River. 233. Maritime Search and Rescue Assistance Policy assessment (a) In general The Commandant of the Coast Guard shall assess the Maritime Search and Rescue Assistance Policy as it relates to State and local responders. (b) Scope The assessment under subsection (a) shall consider, at a minimum— (1) the extent to which Coast Guard search and rescue coordinators have entered into domestic search and rescue agreements with State and local responders under the National Search and Rescue Plan; (2) whether the domestic search and rescue agreements include the Maritime Search and Rescue Assistance Policy; and (3) the extent to which Coast Guard sectors coordinate with 911 emergency centers, including ensuring the dissemination of appropriate maritime distress check-sheets. (c) Report Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit a report on the assessment under subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. III Shipping and Navigation 301. Repeal Chapter 555 (1) by repealing section 55501; (2) by redesignating section 55502 as section 55501; and (3) in the analysis by striking the items relating to sections 55501 and 55502 and inserting the following: 55501. United States Committee on the Marine Transportation System. . 302. Donation of historical property Section 51103 (e) Donation for historical purposes (1) In general The Secretary may convey the right, title, and interest of the United States Government in any property administered by the Maritime Administration, except real estate or vessels, if— (A) the Secretary determines that such property is not needed by the Maritime Administration; and (B) the recipient— (i) is a nonprofit organization, a State, or a political subdivision of a State; (ii) agrees to hold the Government harmless for any claims arising from exposure to hazardous materials, including asbestos, polychlorinated biphenyls, or lead paint, after conveyance of the property; (iii) provides a description and explanation of the intended use of the property to the Secretary for approval; (iv) has provided to the Secretary proof, as determined by the Secretary, of resources sufficient to accomplish the intended use provided under clause (iii) and to maintain the property; (v) agrees that when the recipient no longer requires the property, the recipient shall— (I) return the property to the Secretary, at the recipient’s expense and in the same condition as received except for ordinary wear and tear; or (II) subject to the approval of the Secretary, retain, sell, or otherwise dispose of the property in a manner consistent with applicable law; and (vi) agrees to any additional terms the Secretary considers appropriate. (2) Reversion The Secretary shall include in any conveyance under this subsection terms under which all right, title, and interest conveyed by the Secretary shall revert to the Government if the Secretary determines the property has been used other than as approved by the Secretary under paragraph (1)(B)(iii). . 303. Small shipyards Section 54101(i) 2009 through 2013 2015 through 2017 304. Drug testing reporting Section 7706 (1) in subsection (a), by inserting an applicant for employment by a Federal agency, Federal agency, (2) in subsection (c), by— (A) inserting or an applicant for employment by a Federal agency an employee (B) striking the employee. the employee or the applicant. 305. Opportunities for sea service veterans (a) Endorsements for veterans Section 7101 (j) The Secretary may issue a license under this section in a class under subsection (c) to an applicant that— (1) has at least 3 months of qualifying service on vessels of the uniformed services (as that term is defined in section 101(a) (2) satisfies all other requirements for such a license. . (b) Sea service letters (1) In general Title 14, United States Code, is amended by inserting after section 427 the following: 428. Sea service letters (a) In general The Secretary shall provide a sea service letter to a member or former member of the Coast Guard who— (1) accumulated sea service on a vessel of the armed forces (as such term is defined in section 101(a) of title 10); and (2) requests such letter. (b) Deadline Not later than 30 days after receiving a request for a sea service letter from a member or former member of the Coast Guard under subsection (a), the Secretary shall provide such letter to such member or former member if such member or former member satisfies the requirement under subsection (a)(1). . (2) Clerical amendment The analysis for chapter 11 428. Sea service letters. . (c) Crediting of United States Armed Forces service, training, and qualifications (1) Maximizing creditability The Secretary of the department in which the Coast Guard is operating, in implementing United States merchant mariner license, certification, and document laws and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, shall maximize the extent to which United States Armed Forces service, training, and qualifications are creditable toward meeting the requirements of such laws and such Convention. (2) Notification Not later than 90 days after the date of enactment of this Act, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the steps taken to implement this subsection. (d) Merchant Marine Post-Service Career Opportunities Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall take steps to promote better awareness, on an ongoing basis, among Coast Guard personnel regarding post-service use of Coast Guard training, education, and practical experience in satisfaction of requirements for merchant mariner credentials under section 11.213 306. Clarification of high-risk waters Section 55305(e) (1) in paragraph (1)— (A) by striking provide armed personnel aboard reimburse, subject to the availability of appropriations, the owners or operators of (B) by inserting for the cost of providing armed personnel aboard such vessels if (2) by striking paragraphs (2) and (3) and inserting the following: (2) In this subsection, the term high-risk waters (A) determines that an act of piracy occurred in the 12-month period preceding the date the voyage begins; or (B) in such period, issued an advisory warning that an act of piracy is possible in such waters. . 307. Technical corrections (a) Title 46 Section 2116(b)(1)(D) section 93(c) section 93(c) of title 14 (b) Coast Guard and Maritime Transportation Act of 2006 Section 304(a) of the Coast Guard and Maritime Transportation Act of 2006 ( Public Law 109–241 and from the United States (c) Deepwater Port Act of 1974 Section 4(i) of the Deepwater Port Act of 1974 ( 33 U.S.C. 1503(i) or that will supply be supplied with 308. Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the number of jobs, including vessel construction and vessel operating jobs, that would be created in the United States maritime industry each year in 2015 through 2025 if liquified natural gas exported from the United States were required to be carried— (1) before December 31, 2018, on vessels documented under the laws of the United States; and (2) on and after such date, on vessels documented under the laws of the United States and constructed in the United States. 309. Fishing safety grant programs (a) Fishing safety training grant program Section 4502(i)(4) 2010 through 2014 2015 through 2017 (b) Fishing safety research grant program Section 4502(j)(4) 2010 through 2014 2015 through 2017 310. Establishment of Merchant Marine Personnel Advisory Committee (a) Establishment Chapter 81 8108. Merchant Marine Personnel Advisory Committee (a) Establishment The Secretary shall establish a Merchant Marine Personnel Advisory Committee (in this section referred to as the Committee (1) shall act solely in an advisory capacity to the Secretary through the Commandant of the Coast Guard on matters relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards, and other matters as assigned by the Commandant; (2) shall review and comment on proposed Coast Guard regulations and policies relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards; (3) may be given special assignments by the Secretary and may conduct studies, inquiries, workshops, and fact finding in consultation with individuals and groups in the private sector and with State or local governments; (4) shall advise, consult with, and make recommendations reflecting its independent judgment to the Secretary; (5) shall meet not less than twice each year; and (6) may make available to Congress recommendations that the Committee makes to the Secretary. (b) Membership (1) In general The Committee shall consist of not more than 19 members who are appointed by and serve terms of a duration determined by the Secretary. Before filling a position on the Committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee. (2) Required members Subject to paragraph (3), the Secretary shall appoint as members of the Committee— (A) 9 United States citizens with active licenses or certificates issued under chapter 71 or merchant mariner documents issued under chapter 73, including— (i) 3 deck officers who represent the viewpoint of merchant marine deck officers, of whom— (I) 2 shall be licensed for oceans any gross tons; (II) 1 shall be licensed for inland river route with a limited or unlimited tonnage; (III) 2 shall have a master’s license or a master of towing vessels license; (IV) 1 shall have significant tanker experience; and (V) to the extent practicable— (aa) 1 shall represent the viewpoint of labor; and (bb) another shall represent a management perspective; (ii) 3 engineering officers who represent the viewpoint of merchant marine engineering officers, of whom— (I) 2 shall be licensed as chief engineer any horsepower; (II) 1 shall be licensed as either a limited chief engineer or a designated duty engineer; and (III) to the extent practicable— (aa) 1 shall represent a labor viewpoint; and (bb) another shall represent a management perspective; (iii) 2 unlicensed seamen, of whom— (I) 1 shall represent the viewpoint of able-bodied seamen; and (II) another shall represent the viewpoint of qualified members of the engine department; and (iv) 1 pilot who represents the viewpoint of merchant marine pilots; (B) 6 marine educators, including— (i) 3 marine educators who represent the viewpoint of maritime academies, including— (I) 2 who represent the viewpoint of State maritime academies and are jointly recommended by such State maritime academies; and (II) 1 who represents either the viewpoint of the State maritime academies or the United States Merchant Marine Academy; and (ii) 3 marine educators who represent the viewpoint of other maritime training institutions, 1 of whom shall represent the viewpoint of the small vessel industry; (C) 2 individuals who represent the viewpoint of shipping companies employed in ship operation management; and (D) 2 members who are appointed from the general public. (3) Consultation The Secretary shall consult with the Secretary of Transportation in making an appointment under paragraph (2)(B)(i)(II). (c) Chairman and Vice Chairman The Secretary shall designate one member of the Committee as the Chairman and one member of the Committee as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman. (d) Subcommittees The Committee may establish and disestablish subcommittees and working groups for any purpose consistent with this section, subject to conditions imposed by the Committee. Members of the Committee and additional persons drawn from the general public may be assigned to such subcommittees and working groups. Only Committee members may chair subcommittee or working groups. (e) Termination The Committee shall terminate on September 30, 2020. . (b) Clerical amendment The analysis for such chapter is amended by adding at the end the following: 8108. Merchant Marine Personnel Advisory Committee. . 311. Travel and subsistence (a) Title 46, United States Code Section 2110 (1) by amending subsection (b) to read as follows: (b) (1) In addition to the collection of fees and charges established under subsection (a), in providing a service or thing of value under this subtitle the Secretary may accept in-kind transportation, travel, and subsistence. (2) The value of in-kind transportation, travel, and subsistence accepted under this paragraph may not exceed applicable per diem rates set forth in regulations prescribed under section 464 ; and (2) in subsection (c), by striking subsections (a) and (b), subsection (a), (b) Title 14, United States Code Section 664 (e) (1) In addition to the collection of fees and charges established under this section, in the provision of a service or thing of value by the Coast Guard the Secretary may accept in-kind transportation, travel, and subsistence. (2) The value of in-kind transportation, travel, and subsistence accepted under this paragraph may not exceed applicable per diem rates set forth in regulations prescribed under section 464 . (c) Limitation The Secretary of the Department in which the Coast Guard is operating may not accept in-kind transportation, travel, or subsistence under section 664(e) section 2110(d)(4) (1) amends the Standards of Ethical Conduct for members and employees of the Coast Guard to include regulations governing the acceptance of in-kind reimbursements; and (2) notifies the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the amendments made under paragraph (1). 312. Prompt intergovernmental notice of marine casualties Section 6101 (1) by inserting after subsection (b) the following: (c) Notice to State and tribal governments Not later than 24 hours after receiving a notice of a major marine casualty under this section, the Secretary shall notify each State or federally recognized Indian tribe that is, or may reasonably be expected to be, affected by such marine casualty. ; (2) in subsection (h)— (A) by striking (1) (B) by redesignating subsection (h)(2) as subsection (i) of section 6101, and in such subsection— (i) by striking paragraph, section, (ii) by redesignating subparagraphs (A) through (D) as paragraphs (1) through (4); and (3) by redesignating the last subsection as subsection (j). 313. Area Contingency Plans Section 311(j)(4) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(4) (1) in subparagraph (A), by striking qualified personnel of Federal, State, and local agencies. (i) personnel of Federal, State, and local agencies; and (ii) members of federally recognized Indian tribes, where applicable. ; (2) in subparagraph (B)(ii)— (A) by striking and local , local, and tribal (B) by striking wildlife; wildlife, including advance planning with respect to the closing and reopening of fishing areas following a discharge; (3) in subparagraph (B)(iii), by striking and local , local, and tribal (4) in subparagraph (C)— (A) in clause (iv), by striking and Federal, State, and local agencies , Federal, State, and local agencies, and tribal governments (B) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; and (C) by inserting after clause (vi) the following: (vii) include a framework for advance planning and decisionmaking with respect to the closing and reopening of fishing areas following a discharge, including protocols and standards for the closing and reopening of fishing areas; . 314. International ice patrol reform (a) In general Chapter 803 (1) in section 80301, by adding at the end the following: (c) Payments Payments received pursuant to subsection (b)(1) shall be credited to the appropriation for operating expenses of the Coast Guard. ; (2) in section 80302— (A) in subsection (b), by striking An ice patrol vessel The ice patrol (B) in subsection (c)(1), by striking An ice patrol vessel The ice patrol (C) in the first sentence of subsection (d), by striking vessels aircraft (3) by adding at the end the following: 80304. Limitation on ice patrol data Notwithstanding sections 80301 and 80302, data collected by an ice patrol conducted by the Coast Guard under this chapter may not be disseminated to a vessel unless such vessel is— (1) documented under the laws of the United States; or (2) documented under the laws of a foreign country that made the payment or contribution required under section 80301(b) for the year preceding the year in which the data is collected. . (b) Clerical amendment The analysis for such chapter is amended by adding at the end the following: 80304. Limitation on ice patrol data. . (c) Effective date This section shall take effect on January 1, 2017. 315. Offshore supply vessel third-party inspection Section 3316 (f) (1) Upon request of an owner or operator of an offshore supply vessel, the Secretary shall delegate the authorities set forth in paragraph (1) of subsection (b) with respect to such vessel to a classification society to which a delegation is authorized under that paragraph. A delegation by the Secretary under this subsection shall be used for any vessel inspection and examination function carried out by the Secretary, including the issuance of certificates of inspection and all other related documents. (2) If the Secretary determines that a certificate of inspection or related document issued under authority delegated under paragraph (1) of this subsection with respect to a vessel has reduced the operational safety of that vessel, the Secretary may terminate the certificate or document, respectively. (3) Not later than 2 years after the date of the enactment of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (A) the number of vessels for which a delegation was made under paragraph (1); (B) any savings in personnel and operational costs incurred by the Coast Guard that resulted from the delegations; and (C) based on measurable marine casualty and other data, any impacts of the delegations on the operational safety of vessels for which the delegations were made, and on the crew on those vessels. . 316. Watches Section 8104 (1) in subsection (d), by striking coal passers, firemen, oilers, and water tenders and oilers (2) in subsection (g)(1), by striking (except the coal passers, firemen, oilers, and water tenders) 317. Coast Guard response plan requirements (a) Vessel response plan contents The Secretary of the department in which the Coast Guard is operating shall require that each vessel response plan prepared for a mobile offshore drilling unit includes information from the facility response plan prepared for the mobile offshore drilling unit regarding the planned response to a worst case discharge, and to a threat of such a discharge. (b) Definitions In this section: (1) Mobile offshore drilling unit The term mobile offshore drilling unit 33 U.S.C. 2701 (2) Response plan The term response plan (3) Worst case discharge The term worst case discharge 33 U.S.C. 1321(a) (c) Rule of construction Nothing in this section shall be construed to require the Coast Guard to review or approve a facility response plan for a mobile offshore drilling unit. 318. Regional Citizens’ Advisory Council Section 5002(k)(3) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2732(k)(3) not more than $1,000,000 not less than $1,400,000 319. Uninspected passenger vessels in the United States Virgin Islands (a) In General Section 4105 (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) (1) In applying this title with respect to an uninspected vessel of less than 24 meters overall in length that carries passengers to or from a port in the United States Virgin Islands, the Secretary shall substitute 12 passengers 6 passengers (A) the Code of Practice for the Safety of Small Commercial Motor Vessels (commonly referred to as the Yellow Code (B) the Code of Practice for the Safety of Small Commercial Sailing Vessels (commonly referred to as the Blue Code (2) If the Secretary establishes standards to carry out this subsection— (A) such standards shall be identical to those established in the Codes of Practice referred to in paragraph (1); and (B) on any dates before the date on which such standards are in effect, the Codes of Practice referred to in paragraph (1) shall apply with respect to the vessels referred to in paragraph (1). . (b) Technical correction Section 4105(c) Within twenty-four months of the date of enactment of this subsection, the The 320. Treatment of abandoned seafarers (a) In general Chapter 111 11113. Treatment of abandoned seafarers (a) Abandoned Seafarers Fund (1) Establishment There is established in the Treasury a separate account to be known as the Abandoned Seafarers Fund. (2) Authorized uses Amounts in the Fund may be appropriated to the Secretary for use— (A) to pay necessary support of a seafarer— (i) who— (I) was paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) (II) is involved in an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of law by the Coast Guard; or (ii) who— (I) is physically present in the United States; (II) the Secretary determines was abandoned in the United States; and (III) has not applied for asylum under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (B) to reimburse a vessel owner or operator for the costs of necessary support of a seafarer who has been paroled into the United States to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of law by the Coast Guard, if— (i) the vessel owner or operator is not convicted of a criminal offense related to such matter; or (ii) the Secretary determines that reimbursement is appropriate. (3) Crediting of amounts to fund (A) In general Except as provided in subparagraph (B), there shall be credited to the Fund the following: (i) Penalties deposited in the Fund under section 9 of the Act to Prevent Pollution from Ships (33 U.S.C. 1908). (ii) Amounts reimbursed or recovered under subsection (c). (B) Limitation Amounts may be credited to the Fund under subparagraph (A) only if the unobligated balance of the Fund is less than $5,000,000. (4) Report required On the date on which the President submits each budget for a fiscal year pursuant to section 1105 of title 31, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes— (A) the amounts credited to the Fund under paragraph (2) for the preceding fiscal year; and (B) amounts in the Fund that were expended for the preceding fiscal year. (b) Limitation Nothing in this section shall be construed— (1) to create a private right of action or any other right, benefit, or entitlement to necessary support for any person; or (2) to compel the Secretary to pay or reimburse the cost of necessary support. (c) Reimbursement; recovery (1) In general A vessel owner or operator shall reimburse the Fund an amount equal to the total amount paid from the Fund for necessary support of a seafarer, if— (A) the vessel owner or operator— (i) during the course of an investigation, reporting, documentation, or adjudication of any matter under this Act that the Coast Guard referred to a United States attorney or the Attorney General, fails to provide necessary support of a seafarer who was paroled into the United States to facilitate the investigation, reporting, documentation, or adjudication; and (ii) subsequently is— (I) convicted of a criminal offense related to such matter; or (II) required to reimburse the Fund pursuant to a court order or negotiated settlement related to such matter; or (B) the vessel owner or operator abandons a seafarer in the United States, as determined by the Secretary based on substantial evidence. (2) Enforcement If a vessel owner or operator fails to reimburse the Fund under paragraph (1) within 60 days after receiving a written, itemized description of reimbursable expenses and a demand for payment, the Secretary may— (A) proceed in rem against the vessel on which the seafarer served in the Federal district court for the district in which the vessel is found; and (B) withhold or revoke the clearance required under section 60105 for the vessel and any other vessel operated by the same operator (as that term is defined in section 2(9)(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(9)(a)) as the vessel on which the seafarer served. (3) Obtaining clearance A vessel may obtain clearance from the Secretary after it is withheld or revoked under paragraph (2)(B) if the vessel owner or operator— (A) reimburses the Fund the amount required under paragraph (1); or (B) provides a bond, or other evidence of financial responsibility, sufficient to meet the amount required to be reimbursed under paragraph (1). (4) Notification required The Secretary shall notify the vessel at least 72 hours before taking any action under paragraph (2)(B). (d) Definitions In this section: (1) Abandons; abandoned Each of the terms abandons abandoned (A) a vessel owner’s or operator’s unilateral severance of ties with a seafarer; or (B) a vessel owner’s or operator’s failure to provide necessary support of a seafarer. (2) Fund The term Fund (3) Necessary support The term necessary support (4) Seafarer The term seafarer (5) Vessel subject to the jurisdiction of the United States The term vessel subject to the jurisdiction of the United States (A) owned, or operated under a bareboat charter, by the United States, a State or political subdivision thereof, or a foreign nation; and (B) not engaged in commerce. . (b) Clerical amendment The analysis for such chapter is amended by adding at the end the following: 11113. Treatment of abandoned seafarers. . (c) Conforming amendment Section 9 of the Act to Prevent Pollution from Ships ( 33 U.S.C. 1908 (g) Any penalty collected under subsection (a) or (b) that is not paid under that subsection to the person giving information leading to the conviction or assessment of such penalties shall be deposited in the Abandoned Seafarers Fund established under section 11113 . 321. Website (a) Reports to Secretary of Transportation; incidents and details Section 3507(g)(3)(A) (1) in clause (ii) by striking the incident to an Internet based portal maintained by the Secretary each incident specified in clause (i) to the Internet website maintained by the Secretary of Transportation under paragraph (4)(A) (2) in clause (iii) by striking based portal maintained by the Secretary website maintained by the Secretary of Transportation under paragraph (4)(A) (b) Availability of incident data on Internet Section 3507(g)(4) (1) by striking subparagraph (A) and inserting the following: (A) Website (i) In general The Secretary of Transportation shall maintain a statistical compilation of all incidents on board a cruise vessel specified in paragraph (3)(A)(i) on an Internet website that provides a numerical accounting of the missing persons and alleged crimes reported under that paragraph without regard to the investigative status of the incident. (ii) Updates and other requirements The compilation under clause (i) shall— (I) be updated not less frequently than quarterly; (II) be able to be sorted by cruise line; (III) identify each cruise line by name; (IV) identify each crime or alleged crime committed or allegedly committed by a passenger or crewmember; (V) identify the number of individuals alleged overboard; and (VI) include the approximate number of passengers and crew carried by each cruise line during each quarterly reporting period. (iii) User-friendly format The Secretary of Transportation shall ensure that the compilation, data, and any other information provided on the Internet website maintained under this subparagraph are in a user-friendly format. The Secretary shall, to the greatest extent practicable, use existing commercial off the shelf technology to transfer and establish the website, and shall not independently develop software, or acquire new hardware in operating the site. ; and (2) in subparagraph (B) by striking Secretary Secretary of Transportation 322. Coast Guard regulations (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an analysis of the Coast Guard’s proposed promulgation of safety and environmental management system requirements for vessels engaged in Outer Continental Shelf activities. The analysis shall include— (1) a discussion of any new operational, management, design and construction, financial, and other mandates that would be imposed on vessel owners and operators; (2) an estimate of all associated direct and indirect operational, management, personnel, training, vessel design and construction, record keeping, and other costs; (3) an identification and justification of any of such proposed requirements that exceed those in international conventions applicable to the design, construction, operation, and management of vessels engaging in United States Outer Continental Shelf activities; and (4) an identification of exemptions to the proposed requirements, that are based upon vessel classification, tonnage, offshore activity or function, alternative certifications, or any other appropriate criteria. (b) Limitation The Secretary may not issue proposed regulations relating to safety and environmental management system requirements for vessels on the United States Outer Continental Shelf for which noticed was published on September 10, 2013 (78 Fed. Reg. 55230) earlier than 6 months after the submittal of the analysis required by subsection (a). IV Federal Maritime Commission 401. Authorization of appropriations There is authorized to be appropriated to the Federal Maritime Commission $24,700,000 for fiscal year 2015. 402. Award of reparations Section 41305 (1) in subsection (b), by striking , plus reasonable attorney fees (2) by adding at the end the following: (e) Attorney fees In any action brought under section 41301, the prevailing party may be awarded reasonable attorney fees. . 403. Terms of Commissioners (a) In general Section 301(b) (1) by amending paragraph (2) to read as follows: (2) Terms The term of each Commissioner is 5 years. When the term of a Commissioner ends, the Commissioner may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. Except as provided in paragraph (3), no individual may serve more than 2 terms. ; and (2) by redesignating paragraph (3) as paragraph (5), and inserting after paragraph (2) the following: (3) Vacancies A vacancy shall be filled in the same manner as the original appointment. An individual appointed to fill a vacancy is appointed only for the unexpired term of the individual being succeeded. An individual appointed to fill a vacancy may serve 2 terms in addition to the remainder of the term for which the predecessor of that individual was appointed. (4) Conflicts of interest (A) Limitation on relationships with regulated entities A Commissioner may not have a pecuniary interest in, hold an official relation to, or own stocks or bonds of any entity the Commission regulates under chapter 401 of this title. (B) Limitation on other activities A Commissioner may not engage in another business, vocation, or employment. . (b) Applicability The amendment made by subsection (a)(1) does not apply with respect to a Commissioner of the Federal Maritime Commission appointed and confirmed by the Senate before the date of the enactment of this Act. V Arctic Maritime Transportation 501. Arctic maritime transportation (a) Arctic maritime transportation Chapter 5 section 89 90. Arctic maritime transportation (a) Purpose The purpose of this section is to ensure safe and secure maritime shipping in the Arctic including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic. (b) International Maritime Organization Agreements To carry out the purpose of this section, the Secretary is encouraged to enter into negotiations through the International Maritime Organization to conclude and execute agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure, in the Arctic— (1) placement and maintenance of aids to navigation; (2) appropriate marine safety, tug, and salvage capabilities; (3) oil spill prevention and response capability; (4) maritime domain awareness, including long-range vessel tracking; and (5) search and rescue. (c) Coordination by Committee on the Maritime Transportation System The Committee on the Maritime Transportation System established under section 55501 (d) Agreements and contracts The Secretary may, subject to the availability of appropriations, enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals and governments to carry out the purpose of this section or any agreements established under subsection (b). (e) Icebreaking The Secretary shall promote safe maritime navigation by means of icebreaking where necessary, feasible, and effective to carry out the purposes of this section. (f) Arctic definition In this section, the term Arctic . (b) Clerical amendment The analysis for such chapter is amended by inserting after the item relating to section 89 the following: 90. Arctic maritime transportation . (c) Conforming amendment Section 307 of the Coast Guard Authorization Act of 2010 ( Public Law 111–281 14 U.S.C. 92 502. Arctic maritime domain awareness (a) In general Chapter 7 154. Arctic maritime domain awareness (a) In general The Commandant shall improve maritime domain awareness in the Arctic— (1) by promoting interagency cooperation and coordination; (2) by employing joint, interagency, and international capabilities; and (3) by facilitating the sharing of information, intelligence, and data related to the Arctic maritime domain between the Coast Guard and departments and agencies listed in subsection (b). (b) Coordination The Commandant shall seek to coordinate the collection, sharing, and use of information, intelligence, and data related to the Arctic maritime domain between the Coast Guard and the following: (1) The Department of Homeland Security. (2) The Department of Defense. (3) The Department of Transportation. (4) The Department of State. (5) The Department of the Interior. (6) The National Aeronautics and Space Administration. (7) The National Oceanic and Atmospheric Administration. (8) The Environmental Protection Agency. (9) The National Science Foundation. (10) The Arctic Research Commission. (11) Any Federal agency or commission or State the Commandant determines is appropriate. (c) Cooperation The Commandant and the head of a department or agency listed in subsection (b) may by agreement, on a reimbursable basis or otherwise, share personnel, services, equipment, and facilities to carry out the requirements of this section. (d) 5-year strategic plan Not later than January 1, 2016 and every 5 years thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a 5-year strategic plan to guide interagency and international intergovernmental cooperation and coordination for the purpose of improving maritime domain awareness in the Arctic. (e) Definitions In this section the term Arctic . (b) Clerical amendment The analysis for such chapter is amended by inserting after the item relating to section 153 the following: 154. Arctic maritime domain awareness. . 503. IMO Polar Code negotiations Not later than 30 days after the date of the enactment of this Act, and thereafter with the submission of the budget proposal submitted for each of fiscal years 2016, 2017, and 2018 under section 1105 (1) the status of the negotiations at the International Maritime Organization regarding the establishment of a draft international code of safety for ships operating in polar waters, popularly known as the Polar Code, and any amendments proposed by such a code to be made to the International Convention for the Safety of Life at Sea and the International Convention for the Prevention of Pollution from Ships; (2) the coming into effect of such a code and such amendments for nations that are parties to those conventions; (3) impacts, for coastal communities located in the Arctic (as that term is defined in the section 112 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4111 (A) the costs of delivering fuel and freight; and (B) the safety of maritime transportation; and (4) actions the Secretary must take to implement the requirements of such a code and such amendments. 504. Forward operating facilities The Secretary of the department in which the Coast Guard is operating may construct facilities in the Arctic (as that term is defined in section 112 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4111 (1) support aircraft maintenance, including exhaust ventilation, heat, an engine wash system, fuel, ground support services, and electrical power; (2) provide shelter for both current helicopter assets and those projected to be located at Air Station Kodiak, Alaska, for at least 20 years; and (3) include accommodations for personnel. 505. Icebreakers (a) Coast Guard polar icebreakers Section 222 of the Coast Guard and Maritime Transportation Act of 2012 ( Public Law 112–213 (1) in subsection (d)(2)— (A) in the paragraph heading by striking ; bridging strategy (B) by striking Commandant of the Coast Guard Commandant of the Coast Guard may decommission the Polar Sea. (2) by adding at the end of subsection (d) the following: (3) Result of no determination If in the analysis submitted under this section the Secretary does not make a determination under subsection (a)(5) regarding whether it is cost effective to reactivate the Polar Sea, then— (A) the Commandant of the Coast Guard may decommission the Polar Sea; or (B) the Secretary may make such determination, not later than 90 days after the date of the enactment of Howard Coble Coast Guard and Maritime Transportation Act of 2014 ; (3) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (4) by inserting after subsection (d) the following: (e) Strategies (1) In general Not later than 180 days after the date on which the analysis required under subsection (a) is submitted, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— (A) unless the Secretary makes a determination under this section that it is cost effective to reactivate the Polar Sea, a bridging strategy for maintaining the Coast Guard’s polar icebreaking services until at least September 30, 2024; (B) a strategy to meet the Coast Guard’s Arctic ice operations needs through September 30, 2050; and (C) a strategy to meet the Coast Guard’s Antarctic ice operations needs through September 30, 2050 (2) Requirement The strategies required under paragraph (1) shall include a business case analysis comparing the leasing and purchasing of icebreakers to maintain the needs and services described in that paragraph. . (b) Cutter Polar Sea Upon the submission of a service life extension plan in accordance with section 222(d)(1)(C) of the Coast Guard and Maritime Transportation Act of 2012 ( Public Law 112–213 Polar Sea (c) Limitation (1) In general The Secretary of the department in which the Coast Guard is operating may not expend amounts appropriated for the Coast Guard for any of fiscal years 2015 through 2024, for— (A) design activities related to a capability of a Polar-Class Icebreaker that is based solely on an operational requirement of another Federal department or agency, except for amounts appropriated for design activities for a fiscal year before fiscal year 2016; or (B) long-lead-time materials, production, or post-delivery activities related to such a capability. (2) Other amounts Amounts made available to the Secretary under an agreement with another Federal department or agency and expended on a capability of a Polar-Class Icebreaker that is based solely on an operational requirement of that or another Federal department or agency shall not be treated as amounts expended by the Secretary for purposes of the limitation established under paragraph (1). 506. Icebreaking in polar regions (a) In general Chapter 5 section 86 87. Icebreaking in polar regions The President shall facilitate planning for the design, procurement, maintenance, deployment, and operation of icebreakers as needed to support the statutory missions of the Coast Guard in the polar regions by allocating all funds to support icebreaking operations in such regions, except for recurring incremental costs associated with specific projects, to the Coast Guard. . (b) Clerical amendment The analysis for such chapter is amended by inserting after the item relating to section 86 the following: 87. Icebreaking in polar regions. . VI Miscellaneous 601. Distant water tuna fleet Section 421 of the Coast Guard and Maritime Transportation Act of 2006 ( 46 U.S.C. 8103 (1) by striking subsections (c) and (e); and (2) by redesignating subsections (d) and (f) as subsections (c) and (d), respectively. 602. Extension of moratorium Section 2(a) of Public Law 110–299 33 U.S.C. 1342 2014 2017 603. National maritime strategy (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of the department in which the Coast Guard is operating, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a national maritime strategy. (b) Contents The strategy required under subsection (a) shall— (1) identify— (A) Federal regulations and policies that reduce the competitiveness of United States flag vessels in international transportation markets; and (B) the impact of reduced cargo flow due to reductions in the number of members of the United States Armed Forces stationed or deployed outside of the United States; and (2) include recommendations to— (A) make United States flag vessels more competitive in shipping routes between United States and foreign ports; (B) increase the use of United States flag vessels to carry cargo imported to and exported from the United States; (C) ensure compliance by Federal agencies with chapter 553 (D) increase the use of third-party inspection and certification authorities to inspect and certify vessels; (E) increase the use of short sea transportation routes, including routes designated under section 55601(c) of title 46, United States Code, to enhance intermodal freight movements; and (F) enhance United States shipbuilding capability. 604. Waivers (a) John Craig (1) In general Section 8902 John Craig (2) Application Paragraph (1) shall apply on and after the date on which the Secretary of the department in which the Coast Guard is operating determines that a licensing requirement has been established under Kentucky State law that applies to an operator of the vessel John Craig (b) F/V Western Challenger Notwithstanding section 12132 F/V Western Challenger 605. Competition by United States flag vessels (a) In general The Commandant of the Coast Guard shall enter into an arrangement with the National Academy of Sciences to conduct an assessment of authorities under subtitle II of title 46, United States Code, that have been delegated to the Coast Guard and that impact the ability of vessels documented under the laws of the United States to effectively compete in international transportation markets. (b) Review of differences with IMO standards The assessment under subsection (a) shall include a review of differences between United States laws, policies, regulations, and guidance governing the inspection of vessels documented under the laws of the United States and standards set by the International Maritime Organization governing the inspection of vessels. (c) Deadline Not later than 180 days after the date on which the Commandant enters into an arrangement with the National Academy of Sciences under subsection (a), the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the assessment required under such subsection. 606. Vessel requirements for notices of arrival and departure and automatic identification system Not later than 30 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the status of the final rule that relates to the notice of proposed rulemaking titled Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System 607. Conveyance of Coast Guard property in Rochester, New York (a) Conveyance authorized The Commandant of the Coast Guard is authorized to convey, at fair market value, all right, title, and interest of the United States in and to a parcel of real property, consisting of approximately 0.2 acres, that is under the administrative control of the Coast Guard and located at 527 River Street in Rochester, New York. (b) Right of first refusal The City of Rochester, New York, shall have the right of first refusal with respect to the purchase, at fair market value, of the real property described in subsection (a). (c) Survey The exact acreage and legal description of the property described in subsection (a) shall be determined by a survey satisfactory to the Commandant. (d) Fair market value The fair market value of the property described in subsection (a) shall— (1) be determined by appraisal; and (2) be subject to the approval of the Commandant. (e) Costs of conveyance The responsibility for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with a conveyance under subsection (a) shall be determined by the Commandant and the purchaser. (f) Additional terms and conditions The Commandant may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Commandant considers appropriate and reasonable to protect the interests of the United States. (g) Deposit of proceeds Any proceeds from a conveyance under subsection (a) shall be deposited in the fund established under section 687 608. Conveyance of certain property in Gig Harbor, Washington (a) Definitions In this section, the following definitions apply: (1) City The term City (2) Property The term Property (3) Secretary The term “Secretary” means the Secretary of the Interior. (b) Conveyance (1) Authority to convey Not later than 30 days after the date on which the Secretary of the department in which the Coast Guard is operating relinquishes the reservation of the Property for lighthouse purposes, at the request of the City and subject to the requirements of this section, the Secretary shall convey to the City all right, title, and interest of the United States in and to the Property, notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (2) Terms of conveyance A conveyance made under paragraph (1) shall be made— (A) subject to valid existing rights; (B) at the fair market value as described in subsection (c); and (C) subject to any other condition that the Secretary may consider appropriate to protect the interests of the United States. (3) Costs The City shall pay any transaction or administrative costs associated with a conveyance under paragraph (1), including the costs of the appraisal, title searches, maps, and boundary and cadastral surveys. (4) Conveyance is not a major Federal action A conveyance under paragraph (1) shall not be considered a major Federal action for purposes of section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)). (c) Fair market value (1) Determination The fair market value of the Property shall be— (A) determined by an appraisal conducted by an independent appraiser selected by the Secretary; and (B) approved by the Secretary in accordance with paragraph (3). (2) Requirements An appraisal conducted under paragraph (1) shall— (A) be conducted in accordance with nationally recognized appraisal standards, including— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice; and (B) shall reflect the equitable considerations described in paragraph (3). (3) Equitable considerations In approving the fair market value of the Property under this subsection, the Secretary shall take into consideration matters of equity and fairness, including the City’s past and current lease of the Property, any maintenance or improvements by the City to the Property, and such other factors as the Secretary considers appropriate. (d) Revocation; reversion Effective on and after the date on which a conveyance of the Property is made under subsection (b)(1)— (1) Executive Order 3528, dated August 9, 1921, is revoked; and (2) the use of the tide and shore lands belonging to the State of Washington and adjoining and bordering the Property, that were granted to the Government of the United States pursuant to the Act of the Legislature, State of Washington, approved March 13, 1909, the same being chapter 110 of the Session Laws of 1909, shall revert to the State of Washington. 609. Vessel determination The vessel assigned United States official number 1205366 is deemed a new vessel effective on the date of delivery of the vessel after January 1, 2012, from a privately owned United States shipyard, if no encumbrances are on record with the Coast Guard at the time of the issuance of the new certificate of documentation for the vessel. 610. Safe vessel operation in Thunder Bay The Secretary of the department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may not prohibit a vessel operating within the existing boundaries and any future expanded boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve from taking up or discharging ballast water to allow for safe and efficient vessel operation if the uptake or discharge meets all Federal and State ballast water management requirements that would apply if the area were not a marine sanctuary. 611. Parking facilities (a) Allocation and assignment (1) In general Subject to the requirements of this section, the Administrator of General Services, in coordination with the Commandant of the Coast Guard, shall allocate and assign the spaces in parking facilities at the Department of Homeland Security St. Elizabeths Campus to allow any member or employee of the Coast Guard, who is assigned to the Campus, to use such spaces. (2) Timing In carrying out paragraph (1), and in addition to the parking spaces allocated and assigned to Coast Guard members and employees in fiscal year 2014, the Administrator shall allocate and assign not less than— (A) 300 parking spaces not later than September 30, 2015; (B) 700 parking spaces not later than September 30, 2016; and (C) 1,042 parking spaces not later than September 30, 2017. (b) Transportation management report Not later than 1 year after the date of the enactment of this Act, and each fiscal year thereafter in which spaces are allocated and assigned under subsection (a)(2), the Administrator shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on— (1) the impact of assigning and allocating parking spaces under subsection (a) on the congestion of roads connecting the St. Elizabeths Campus to the portions of Suitland Parkway and I–295 located in the Anacostia section of the District of Columbia; and (2) progress made toward completion of essential transportation improvements identified in the Transportation Management Program for the St. Elizabeths Campus. (c) Reallocation Notwithstanding subsection (a), the Administrator may revise the allocation and assignment of spaces to members and employees of the Coast Guard made under subsection (a) as necessary to accommodate employees of the Department of Homeland Security, other than the Coast Guard, when such employees are assigned to the St. Elizabeths Campus. Speaker of the House of Representatives Vice President of the United States and President of the Senate

Howard Coble Coast Guard and Maritime Transportation Act of 2014

Pause for Safety Act of 2014 - Authorizes the Director of the Office of Community Oriented Policing Services of the Department of Justice (DOJ) to make grants to to assist states in carrying out state legislation that: (1) authorizes family members or close associates of an individual to apply for, and state courts or magistrates to issue, gun violence prevention orders (prohibiting a named individual from owning, purchasing, possessing, or receiving firearms because such individual poses a significant threat of personal injury to the individual or others) and gun violence prevention warrants (directing a law enforcement officer to temporarily seize any firearm in the possession of such individual); and (2) requires each law enforcement agency of the state to comply with a procedure that requires a law enforcement officer, in conjunction with performing a wellness check (a visit to an individual's residence to assess whether the individual poses a danger to the individual or others due to a mental, behavioral, or physical condition), to check whether the individual is listed on any of the firearm and ammunition databases of the state or jurisdiction in which the individual resides. Requires: (1) a court issuing such an order and warrant to hold a hearing within 14 days to determine whether the individual who is the subject of the order may own, purchase, possess, or receive firearms and whether any seized firearms should be returned; (2) the state or petitioner to establish probable cause that the individual poses a significant risk of personal injury to the individual or others by owning or possessing the firearm; (3) the individual to be prohibited from possessing a firearm for up to one year if he or she is found to pose a significant threat; and (4) the firearm to be returned if the court finds that the state has not met the required standard of proof. Authorizes a law enforcement agency to seek renewal of an order if it has probable cause to believe the individual continues to pose a threat. Amends the federal criminal court to prohibit: (1) the sale or disposition of a firearm or ammunition to anyone subject to such an order; and (2) any person subject to such an order from owning, purchasing, possessing, or receiving any firearms.

113 S2445 IS: Pause for Safety Act of 2014 U.S. Senate 2014-06-05 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. 2445 IN THE SENATE OF THE UNITED STATES June 5, 2014 Mrs. Boxer Mrs. Feinstein Committee on the Judiciary A BILL To provide family members and close associates of an individual who they fear is a danger to himself, herself, or others new tools to prevent gun violence. 1. Short title This Act may be cited as the Pause for Safety Act of 2014 2. Definitions In this Act— (1) the term close associate (A) a dating partner, friend, co-worker, or neighbor of the individual; or (B) any other person who has a relationship with the individual so as to be concerned about the safety and well-being of the individual, as determined by a State; (2) the term family member (3) the term firearm section 921 (4) the term gun violence prevention order (5) the term gun violence prevention warrant (6) the term law enforcement officer (7) the term wellness check 3. National gun violence prevention order and warrant law (a) Enactment of gun violence prevention order law In order to receive a grant under section 4, on the date that is 3 years after the date of enactment of this Act, each State shall have in effect legislation that— (1) authorizes a gun violence prevention order and gun violence prevention warrant in accordance with subsection (b); and (2) requires each law enforcement agency of the State to comply with subsection (c). (b) Requirements for gun violence prevention orders and warrants Legislation required under subsection (a) shall be subject to the following requirements: (1) Application for gun violence prevention order A family member or close associate of an individual may submit an application to a State court, on a form designed by the court, that— (A) describes the facts and circumstances necessitating that a gun violence prevention order be issued against the named individual; (B) is signed by the applicant, under oath; and (C) includes any additional information required by the State court or magistrate (or other comparable judicial officer) to demonstrate that possession of a firearm by the named individual poses a significant risk of personal injury to the named individual or others. (2) Examination of applicant and witnesses A State court or magistrate (or other comparable judicial officer) may, before issuing a gun violence prevention order— (A) examine under oath, the individual who applied for the order under paragraph (1) and any witnesses the individual produces; and (B) (i) require that the individual or any witness submit a signed affidavit, which describes the facts the applicant or witness believes establish the grounds of the application; or (ii) take an oral statement from the individual or witness under oath. (3) Standard for issuance of order (A) In general A State court or magistrate (or other comparable judicial officer) may issue a gun violence prevention order only upon a finding of probable cause that possession of a firearm by the named individual poses a significant risk of personal injury to the named individual or others. (B) Notification (i) In general The court shall notify the Department of Justice and comparable State agency of the gun violence prevention order not later than 2 court days after issuing the order. The court shall also notify the Department of Justice and comparable State agency of any order restoring the ability of the individual to own or possess firearms not later than 2 court days after issuing the order to restore the individual’s right to own or possess any type of firearms that may be lawfully owned and possessed. Such notice shall be submitted in an electronic format, in a manner prescribed by the Department of Justice and the comparable State agency. (ii) Update of databases As soon as practicable after receiving a notification under clause (i), the Department of Justice and comparable State agency shall update the background check databases of the Department and agency, respectively, to reflect the prohibitions articulated in the gun violence prevention order. (4) Issuance of gun violence prevention warrant (A) In general After issuing a gun violence prevention order, a State court or magistrate (or other comparable judicial officer) shall, upon a finding of probable cause to believe that the named individual subject to the order has a firearm in his custody or control, issue a gun violence prevention warrant ordering the temporary seizure of all firearms specified in the warrant. (B) Requirement Subject to paragraph (6), a gun violence prevention warrant issued under subparagraph (A) shall require that any firearm described in the warrant be taken from any place, or from any individual in whose possession, the firearm may be. (5) Service of gun violence prevention order When serving a gun violence prevention order, a law enforcement officer shall provide the individual with a form to request a hearing in accordance with paragraph (6)(F). (6) Temporary seizure of firearms (A) In general When a law enforcement officer takes property under a gun violence prevention warrant, the law enforcement officer shall give a receipt for the property taken, specifying the property in detail, to the individual from whom it was taken. In the absence of a person, the law enforcement officer shall leave the receipt in the place where the law enforcement officer found the property. (B) Temporary custody of seized firearms All firearms seized pursuant to a gun violence prevention warrant shall be retained by the law enforcement officer or the law enforcement agency in custody, subject to the order of the court that issued the warrant or to any other court in which an offense with respect to the firearm is triable. (C) Limitation on seizure of firearms If the location to be searched during the execution of a gun violence prevention warrant is jointly occupied by multiple parties and a firearm is located during the execution of the seizure warrant, and it is determined that the firearm is owned by an individual other than the individual named in the gun violence prevention warrant, the firearm may not be seized if— (i) the firearm is stored in a manner that the individual named in the gun violence prevention warrant does not have access to or control of the firearm; and (ii) there is no evidence of unlawful possession of the firearm by the owner. (D) Gun safe If the location to be searched during the execution of a gun violence prevention warrant is jointly occupied by multiple parties and a gun safe is located, and it is determined that the gun safe is owned by an individual other than the individual named in the gun violence prevention warrant, the contents of the gun safe shall not be searched except in the owner’s presence, or with the owner's consent, or unless a valid search warrant has been obtained. (E) Return of firearm to rightful owner If any individual who is not a named individual in a gun violence prevention warrant claims title to a firearm seized pursuant to a gun violence prevention warrant, the firearm shall be returned to the lawful owner not later than 30 days after the date on which the title is claimed. (F) Right to request a hearing A named individual may submit 1 written request at any time during the effective period of a gun violence prevention order issued against the individual for a hearing for an order allowing the individual to own, possess, purchase, or receive a firearm. (7) Hearing on gun violence prevention order and gun violence prevention warrant (A) In general Except as provided in subparagraph (E), not later than 14 days after the date on which a gun violence prevention order and, when applicable, a gun violence prevention warrant, is issued, the court that issued the order and, when applicable, the warrant, or another court in that same jurisdiction, shall hold a hearing to determine whether the individual who is the subject of the order may have under the custody or control of the individual, own, purchase, possess, or receive firearms and, when applicable, whether any seized firearms should be returned to the individual named in the warrant. (B) Notice The individual named in a gun violence prevention order requested to be renewed under subparagraph (A) shall be given written notice and an opportunity to be heard on the matter. (C) Burden of proof (i) In general Except as provided in clause (ii), at any hearing conducted under subparagraph (A), the State or petitioner shall have the burden of establishing probable cause that the individual poses a significant risk of personal injury to the individual or others by owning or possessing the firearm. (ii) Higher burden of proof A State may establish a burden of proof for hearings conducted under subparagraph (A) that is higher than the burden of proof required under clause (i). (D) Requirements upon finding of significant risk If the named individual is found at the hearing to pose a significant risk of personal injury to the named individual or others by owning or possessing a firearm, the following shall apply: (i) The firearm or firearms seized pursuant to the warrant shall be retained by the law enforcement agency for a period not to exceed 1 year. (ii) The named individual shall be prohibited from owning or possessing, purchasing or receiving, or attempting to purchase or receive a firearm for a period not to exceed 1 year, a violation of which shall be considered a misdemeanor offense. (iii) The court shall notify the Department of Justice and comparable State agency of the gun violence prevention order not later than 2 court days after issuing the order. The court shall also notify the Department of Justice and comparable State agency of any order restoring the ability of the individual to own or possess firearms not later than 2 court days after issuing the order to restore the individual's right to own or possess any type of firearms that may be lawfully owned and possessed. Such notice shall be submitted in an electronic format, in a manner prescribed by the Department of Justice and the comparable State agency. (iv) As soon as practicable after receiving a notification under clause (iii), the Department of Justice and comparable State agency shall update the background check databases of the Department and agency, respectively, to reflect— (I) the prohibitions articulated in the gun violence prevention order; or (II) an order issued to restore an individual's right to own or possess a firearm. (E) Return of firearms If the court finds that the State has not met the required standard of proof, any firearm seized pursuant to the warrant shall be returned to the named individual not later than 30 days after the hearing. (F) Limitation on hearing requirement If an individual named in a gun violence prevention warrant is prohibited from owning or possessing a firearm for a period of 1 year or more by another provision of State or Federal law, a hearing pursuant to subparagraph (A) is not required and the court shall issue an order to hold the firearm until either the individual is no longer prohibited from owning a firearm or the individual sells or transfers ownership of the firearm to a licensed firearm dealer. (8) Renewing gun violence prevention order and gun violence prevention warrant (A) In general Except as provided in subparagraph (E), if a law enforcement agency has probable cause to believe that an individual who is subject to a gun violence prevention order continues to pose a significant risk of personal injury to the named individual or others by possessing a firearm, the agency may initiate a request for a renewal of the order, on a form designed by the court, describing the facts and circumstances necessitating the request. (B) Notice The individual named in the gun violence prevention order requested to be renewed under subparagraph (A) shall be given written notice and an opportunity to be heard on the matter. (C) Hearing After notice is given under subparagraph (B), a hearing shall be held to determine if a request for renewal of the order shall be issued. (D) Issuance of renewal Except as provided in subparagraph (E), a State court may issue a renewal of a gun violence prevention order if there is probable cause to believe that the individual who is subject to the order continues to pose a significant risk of personal injury to the named individual or others by possessing a firearm. (E) Higher burden of proof A State may establish a burden of proof for initiating a request for or issuing a renewal of a gun violence prevention order that is higher than the burden of proof required under subparagraph (A) or (D). (F) Notification (i) In general The court shall notify the Department of Justice and comparable State agency of a renewal of the gun violence prevention order not later than 2 court days after renewing the order. The court shall also notify the Department of Justice and comparable State agency of any order restoring the ability of the individual to own or possess firearms not later than 2 court days after issuing the order to restore the individual’s right to own or possess any type of firearms that may be lawfully owned and possessed. Such notice shall be submitted in an electronic format, in a manner prescribed by the Department of Justice and the comparable State agency. (ii) Update of databases As soon as practicable after receiving a notification under clause (i), the Department of Justice and comparable State agency shall update the background check databases of the Department and agency, respectively, to reflect— (I) the prohibitions articulated in the renewal of the gun violence prevention order; or (II) an order issued to restore an individual's right to own or possess a firearm. (c) Law enforcement check of State firearm database Each law enforcement agency of the State shall establish a procedure that requires a law enforcement officer to, in conjunction with performing a wellness check on an individual, check whether the individual is listed on any of the firearm and ammunition databases of the State or jurisdiction in which the individual resides. (d) Confidentiality protections All information provided to the Department of Justice and comparable State agency pursuant to legislation required under subsection (a) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice and comparable State agency. 4. Pause for Safety grant program (a) In general The Director of the Office of Community Oriented Policing Services of the Department of Justice may make grants to an eligible State to assist the State in carrying out the provisions of the State legislation described in section 3. (b) Eligible State A State shall be eligible to receive grants under this section on and after the date on which— (1) the State enacts legislation described in section 3; and (2) the Attorney General determines that the legislation of the State described in paragraph (1) complies with the requirements of section 3. (c) Use of funds Funds awarded under this section may be used by a State to assist law enforcement agencies or the courts of the State in carrying out the provisions of the State legislation described in section 3. (d) Application An eligible State desiring a grant under this section shall submit to the Director of the Office of Community Oriented Policing Services an application at such time, in such manner, and containing or accompanied by such information, as the Director may reasonably require. (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 5. Federal firearms prohibition Section 922 (1) in subsection (d)— (A) in paragraph (8)(B)(ii), by striking or (B) in paragraph (9), by striking the period at the end and inserting ; or (C) by inserting after paragraph (9) the following: (10) is subject to a court order that prohibits such person from having under the custody or control of the person, owning, purchasing, possessing, or receiving any firearms. ; and (2) in subsection (g)— (A) in paragraph (8)(C)(ii), by striking or (B) in paragraph (9), by striking the comma at the end and inserting ; or (C) by inserting after paragraph (9) the following: (10) who is subject to a court order that prohibits such person from having under the custody or control of the person, owning, purchasing, possessing, or receiving any firearms, . 6. Full faith and credit Any gun violence prevention order issued under a State law enacted in accordance with this Act shall have the same full faith and credit in every court within the United States as they have by law or usage in the courts of such State from which they are issued. 7. Severability If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.

Pause for Safety Act of 2014

Truth in Obamacare Accounting Act - Requires the Congressional Budget Office (CBO) to provide regular estimates of the net effect that enactment and implementation of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 had on direct spending, revenue, and the deficit. Requires CBO to include the estimates in each annual and revised report on the budget and economic outlook prepared pursuant to the Congressional Budget Act of 1974.

113 S2446 IS: Truth in Obamacare Accounting Act U.S. Senate 2014-06-05 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. 2446 IN THE SENATE OF THE UNITED STATES June 5, 2014 Mr. Johnson of Wisconsin Committee on the Budget A BILL To require the Congressional Budget Office to annually report changes in direct spending and revenue associated with the Patient Protection and Affordable Care Act. 1. Short title This Act may be cited as the Truth in Obamacare Accounting Act 2. Congressional Budget Office reporting on the Patient Protection and Affordable Care Act The Congressional Budget Office shall include in each annual report on the budget and economic outlook, and each revision of such a report, prepared under section 202(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 602(e) Public Law 111–148 Public Law 111–152

Truth in Obamacare Accounting Act

Servicemember Higher Education Protection Act - Amends the Higher Education Act of 1965 (HEA) to direct: the Secretary of Education (Secretary) to create a revised and searchable website with information about all federal and state student financial assistance programs available to servicemembers, veterans, and their families; the Secretary to create a simplified federal student loan disclosure and enrollment form for borrowers who are performing eligible military service; the Chief Operating Officer of the Performance-Based Organization established in the Department of Education to appoint a military and veteran point of contact, within the office of the Student Loan Ombudsman, to help ensure that servicemembers, veterans, and their families receive the loan benefits and protections to which they are entitled; the Department of Defense (DOD), Department of Veterans Affairs (VA), and Secretary to ensure that the federal student loans of a servicemember or veteran who has been assigned a disability rating of 100% are automatically discharged; the Secretary to work with the Commissioner of Revenue (IRS) and DOD to ensure that interest does not accrue on the Federal Direct Loans of borrowers who are performing eligible military service in an area of hostilities that qualifies them for special pay; the Secretary to incorporate the military and veteran status of borrowers in the National Student Loan Data system; an Institution of Higher Education (IHE) that enrolls more than 100 students who are veterans to certify that it has developed and implemented a plan to ensure the success of veterans at that IHE; and the Secretary to use information the Secretary receives from DOD regarding the active duty status of borrowers to ensure that the interest rate charged servicemembers on a Federal Direct Loan does not exceed the maximum interest rate allowed under the Servicemembers Civil Relief Act. Defers payments on student loans under title IV (Student Assistance) of the HEA: (1) during the period a borrower is performing eligible military service and for the 180-day period following the servicemember's demobilization date; and (2) for any period of up to 180 days after the movement date of a borrower's spouse if that spouse is a servicemember who has received military orders for a permanent change of station. Defines "eligible military service." Qualifies recipients of Federal Perkins Loans for loan forgiveness for eligible military service. (Currently, the service must occur in an area of hostilities that qualifies the servicemember for special pay.) Treats a borrower who is enrolled in a public service employee repayment plan and who makes a lump sum payment through a student loan repayment program for servicemembers or a similarly structured repayment program as having made a number of qualifying monthly payments under the public service employee repayment plan. Amends the Servicemembers Civil Relief Act to set a 6% limitation on the interest rate that can be charged a servicemember during the servicemember's military service and one year thereafter on the student loans incurred by the servicemember prior to his or her military service, including student loans incurred prior to such service but consolidated or refinanced during that service. Requires DOD, the Secretary, the VA, and the Director of the Consumer Financial Protection Bureau (CFPB) to jointly establish and maintain a working group to assess and improve the resources available to education service officers and other federal personnel who provide assistance to servicemembers and their spouses in using or seeking to use the DOD's tuition assistance programs.

113 S2448 IS: Servicemember Higher Education Protection Act U.S. Senate 2014-06-05 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. 2448 IN THE SENATE OF THE UNITED STATES June 5, 2014 Mrs. Hagan Committee on Veterans' Affairs A BILL To protect servicemembers in higher education, and for other purposes. 1. Short title This Act may be cited as the Servicemember Higher Education Protection Act 2. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. 3. Benefits for borrowers who are members of the Armed Forces Section 131(f) is amended to read as follows: (f) Benefits for members of the Armed Forces (1) Website (A) In General The Secretary, in coordination with the Secretary of Defense and the Secretary of Veterans Affairs, shall create a revised and updated searchable Internet website that— (i) contains information, in simple and understandable terms, about all Federal and State student financial assistance, readmission requirements under section 484C, and other student services, for which members of the Armed Forces (including members of the National Guard and Reserves), veterans, and the dependents of such members or veterans may be eligible; and (ii) is easily accessible through the Internet website described in subsection (e)(3). (B) Implementation Not later than 365 days after the date of the enactment of the Servicemember Higher Education Protection Act (C) Dissemination The Secretary, in coordination with the Secretary of Defense and the Secretary of Veterans Affairs, shall make the availability of the Internet website described in subparagraph (A) widely known to members of the Armed Forces (including members of the National Guard and Reserves), veterans, the dependents of such members or veterans, States, institutions of higher education, and the general public. (D) Definition In this paragraph, the term Federal and State student financial assistance (i) administered, sponsored, or supported by the Department of Education, the Department of Defense, the Department of Veterans Affairs, or a State; and (ii) available to members of the Armed Forces (including members of the National Guard and Reserves), veterans, or the dependents of such members or veterans. (2) Enrollment Form (A) In General The Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection and the heads of any other relevant Federal agencies, shall create a simplified disclosure and enrollment form for borrowers who are performing eligible military service (as defined in section 481(d)). (B) Contents The disclosure and enrollment form described in subparagraph (A) shall include— (i) information about the benefits and protections under title IV and under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) that are available to such borrowers because of their status as borrowers who are performing eligible military service (as defined in section 481(d)); and (ii) an opportunity for the borrower, by completing the enrollment form, to invoke certain protections, activate certain benefits, and enroll in certain programs that may be available to that borrower, which shall include the opportunity— (I) to invoke applicable protections that are available under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.), as such protections relate to Federal student loans under title IV; and (II) to activate or enroll in any other applicable benefits that are available to such borrower under this Act due to the borrower's status as a borrower who is performing eligible military service (as defined in section 481(d)), such as eligibility for a deferment or eligibility for a period during which interest shall not accrue. (C) Implementation Not later than 365 days after the date of the enactment of the Servicemember Higher Education Protection Act (D) Notice Requirements (i) SCRA interest rate limitation The completion of the disclosure and enrollment form created pursuant to subparagraph (A) by the borrower of a loan made, insured, or guaranteed under part B or part D of title IV who is otherwise subject to the interest rate limitation in subsection (a) of section 207 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527(a) (ii) FFEL Lenders The Secretary shall provide each such disclosure and enrollment form completed and submitted by a borrower of a loan made, insured, or guaranteed under part B of title IV who is otherwise subject to the interest rate limitation in subsection (a) of section 207 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527(a) . 4. POC in the FSA Ombudsman for members of the Armed Forces and veterans Section 141(f) ( 20 U.S.C. 1018(f) (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Military and Veteran Point of Contact (A) In general The Chief Operating Officer, in consultation with the Secretary, shall appoint a designated military and veteran point of contact within the office of the Student Loan Ombudsman. (B) Functions The designated military and veteran point of contact described in subparagraph (A) shall— (i) monitor the complaints received from the Ombudsman under paragraph (3)(A) from, and provide timely assistance to, members of the Armed Forces (including members of the National Guard and Reserves), veterans, and their dependents; (ii) coordinate with other agencies, including the Department of Defense, the Department of Veterans Affairs, and the Bureau of Consumer Financial Protection, to ensure that members of the Armed Forces, veterans, and the dependents of members of the Armed Forces and veterans, who are students, borrowers, or potential borrowers, are aware of the availability and functions of the Ombudsman; and (iii) issue to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives an annual report on the challenges that such members of the Armed Forces, veterans, and dependents are facing as students, borrowers, and potential borrowers. . 5. Disability determinations (a) Amendment to the Higher Education Act of 1965 Section 437(a)(2) ( 20 U.S.C. 1087(a)(2) (2) Disability determinations (A) In General A borrower who has been assigned a disability rating of 100 percent (or a combination of ratings equaling 100 percent or more) by the Secretary of Veterans Affairs or the Secretary of Defense for a service-connected disability (as defined in section 101 (B) Rating of disability A disability rating described in subparagraph (A), or similar determination of unemployability by the Secretary of Veterans Affairs or the Department of Defense, transmitted in accordance with subparagraph (C) shall be considered sufficient documentation for purposes of this subsection. (C) Transfer of information Not later than 180 days after the date of enactment of the Servicemember Higher Education Protection Act . (b) Reports (1) Plan Not later than 90 days after the date of the enactment of this Act, the Secretary of Education shall submit to the appropriate committees of Congress a report that includes a plan to carry out the activities described under section 437(a)(2)(C) of the Higher Education Act of 1965 ( 20 U.S.C. 1087(a)(2) (2) Follow-up Report If the Secretary of Education has not carried out the activities described under section 437(a)(2)(C) of the Higher Education Act of 1965, as amended by this section, by the date that is 1 year after the date of enactment of this Act, the Secretary of Education shall submit, by such date, a report that includes an explanation of why those activities have not been implemented and a description of any legislative changes that are necessary to allow for the implementation of such activities. 6. Loan deferment for borrowers performing military service and certain spouses of members of the Armed Forces (a) FFEL Loans Section 428(b)(1)(M) ( 20 U.S.C. 1078(b)(1)(M) (1) by redesignating clause (iv) as clause (v); (2) in clause (iii), by striking the borrower— described in subclause (I) or (II); or the borrower is performing eligible military service, and for the 180-day period following the demobilization date for such eligible military service; (3) by inserting after clause (iii) the following: (iv) not in excess of 180 days after the effective movement date listed on the military orders of a borrower's spouse if that spouse is a member of the Armed Forces who has received military orders for a permanent change of station; or . (b) Direct Loans Section 455(f)(2) ( 20 U.S.C. 1087e(f)(2) (1) by redesignating subparagraph (D) as subparagraph (E); (2) in subparagraph (C), by striking the borrower— described in clause (i) or (ii); or the borrower is performing eligible military service, and for the 180-day period following the demobilization date for such eligible military service; (3) by inserting after subparagraph (C) the following: (D) any period not in excess of 180 days after the effective movement date listed on the military orders of a borrower's spouse if that spouse is a member of the Armed Forces who has received military orders for a permanent change of station; or . (c) Federal Perkins Loans (1) Section 464(c)(2)(A) ( 20 U.S.C. 1087dd(c)(2)(A) (A) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; (B) in clause (iii), by striking the borrower— described in subclause (I) or (II); during which the borrower is performing eligible military service, and for the 180-day period following the demobilization date for such eligible military service; (C) by inserting after clause (iii) the following: (iv) not in excess of 180 days after the effective movement date listed on the military orders of a borrower's spouse if that spouse is a member of the Armed Forces who has received military orders for a permanent change of station; or . (2) Section 465(a)(2)(D) ( 20 U.S.C. 1087ee(a)(2)(D) qualifies for special pay under section 310 is eligible military service (d) Definition Section 481(d) ( 20 U.S.C. 1088(d) (1) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (2) by inserting after paragraph (1) the following: (2) Eligible military service The term eligible military service (A) in the case of a member of a regular component of the Armed Forces, means full-time duty in the Armed Forces, other than active duty for training (as defined in section 101 of title 38, United States Code); (B) in the case of a member of the reserve components of the Armed Forces, means service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, United States Code, or section 712 (C) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, means, in addition to service described in subparagraph (B), full-time service— (i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or (ii) in the National Guard under section 502(f) (D) in the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service; and (E) does not include any period during which an individual— (i) was assigned full-time by the Armed Forces to a civilian institution for a course of education that was substantially the same as established courses offered to civilians; (ii) serves as a cadet or midshipman at one of the military service academies of the United States; or (iii) serves under the provisions of section 12103(d) . 7. Public service loan forgiveness Section 455(m) ( 20 U.S.C. 1087e(m) (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: (3) Lump sum payment For purposes of this subsection, if a borrower has enrolled in a repayment plan described in paragraph (1)(A) and makes a lump sum payment through a student loan repayment program under section 2171 of title 10, United States Code, or a similarly structured eligible repayment program (as determined by the Secretary), the Secretary will treat the borrower as having made a number of qualifying payments equal to the lesser of— (A) the number, rounded to the nearest whole number, equal to the quotient of— (i) such lump sum payment; divided by (ii) the monthly payment amount that the borrower would have otherwise made under the repayment plan described in paragraph (1)(A) selected by the borrower; or (B) 12 payments. . 8. Accrual of interest for members of the Armed Forces subject to hostile fire or imminent danger Section 455(o) is amended— (1) by striking paragraph (1) and inserting the following: (1) In General Notwithstanding any other provision of this part and in accordance with paragraphs (2) and (4), the Secretary shall not charge interest on a loan made to a borrower under this part for which the first disbursement is made on or after October 1, 2008, during the period in which a borrower who is performing eligible military service (as defined in section 481(d)) is serving in an area of hostilities in which service qualifies for special pay under section 310 ; (2) by striking paragraph (3) and inserting the following: (3) Implementation of accrual of interest provision for members of the Armed Forces (A) In General The Secretary shall enter into any necessary agreements, including agreements with the Commissioner of Revenue and the Secretary of Defense— (i) to ensure that interest does not accrue for borrowers described in paragraph (1), in accordance with this subsection; and (ii) to obtain or provide any information necessary to implement clause (i) without requiring a request from the borrower. (B) Reports (i) Plan Not later than 90 days after the date of the enactment of the Servicemember Higher Education Protection Act (ii) Follow-up Report If the Secretary has not implemented the accrual of interest provision described in subparagraph (A) by the date that is 1 year after the date of enactment of the Servicemember Higher Education Protection Act ; and (3) in paragraph (4), by striking who qualifies as an eligible military borrower under this subsection described in paragraph (1) 9. National Student Loan Data System (a) Amendment to the Higher Education Act of 1965 Subsection (h) of section 485B ( 20 U.S.C. 1092b(h) (h) Integration of databases (1) In General The Secretary shall integrate the National Student Loan Data System with the Federal Pell Grant applicant and recipient databases as of January 1, 1994, and any other databases containing information on participation in programs under this title. (2) Department of Defense Information (A) In General In order to incorporate the military and veteran status of borrowers into the National Student Loan Data System, the Secretary shall integrate the National Student Loan Data System with information from— (i) the Department of Defense, including the Defense Manpower Data Center; and (ii) the Department of Veterans Affairs, including data about veterans who are eligible for educational assistance under laws administered by the Secretary of Veterans Affairs. (B) Memoranda of understanding The Secretary shall enter into any memoranda of understanding or other agreements that are necessary to carry out this paragraph. . (b) Reports (1) Plan Not later than 90 days after the date of the enactment of this Act, the Secretary of Education shall submit to the appropriate committees of Congress a report that includes a plan to implement the Department of Defense data integration provision described under section 485B(h)(2) of the Higher Education Act of 1965, as amended by this section. (2) Follow-up Report If the Secretary of Education has not implemented the Department of Defense data integration provision described under section 485B(h)(2) of the Higher Education Act of 1965, as amended by this section, by the date that is 1 year after the date of enactment of this Act, the Secretary of Education shall submit, by such date, a report that includes an explanation of why such provision has not been implemented and a description of any legislative changes that are necessary to allow for the implementation of such provision. 10. Program participation agreements Section 487(a) is amended by adding at the end the following: (30) In the case of an institution that enrolls during an academic year more than 100 students who are veterans, the institution shall certify that the institution has developed and implemented a plan to ensure the success of veterans at that institution. To the extent practicable, the institution shall make the plan, and associated policies, public and accessible to students who are veterans. Such plan shall include the following: (A) The designation of certain faculty or staff at the institution who will serve as a point of contact for veterans— (i) within campus offices, including the admissions office; and (ii) during any orientation process for newly enrolled students. (B) The establishment of a working group that will be responsible for veterans' issues. (C) A description of disability services that are available to meet the needs of disabled students who are veterans. (D) A plan for how the institution will identify students who are veterans through the application process, or through other processes, to provide better assistance in the receipt of educational assistance under laws administered by the Secretary of Veterans Affairs or the Secretary of Defense. (E) A description of how the institution will evaluate and maximize the number of credits students can receive from military training and service. . 11. Extending the protections for student loans for active duty borrowers Section 493D ( 20 U.S.C. 1098f (1) in the section heading, by inserting and protections for active duty borrowers (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: (b) Use of information (1) In general The Secretary shall utilize information the Secretary receives regarding the active duty status of borrowers from the Secretary of Defense for any purpose under this title to ensure that the interest rate charged on any loan made under part D of title IV for borrowers who are subject to section 207(a)(1) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527(a)(1) (2) SCRA interest rate limitation notice requirements The submittal by the Secretary of Defense to the Secretary of Education of information that informs the Secretary of Education that an individual with a student loan under part D of title IV has been or is being called to military service (as defined in section 101 of the Servicemembers Civil Relief Act ( 50 U.S.C. 511 50 U.S.C. App. 527 (3) Procedures Not later than 180 days after the date of enactment of the Servicemember Higher Education Protection Act . 12. Modification of limitation on rate of interest on student loans during and immediately after period of military service (a) Extension of period of applicability of limitation on rate of interest on student loans incurred before service Section 207(a)(1) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 527(a)(1) (1) in subparagraph (A), by inserting or a student loan nature of a mortgage (2) in the paragraph heading, by inserting on debt incurred before service Limitation to 6 percent (b) Debt entered into during military service To consolidate or refinance student loans incurred before military service Subsection (a) of section 207 of such Act ( 50 U.S.C. App. 527 (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) by inserting after paragraph (1) the following new paragraph (2): (2) Limitation to 6 percent on debt incurred during service to consolidate or refinance student loans incurred before service An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemember and the servicemember's spouse jointly, during military service to consolidate or refinance one or more student loans incurred by the servicemember before such military service shall not bear an interest at a rate in excess of 6 percent during the period of military service and one year thereafter. ; (3) in paragraph (3), as redesignated by paragraph (1) of this subsection, by inserting or (2) paragraph (1) (4) in paragraph (4), as so redesignated, by striking paragraph (2) paragraph (3) (c) Implementation of limitation Subsection (b) of such section is amended— (1) in paragraph (1), by striking the interest rate limitation in subsection (a) an interest rate limitation in paragraph (1) or (2) of subsection (a) (2) in paragraph (2)— (A) in the paragraph heading, by striking as of date of order to active duty (B) by inserting before the period at the end the following: in the case of an obligation or liability covered by subsection (a)(1), or as of the date the servicemember (or servicemember and spouse jointly) incurs the obligation or liability concerned under subsection (a)(2) (d) Student loan defined Subsection (d) of such section is amended by adding at the end the following new paragraph: (3) Student loan The term student loan (A) A Federal student loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) A private student loan as that term is defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). . 13. Working group on improvement of resources available to members of the Armed Forces and their spouses in using tuition assistance programs of the Department of Defense (a) Working group required The Secretary of Defense, the Secretary of Education, the Secretary of Veterans Affairs, and the Director of the Bureau of Consumer Financial Protection shall jointly, and in consultation with the heads of such other departments and agencies of the Federal Government as such officials consider appropriate, establish and maintain a working group to assess and improve the resources available to education service officers and other personnel of the Federal Government who provide assistance to members of the Armed Forces and their spouses in using or seeking to use the tuition assistance programs of the Department of Defense. (b) Resources In improving resources as described in subsection (a), the working group shall provide for the inclusion of the following in such resources: (1) Information on the benefits and protections for members of the Armed Forces and their dependents provided in this Act and the amendments made by this Act. (2) Consumer information, resources, and tools created and maintained by the working group pursuant to this section. (3) Information on the availability of consumer protection measures, including the complaint system established pursuant to Executive Order 13607 (77 Fed. Reg. 25861; relating to establishing principles of excellence for educational institutions serving servicemembers, veterans, spouses, and other family members). (4) Such other information or resources as the working group considers appropriate. 14. Exception for Servicemembers Civil Relief Act Section 428(d) ( 20 U.S.C. 1078(d) 50 U.S.C. App. 527

Servicemember Higher Education Protection Act

Autism Collaboration, Accountability, Research, Education, and Support Act of 2014 or the Autism CARES Act of 2014 - (Sec. 2) Requires the Secretary of Health and Human Services (HHS) to designate an official to oversee national autism spectrum disorder (ASD) research, services, and support activities. Directs the official to implement such activities taking into account the strategic plan developed by the Interagency Autism Coordinating Committee (the Interagency Committee) and ensure that duplication of activities by federal agencies is minimized. Extends through FY2019: (1) the developmental disabilities surveillance and research program; (2) the autism education, early detection, and intervention program; and (3) the Interagency Committee. (Sec. 3) Includes support for regional centers of excellence in ASD and other developmental disabilities epidemiology as a purpose of grants or cooperative agreements. (Sec. 4) Requires information and education activities to be culturally competent. Allows a lead agency coordinating activities at the state level to include respite care for caregivers. Allows the use of research centers or networks for the provision of training in respite care and for research to determine practices for interventions to improve the health of individuals with ASD. (Sec. 5) Revises responsibilities of the Interagency Committee concerning: inclusion of school- and community-based interventions in the Committee summary of advances, monitoring of ASD research and federal services and support activities, recommendations to the Director of the National Institutes of Health regarding the strategic plan, recommendations regarding the process by which public feedback can be better integrated into ASD decisions, strategic plan updates and recommendations to minimize duplication, and reports to the President and Congress. Revises Interagency Committee membership requirements to specify additional federal agencies that might be represented and to modify the non-federal membership. (Sec. 6) Modifies requirements for reports by the Secretary on ASD activities. Adds a requirement for a report to Congress concerning young adults with ASD and the challenges related to the transition from existing school-based services to those available during adulthood. (Sec. 7) Authorizes appropriations to carry out the developmental disabilities surveillance and research program, the education, early detection, and intervention program, and the Interagency Committee for FY2015-FY2019.

113 S2449 IS: Autism Collaboration, Accountability, Research, Education, and Support Act of 2014 U.S. Senate 2014-06-09 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. 2449 IN THE SENATE OF THE UNITED STATES June 9, 2014 Mr. Menendez Mr. Enzi Committee on Health, Education, Labor, and Pensions A BILL To reauthorize certain provisions of the Public Health Service Act relating to autism, and for other purposes. 1. Short title This Act may be cited as the Autism Collaboration, Accountability, Research, Education, and Support Act of 2014 Autism CARES Act of 2014 2. National Autism Spectrum Disorder Initiative (a) In general The Secretary of Health and Human Services shall designate an existing official within the Department of Health and Human Services to oversee, in consultation with the Secretaries of Defense and Education, national autism spectrum disorder research, services, and support activities. (b) Duties The official designated under subsection (a) shall— (1) implement autism spectrum disorder activities, taking into account the strategic plan developed by the Interagency Autism Coordinating Committee under section 399CC(b) of the Public Health Service Act ( 42 U.S.C. 280i–2(b) (2) ensure that autism spectrum disorder activities of the Department of Health and Human Services and of other Federal departments and agencies are not unnecessarily duplicative. 3. Research program Section 399AA of the Public Health Service Act ( 42 U.S.C. 280i (1) in subsection (a)(1), by inserting for children and adults reporting of State epidemiological data (2) in subsection (b)(1)— (A) by striking establishment of regional centers of excellence establishment or support of regional centers of excellence (B) by inserting for children and adults (3) in subsection (b)(2), by striking center to be established center to be established or supported (4) in subsection (e), by striking 2014 2019 4. Autism intervention Section 399BB of the Public Health Service Act ( 42 U.S.C. 280i–1 (1) in subsection (b)(1), by inserting culturally competent provide (2) in subsection (c)(2)(A)(ii), by inserting (which may include respite care for caregivers of individuals with an autism spectrum disorder) services and supports (3) in subsection (e)(1)(B)(v), by inserting before the semicolon the following: , which may include collaborating with research centers or networks to provide training for providers of respite care (as defined in section 2901) (4) in subsection (f), by striking grants or contracts for individual with grants or contracts, which may include grants or contracts to research centers or networks, to determine the evidence-based practices for interventions to improve the physical and behavioral health of individuals with (5) in subsection (g), by striking 2014 2019 5. Interagency Autism Coordinating Committee Section 399CC of the Public Health Service Act ( 42 U.S.C. 280i–2 (1) in subsection (b)— (A) in paragraph (1)— (i) by striking and annually update (ii) by striking intervention interventions, including school and community-based interventions (B) by striking paragraph (2); (C) by redesignating paragraph (1) as paragraph (2), and inserting before such redesignated paragraph the following: (1) monitor autism spectrum disorder research, and to the extent practicable services and support activities, across all Federal departments and agencies, including coordination of Federal activities with respect to autism spectrum disorder; ; (D) in paragraph (3), by striking recommendations to the Director of NIH (E) in paragraph (4), by inserting before the semicolon the following: , and the process by which public feedback can be better integrated into such decisions (F) by striking paragraphs (5) and (6) and inserting the following: (5) develop a strategic plan for the conduct of, and support for, autism spectrum disorder research and services and supports for individuals with an autism spectrum disorder and the families of such individuals, which shall include— (A) proposed budgetary requirements; and (B) recommendations to ensure that autism spectrum disorder research, services, and support activities of the Department of Health and Human Services and of other Federal departments and agencies are not unnecessarily duplicative; and (6) submit to Congress and the President— (A) an annual update on the summary of advances described in paragraph (2); and (B) an annual update to the strategic plan described in paragraph (5), including any progress made in achieving the goals outlined in such strategic plan. ; (2) in subsection (c)— (A) in paragraph (1)— (i) by striking the paragraph heading and matter preceding subparagraph (A) and inserting the following: (1) Federal membership The Committee shall be composed of the following Federal members— ; (ii) in subparagraph (C)— (I) by inserting , such as the Administration for Community Living, Administration for Children and Families, the Centers for Medicare & Medicaid Services, the Food and Drug Administration, and the Health Resources and Services Administration (II) by adding at the end and (iii) in subparagraph (D)— (I) by inserting and the Department of Defense Department of Education (II) by striking at the end ; and (iv) by striking subparagraph (E); (B) in paragraph (2)— (i) in the paragraph heading, by striking Additional Non-Federal (ii) in the matter preceding subparagraph (A), by striking Not fewer than 6 members of the Committee, or 1/3 Not more than 1/2 1/3 (iii) in subparagraph (A), by striking one such member shall be an individual two such members shall be individuals (iv) in subparagraph (B), by striking one such member shall be a parent or legal guardian two such members shall be parents or legal guardians (v) in subparagraph (C), by striking one such member shall be a representative two such members shall be representatives (C) by adding at the end the following: (3) Period of appointment; vacancies (A) Period of appointment for non-Federal members Non-Federal members shall serve for a term of 4 years, and may be reappointed for one or more additional 4-year term. (B) Vacancies A vacancy on the Committee shall be filled in the manner in which the original appointment was made and shall not affect the powers or duties of the Committee. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member's term until a successor has been appointed. ; (3) in subsection (d)— (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (4) in subsection (f), by striking 2014 2019 6. Reports Section 399DD of the Public Health Service Act ( 42 U.S.C. 280i–3 (1) in the section heading, by striking Report Reports (2) in subsection (b), by redesignating paragraphs (1) through (9) as subparagraphs (A) through (I), respectively, and realigning the margins accordingly; (3) by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively, and realigning the margins accordingly; (4) by inserting after the section heading the following: (a) Progress report ; (5) in subsection (a)(1) (as so redesignated)— (A) by striking 2 years after the date of enactment of the Combating Autism Reauthorization Act of 2011 4 years after the date of enactment of the Autism CARES Act of 2014 (B) by inserting and the Secretary of Defense the Secretary of Education (C) by inserting , and make publicly available, including through posting on the Internet Web site of the Department of Health and Human Services, Representatives (6) in subsection (a)(2) (as so redesignated)— (A) in subparagraph (A), (as so redesignated), by striking Combating Autism Act of 2006 the Autism CARES Act of 2014 (B) in subparagraph (B) (as so redesignated), by striking particular provision of Combating Autism Act of 2006 amendments made by the Autism CARES Act of 2014 (C) by striking subparagraph (C) (as so redesignated), and inserting the following: (C) information on the incidence and prevalence of autism spectrum disorder, including available information on the prevalence of autism spectrum disorder among children and adults, and identification of any changes over time with respect to the incidence and prevalence of autism spectrum disorder; ; (D) in subparagraph (D) (as so redesignated), by striking 6-year period beginning on the date of enactment of the Combating Autism Act of 2006 4-year period beginning on the date of enactment of the Autism CARES Act of 2014 and, as appropriate, how this age varies across populations subgroups (E) in subparagraph (E) (as so redesignated), by striking 6-year period beginning on the date of enactment of the Combating Autism Act of 2006 4-year period beginning on the date of enactment of the Autism CARES Act of 2014 and, as appropriate, how this age varies across populations subgroups (F) in subparagraph (F) (as so redesignated), by inserting and, as appropriate, how this average time varies across populations subgroups disabilities (G) in subparagraph (G) (as so redesignated)— (i) by striking including by various subtypes, including by severity level as practicable, (ii) by striking child may child or other factors, such as demographic characteristics, may (H) by striking subparagraph (I) (as so redesignated), and inserting the following: (I) a description of the actions taken to implement and the progress made on implementation of the strategic plan developed by the Interagency Autism Coordinating Committee. ; and (7) by adding at the end the following new subsection: (b) Report on young adults and transitioning youth (1) In general Not later than 2 years after the date of enactment of the Autism CARES Act of 2014, the Secretary of Health and Human Services, in coordination with the Secretary of Education and in collaboration with the Secretary of Transportation, the Secretary of Labor, the Secretary of Housing and Urban Development, and the Attorney General, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report concerning young adults with autism spectrum disorder and the challenges related to the transition from existing school-based services to those services available during adulthood. (2) Contents The report submitted under paragraph (1) shall contain— (A) an overview of policies and programs relevant to young adults with autism spectrum disorder relating to post-secondary school transitional services, including an identification of existing Federal laws, regulations, policies, research, and programs; (B) demographic characteristics of youth transitioning from school-based to community-based supports; (C) proposals on establishing best practices guidelines to ensure— (i) interdisciplinary coordination between all relevant services providers receiving Federal funding; (ii) coordination with transitioning youth and the family of such transitioning youth; and (iii) the inclusion of the transitioning youth’s Individualized Education Program as prescribed in section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414); (D) comprehensive approaches to transitioning from existing school-based services to services available during adulthood, including— (i) services that increase access to, and improve integration and completion of, post-secondary education, peer support, vocational training (as defined in section 103 of the Rehabilitation Act of 1973 ( 29 U.S.C. 723 (ii) community-based behavioral supports and interventions; (iii) community-based integrated residential services, housing, and transportation; (iv) nutrition, health and wellness, recreational, and social activities; (v) personal safety services for individuals with autism spectrum disorder related to public safety agencies or the criminal justice system; and (vi) evidence-based approaches for coordination of resources and services once individuals have aged out of post-secondary education; and (E) proposals that seek to improve outcomes for adults with autism spectrum disorder making the transition from a school-based support system to adulthood by— (i) increasing the effectiveness of programs that provide transition services; (ii) increasing the ability of relevant service providers to provide supports and services to underserved populations and regions; (iii) increasing the efficiency of service delivery to maximize resources and outcomes, including with respect to the integration of and collaboration among services for transitioning youth; (iv) ensuring access to all services necessary to transitioning youth of all capabilities; and (v) encouraging transitioning youth to utilize all available transition services to maximize independence, equal opportunity, full participation, and self-sufficiency. . 7. Authorization of appropriations Section 399EE of the Public Health Service Act ( 42 U.S.C. 280i–4 (1) in subsection (a), by striking fiscal years 2012 through 2014 fiscal years 2015 through 2019 (2) in subsection (b), by striking fiscal years 2011 through 2014 fiscal years 2015 through 2019 (3) in subsection (c), by striking $161,000,000 for each of fiscal years 2011 through 2014 $190,000,000 for each of fiscal years 2015 through 2019

Autism Collaboration, Accountability, Research, Education, and Support Act of 2014

Veterans' Access to Care through Choice, Accountability, and Transparency Act of 2014 - Title I: Improvement of Scheduling System for Health Care Appointments - Directs the Secretary of Veterans Affairs (VA) to contract for an independent assessment of: the process at each VA medical facility for scheduling appointments for veterans; the staffing level and productivity of each VA medical facility; the organization, processes, and tools used by the VA to support clinical documentation and the subsequent coding of inpatient services; the VA's purchasing, distribution, and use of pharmaceuticals, medical and surgical supplies, and medical devices; and the VA's performance in paying amounts owed to third parties and collecting amounts it is owed. Directs the Secretary: (1) through a technology task force, to review the VA's needs regarding its system and software for scheduling veterans' medical appointments; and (2) to implement task force recommendations the Secretary considers feasible, advisable, and cost-effective. Title II: Training and Hiring of Health Care Staff - Requires the Inspector General of the VA to annually determine the five health care occupations for which there is the largest staffing shortage throughout the VA. Authorizes the Secretary, upon a determination by the Inspector General that there is such a staffing shortage regarding a particular health care occupation, to recruit and directly appoint highly qualified health care providers to serve in that particular occupation for the VA. Directs the Secretary, under the VA's Health Professionals Educational Assistance program, to give scholarship priority to applicants pursuing education or training towards a career in a health care occupation that represents one of the five largest staffing shortages in the VA. Requires the Secretary to submit a biennial report to Congress, until 2024, assessing the staffing of each VA medical facility. Directs the Secretary to establish a clinic management training program to provide in-person, standardized education on health care management to all managers of, and health care providers at, VA medical facilities. Terminates the program after two years. Requires the Secretary, thereafter, to provide health care management training materials to specified VA employees upon the commencement of their employment. Makes specified appropriations to the Veterans Health Administration (VHA) that remain unobligated at the end of FY2014 and FY2015 available to the Secretary to hire additional health care providers for the VHA, particularly in VA medical facilities and areas experiencing the greatest shortages. Title III: Improvement of Access to Care from Non-Department of Veterans Affairs Providers - Requires hospital care and medical services to be furnished to veterans through contracts with specified non-VA facilities if the veterans: have been unable to schedule an appointment at a VA medical facility within the VHA's wait-time goals for hospital care or medical services and such veterans opt for non-VA care or services; reside more than 40 miles from a VA medical facility; or reside in a state without a VA medical facility that provides hospital care, emergency medical services, and surgical care and such veterans reside more than 20 miles from such a facility. Provides for such care through contracts with any health care provider participating in the Medicare program, any federally-qualified health center, the Department of Defense (DOD), and the Indian Health Service (IHS). Directs the Secretary to provide veterans with information about the availability of care and services at non-VA facilities: (1) when they enroll in the VA patient enrollment system, and (2) when they attempt to schedule an appointment for VA hospital care or medical services but are unable to do so within the VHA's wait time goals. Terminates this Act's requirement that the Secretary furnish care and services through contracts with non-VA facilities two years after the Secretary publishes interim final regulations implementing the program. Requires the Secretary to transfer the authority to pay for health care through non-VA facilities from the VA's Veterans Integrated Service Networks and medical centers to the VHA's Chief Business Office. Directs the Secretary to conduct outreach to each Indian medical facility operated by an Indian tribe or tribal organization through a contract or compact with the IHS to raise awareness of the ability of such facilities, Indian tribes, and tribal organizations to enter into agreements with the VA for reimbursement for providing veterans with health care at such facilities. Requires the Secretary to establish performance metrics for assessing the performance of the VA and IHS under a memorandum of understanding to increase access to, and the quality and coordination of, health care services. Directs the Secretary to enter into agreements for the reimbursement of direct care services provided to veterans with Native Hawaiian health care systems that are in receipt of funds from grants awarded, or contracts entered into, under the Native Hawaiian Health Care Improvement Act. Expresses the sense of Congress that the Secretary must comply with the prompt payment rule or any similar regulation or ruling in paying for health care under contracts with non-VA providers. Title IV: Health Care Administrative Matters - Directs the Secretary to improve veterans' access to telemedicine and other health care through the use of VA mobile vet centers by establishing standardized requirements for the operation of such centers. Includes among those requirements: (1) the number of days each center is expected to travel each year, (2) the number of locations each center is expected to visit each year, (3) the number of appointments each center is expected to conduct each year, and (4) the method and timing of notification given by each center to individuals in the area to which such center is traveling. Requires each mobile vet center to have the capability to provide telemedicine services. Establishes an Independent Commission on Department of Veterans Affairs Construction Projects to review the VA's current construction and maintenance projects and medical facility leasing program to identify any problems the VA experienced in carrying out such projects and program. Establishes the Commission on Access to Care to examine veterans' access to VA health care and strategically examine how best to organize the VHA, locate health care resources, and deliver health care to veterans over the next 10 to 20 years. Directs the President to require the Secretary and the heads of other relevant federal agencies to implement each recommendation that the President considers feasible and advisable and determines can be implemented without further legislative action. Requires the Secretary to ensure that scheduling and wait-time metrics or goals are not used as factors in determining the performance of: (1) directors, associate directors, assistant directors, deputy directors, chiefs of staff, and clinical leads of VA medical centers; and (2) directors, assistant directors, and quality management officers of the Veterans Integrated Service Networks (VISNs). Directs the Secretary to modify the performance plans of the directors of the VA medical centers and VISNs to ensure that such plans are based on the quality of care received by veterans at the health care facilities under their jurisdictions. Prohibits the Secretary from including in the performance goals of any VISN or VA medical center employee any goal that might disincentivize the payment of VA amounts to provide health care through a non-VA provider. Requires the Secretary to publish: (1) within 90 days after this Act's enactment, the VA's wait time goals for the scheduling of a veterans' appointment for health care; and (2) within one year after this Act's enactment, the current wait times for an appointment for primary care and specialty care at each VA medical center. Directs the Secretary to develop, update, and make publicly available a comprehensive database containing all applicable patient safety, quality of care, and outcome measures for VA health care that are tracked by the Secretary. Requires the Secretary to enter into an agreement with the Secretary of Health and Human Services (HHS) to provide the HHS Secretary with the information needed to make VA medical center patient quality and outcome information publicly available through the HHS's Hospital Compare website. Requires: (1) the VA website to include a link to the VA's health care providers database that provides veterans with the location of each VA physician's residency training, and (2) each veteran who is to undergo a surgical procedure by or through the VA to be provided information on the credentials of the surgeon who is to perform the procedure. Directs the Comptroller General (GAO) to submit an assessment to Congress of: (1) the manner in which contractors under the VA's Patient-Centered Community Care initiative oversee the credentials of physicians within their networks, (2) the VA's oversight of the contracts under the Patient-Centered Community Care initiative, and (3) the VA's verification of the credentials and licenses of health care providers furnishing hospital care and medical services to veterans in non-VA facilities. Requires the Secretary to implement a plan to address the Comptroller General's findings and recommendations. Requires the annual budget that the President submits to Congress to include specified information regarding: (1) the cost of providing, and the number of veterans receiving, medical care through contracts with non-VA facilities; and (2) the number of VA employees on paid administrative leave during the preceding fiscal year. Directs the Secretary to establish policies penalizing VA employees who knowingly submit, or knowingly require another VA employee to submit, false data concerning health care wait times or quality measures to another VA employee. Authorizes the Secretary to: (1) remove any individual from the VA Senior Executive Service if the Secretary determines that the individual's performance warrants such removal, and (2) remove such individual from the civil service or transfer the individual to a General Schedule position at any appropriate grade for which the individual is qualified. Gives an individual seven days to appeal such a removal or transfer to the Merit Systems Protection Board (Board). Requires the Board to conduct an expedited review process that results in a final decision on such an appeal within 21 days after it was submitted. Title V: Health Care Related to Sexual Trauma - Expands eligibility for counseling and treatment for sexual trauma to veterans who were on inactive duty training when they experienced sexual assault or harassment. Authorizes the Secretary to provide such counseling and treatment to active-duty members of the Armed Forces who experienced sexual assault or harassment while serving on active duty or active or inactive duty training. (Under current law, such services are provided only to veterans.) Prohibits such a member from being required to obtain a referral before receiving such services. Requires the Secretary to report to Congress on the treatment and services available from the VA for male veterans who experience military sexual trauma compared to such treatment and services available to female veterans who experience such trauma. Directs the Department of Veterans Affairs-Department of Defense Joint Executive Committee to submit reports to Congress on the transition of military sexual abuse treatment from the DOD to the VA. Title VI: Major Medical Facility Leases - Authorizes the Secretary to carry out certain major medical facility leases at specified locations for up to specified amounts. Directs the Secretary, in exercising the authority to enter into such leases, to record as the full cost of the contractual obligation at the time a contract is executed either: (1) the amount of total payments under the full lease term, or (2) the first-year payments plus the specified cancellation costs if the lease is terminated before its full term. Requires the funding prospectus of a proposed lease to include a detailed analysis of how the lease is expected to comply with Office of Management and Budget (OMB) Circular A-11 and the Anti-Deficiency Act, including an analysis of: (1) the classification of the lease as a lease-purchase, capital lease, or operating lease; (2) the obligation of budgetary resources associated with the lease; and (3) the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. Directs the Secretary, at least 30 days before entering into a lease, to submit to Congress: (1) notice of the intention to enter into, and a detailed summary of, such lease; (2) a description and analysis of any differences between the lease prospectus submitted and the proposed lease; and (3) a scoring analysis demonstrating that the proposed lease fully complies with OMB Circular A-11. Requires the Secretary, no more than 30 days after entering into a lease, to report any material differences between the proposed lease and the lease entered. Title VII: Veterans Benefits Matters - Expands the Marine Gunnery Sergeant John David Fry Scholarship to include surviving spouses (currently, children) of service members who die in the line of duty on or after September 11, 2001. Requires a surviving spouse entitled to such assistance and also to veterans' educational assistance under the Montgomery GI Bill to elect a single coverage. Directs the Secretary to disapprove, for purposes of the All-Volunteer Force and the Post-9/11 Educational Assistance programs, courses of education provided by a public educational institution of higher education (IHE) that charges veterans living in the state higher tuition and fees than it charges in-state residents, regardless of the veteran's state of residence. Makes this provision applicable to: (1) veterans who were discharged or released from at least 90 days of active service less than three years before their date of enrollment in the applicable course, (2) family members eligible for such assistance due to their relationship to such veterans, and (3) courses that commence on or after July 1, 2015. Prohibits the Secretary from disapproving a public IHE's course on the grounds that the IHE conditions a veteran's receipt of in-state tuition rates on such veteran: (1) demonstrating an intent, by means other than physical presence, to establish residency in the state; or (2) satisfying other requirements not related to the establishment of residency. Title VIII: Appropriation and Emergency Designations - Authorizes and appropriates such sums as may be necessary to carry out this Act for FY2014-FY2016. Treats such funding as emergency funding that is not subject to pay-as-you-go spending constraints.

113 S2450 PCS: Veterans' Access to Care through Choice, Accountability, and Transparency Act of 2014 U.S. Senate 2014-06-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 426 113th CONGRESS 2d Session S. 2450 IN THE SENATE OF THE UNITED STATES June 9, 2014 Mr. Sanders Mr. McCain Mr. Merkley Mr. Kaine Mr. Burr Mr. Booker Mr. Rubio Mr. Manchin Ms. Collins Mr. Blumenthal Mr. Murphy Mr. Begich Mr. Udall of New Mexico Mrs. Hagan Mr. Casey Ms. Hirono Mr. Johanns Mr. Coons Mr. Schatz Mr. Whitehouse Mr. Isakson Mr. Pryor Mr. Walsh June 10, 2014 Read the second time and placed on the calendar A BILL To improve the access of veterans to medical services from the Department of Veterans Affairs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Veterans' Access to Care through Choice, Accountability, and Transparency 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—Improvement of Scheduling System for Health Care Appointments Sec. 101. Independent assessment of the scheduling of appointments and other health care management processes of the Department of Veterans Affairs. Sec. 102. Technology task force on review of scheduling system and software of the Department of Veterans Affairs. TITLE II—Training and Hiring of Health Care Staff Sec. 201. Treatment of staffing shortage and biannual report on staffing of medical facilities of the Department of Veterans Affairs. Sec. 202. Clinic management training for managers and health care providers of the Department of Veterans Affairs. Sec. 203. Use of unobligated amounts to hire additional health care providers for the Veterans Health Administration. TITLE III—Improvement of Access to Care from Non-Department of Veterans Affairs Providers Sec. 301. Expanded availability of hospital care and medical services for veterans through the use of contracts. Sec. 302. Transfer of authority for payments for hospital care, medical services, and other health care from non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department. Sec. 303. Enhancement of collaboration between Department of Veterans Affairs and Indian Health Service. Sec. 304. Enhancement of collaboration between Department of Veterans Affairs and Native Hawaiian health care systems. Sec. 305. Sense of Congress on prompt payment by Department of Veterans Affairs. TITLE IV—Health Care Administrative Matters Sec. 401. Improvement of access of veterans to mobile vet centers of the Department of Veterans Affairs. Sec. 402. Commission on construction projects of the Department of Veterans Affairs. Sec. 403. Commission on Access to Care. Sec. 404. Improved performance metrics for health care provided by Department of Veterans Affairs. Sec. 405. Improved transparency concerning health care provided by Department of Veterans Affairs. Sec. 406. Information for veterans on the credentials of Department of Veterans Affairs physicians. Sec. 407. Information in annual budget of the President on hospital care and medical services furnished through expanded use of contracts for such care. Sec. 408. Prohibition on falsification of data concerning wait times and quality measures at Department of Veterans Affairs. Sec. 409. Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance. TITLE V—Health Care Related to Sexual Trauma Sec. 501. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training. Sec. 502. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces. Sec. 503. Reports on military sexual trauma. TITLE VI—Major Medical Facility Leases Sec. 601. Authorization of major medical facility leases. Sec. 602. Budgetary treatment of Department of Veterans Affairs major medical facilities leases. TITLE VII—Veterans Benefits Matters Sec. 701. Expansion of Marine Gunnery Sergeant John David Fry Scholarship. Sec. 702. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans. TITLE VIII—Appropriation and Emergency Designations Sec. 801. Appropriation of emergency amounts. Sec. 802. Emergency designations. I Improvement of Scheduling System for Health Care Appointments 101. Independent assessment of the scheduling of appointments and other health care management processes of the Department of Veterans Affairs (a) Independent assessment (1) Assessment Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract with an independent third party to assess the following: (A) The process at each medical facility of the Department of Veterans Affairs for scheduling appointments for veterans to receive hospital care, medical services, or other health care from the Department. (B) The staffing level and productivity of each medical facility of the Department, including the following: (i) The case load of each health care provider of the Department. (ii) The time spent by each health care provider of the Department on matters other than the case load of such health care provider, including time spent by such health care provider as follows: (I) At a medical facility that is affiliated with the Department. (II) Conducting research. (III) Training or overseeing other health care professionals of the Department. (C) The organization, processes, and tools used by the Department to support clinical documentation and the subsequent coding of inpatient services. (D) The purchasing, distribution, and use of pharmaceuticals, medical and surgical supplies, and medical devices by the Department, including the following: (i) The prices paid for, standardization of, and use by the Department of the following: (I) High-cost pharmaceuticals. (II) Medical and surgical supplies. (III) Medical devices. (ii) The use by the Department of group purchasing arrangements to purchase pharmaceuticals, medical and surgical supplies, medical devices, and health care related services. (iii) The strategy used by the Department to distribute pharmaceuticals, medical and surgical supplies, and medical devices to Veterans Integrated Service Networks and medical facilities of the Department. (E) The performance of the Department in paying amounts owed to third parties and collecting amounts owed to the Department with respect to hospital care, medical services, and other health care, including any recommendations of the independent third party as follows: (i) To avoid the payment of penalties to vendors. (ii) To increase the collection of amounts owed to the Department for hospital care, medical services, or other health care provided by the Department for which reimbursement from a third party is authorized. (iii) To increase the collection of any other amounts owed to the Department. (2) Elements of scheduling assessment In carrying out the assessment required by paragraph (1)(A), the independent third party shall do the following: (A) Review all training materials pertaining to scheduling of appointments at each medical facility of the Department. (B) Assess whether all employees of the Department conducting tasks related to scheduling are properly trained for conducting such tasks. (C) Assess whether changes in the technology or system used in scheduling appointments are necessary to limit access to the system to only those employees that have been properly trained in conducting such tasks. (D) Assess whether health care providers of the Department are making changes to their schedules that hinder the ability of employees conducting such tasks to perform such tasks. (E) Assess whether the establishment of a centralized call center throughout the Department for scheduling appointments at medical facilities of the Department would improve the process of scheduling such appointments. (F) Assess whether booking templates for each medical facility or clinic of the Department would improve the process of scheduling such appointments. (G) Recommend any actions to be taken by the Department to improve the process for scheduling such appointments, including the following: (i) Changes in training materials provided to employees of the Department with respect to conducting tasks related to scheduling such appointments. (ii) Changes in monitoring and assessment conducted by the Department of wait times of veterans for such appointments. (iii) Changes in the system used to schedule such appointments, including changes to improve how the Department— (I) measures wait times of veterans for such appointments; (II) monitors the availability of health care providers of the Department; and (III) provides veterans the ability to schedule such appointments. (iv) Such other actions as the independent third party considers appropriate. (3) Timing The independent third party carrying out the assessment required by paragraph (1) shall complete such assessment not later than 180 days after entering into the contract described in such paragraph. (b) Report (1) In general Not later than 90 days after the date on which the independent third party completes the assessment under this section, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the results of such assessment. (2) Publication Not later than 30 days after submitting the report under paragraph (1), the Secretary shall publish such report in the Federal Register and on an Internet website of the Department accessible to the public. 102. Technology task force on review of scheduling system and software of the Department of Veterans Affairs (a) Task force review (1) In general The Secretary of Veterans Affairs shall, through the use of a technology task force, conduct a review of the needs of the Department of Veterans Affairs with respect to the scheduling system and scheduling software of the Department of Veterans Affairs that is used by the Department to schedule appointments for veterans for hospital care, medical services, and other health care from the Department. (2) Agreement (A) In general The Secretary shall seek to enter into an agreement with a technology organization or technology organizations to carry out the review required by paragraph (1). (B) Prohibition on use of funds No Federal funds may be used to assist the technology organization or technology organizations under subparagraph (A) in carrying out the review required by paragraph (1). (b) Report (1) In general Not later than 45 days after the date of the enactment of this Act, the technology task force required under subsection (a)(1) shall submit to the Secretary, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the findings and recommendations of the technology task force regarding the needs of the Department with respect to the scheduling system and scheduling software of the Department described in such subsection. (2) Elements The report required by paragraph (1) shall include the following: (A) Proposals for specific actions to be taken by the Department to improve the scheduling system and scheduling software of the Department described in subsection (a)(1). (B) A determination as to whether an existing off-the-shelf system would— (i) meet the needs of the Department to schedule appointments for veterans for hospital care, medical services, and other health care from the Department; and (ii) improve the access of veterans to such care and services. (3) Publication Not later than 30 days after the receipt of the report required by paragraph (1), the Secretary shall publish such report in the Federal Register and on an Internet website of the Department accessible to the public. (c) Implementation of task force recommendations Not later than one year after the receipt of the report required by subsection (b)(1), the Secretary shall implement the recommendations set forth in such report that the Secretary considers are feasible, advisable, and cost-effective. II Training and Hiring of Health Care Staff 201. Treatment of staffing shortage and biannual report on staffing of medical facilities of the Department of Veterans Affairs (a) Staffing shortage (1) In general Not later than 180 days after the date of the enactment of this Act, and not later than September 30 each year thereafter, the Inspector General of the Department of Veterans Affairs shall determine, and the Secretary of Veterans Affairs shall publish in the Federal Register, the five occupations of health care providers of the Department of Veterans Affairs for which there is the largest staffing shortage throughout the Department. (2) Recruitment and appointment Notwithstanding sections 3304 and 3309 through 3318 of title 5, United States Code, the Secretary may, upon a determination by the Inspector General under paragraph (1) that there is a staffing shortage throughout the Department with respect to a particular occupation of health care provider, recruit and directly appoint highly qualified health care providers to serve as health care providers in that particular occupation for the Department. (3) Priority in Health Professionals Educational Assistance Program to certain providers Section 7612(b)(5) (A) in subparagraph (A), by striking and (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph (B): (B) shall give priority to applicants pursuing a course of education or training towards a career in an occupation for which the Secretary has, in the most current determination published in the Federal Register pursuant to section 201(a)(1) of the Veterans' Access to Care through Choice, Accountability, and Transparency Act of 2014 . (b) Reports (1) In general Not later than 180 days after the date of the enactment of this Act, and not later than December 31 of each even numbered year thereafter until 2024, 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 assessing the staffing of each medical facility of the Department of Veterans Affairs. (2) Elements Each report submitted under paragraph (1) shall include the following: (A) The results of a system-wide assessment of all medical facilities of the Department to ensure the following: (i) Appropriate staffing levels for health care providers to meet the goals of the Secretary for timely access to care for veterans. (ii) Appropriate staffing levels for support personnel, including clerks. (iii) Appropriate sizes for clinical panels. (iv) Appropriate numbers of full-time staff, or full-time equivalents, dedicated to direct care of patients. (v) Appropriate physical plant space to meet the capacity needs of the Department in that area. (vi) Such other factors as the Secretary considers necessary. (B) A plan for addressing any issues identified in the assessment described in subparagraph (A), including a timeline for addressing such issues. (C) A list of the current wait times and workload levels for the following clinics in each medical facility: (i) Mental health. (ii) Primary care. (iii) Gastroenterology. (iv) Women’s health. (v) Such other clinics as the Secretary considers appropriate. (D) A description of the results of the most current determination of the Inspector General under paragraph (1) of subsection (a) and a plan to use direct appointment authority under paragraph (2) of such subsection to fill staffing shortages, including recommendations for improving the speed at which the credentialing and privileging process can be conducted. (E) The current staffing models of the Department for the following clinics, including recommendations for changes to such models: (i) Mental health. (ii) Primary care. (iii) Gastroenterology. (iv) Women’s health. (v) Such other clinics as the Secretary considers appropriate. (F) A detailed analysis of succession planning at medical facilities of the Department, including the following: (i) The number of positions in medical facilities throughout the Department that are not filled by a permanent employee. (ii) The length of time each position described in clause (i) remained vacant or filled by a temporary or acting employee. (iii) A description of any barriers to filling the positions described in clause (i). (iv) A plan for filling any positions that are vacant or filled by a temporary or acting employee for more than 180 days. (v) A plan for handling emergency circumstances, such as administrative leave or sudden medical leave for senior officials. (G) The number of health care providers of the Department who have been removed from their positions, have retired, or have left their positions for another reason, disaggregated by provider type, during the two-year period preceding the submittal of the report. (H) Of the health care providers specified in subparagraph (G) who have been removed from their positions, the following: (i) The number of such health care providers who were reassigned to other positions in the Department. (ii) The number of such health care providers who left the Department. (iii) The number of such health care providers who left the Department and were subsequently rehired by the Department. 202. Clinic management training for managers and health care providers of the Department of Veterans Affairs (a) Clinic management training program (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a clinic management training program to provide in-person, standardized education on health care management to all managers of, and health care providers at, medical facilities of the Department of Veterans Affairs. (2) Elements The clinic management training program required by paragraph (1) shall include the following: (A) Training on how to manage the schedules of health care providers of the Department, including the following: (i) Maintaining such schedules in a manner that allows appointments to be booked at least eight weeks in advance. (ii) Proper planning procedures for vacation, leave, and graduate medical education training schedules. (B) Training on the appropriate number of appointments that a health care provider should conduct on a daily basis, based on specialty. (C) Training on how to determine whether there are enough available appointment slots to manage demand for different appointment types and mechanisms for alerting management of insufficient slots. (D) Training on how to properly use the appointment scheduling system of the Department, including any new scheduling system implemented by the Department. (E) Training on how to optimize the use of technology, including the following: (i) Telemedicine. (ii) Electronic mail. (iii) Text messaging. (iv) Such other technologies as specified by the Secretary. (F) Training on how to properly use physical plant space at medical facilities of the Department to ensure efficient flow and privacy for patients and staff. (3) Sunset The clinic management training program required by paragraph (1) shall terminate on the date that is two years after the date on which the Secretary commences such program. (b) Training materials (1) In general After the termination of the clinic management training program required by subsection (a), the Secretary shall provide training materials on health care management to each of the following employees of the Department upon the commencement of employment of such employee: (A) Any manager of a medical facility of the Department. (B) Any health care provider at a medical facility of the Department. (C) Such other employees of the Department as the Secretary considers appropriate. (2) Update The Secretary shall regularly update the training materials required under paragraph (1). 203. Use of unobligated amounts to hire additional health care providers for the Veterans Health Administration (a) In general At the end of each of fiscal years 2014 and 2015, all covered amounts shall be made available to the Secretary of Veterans Affairs to hire additional health care providers for the Veterans Health Administration of the Department of Veterans Affairs, or to carry out any provision of this Act or the amendments made by this Act, and shall remain available until expended. (b) Priority in hiring The Secretary shall prioritize hiring additional health care providers under subsection (a) at medical facilities of the Department and in geographic areas in which the Secretary identifies the greatest shortage of health care providers. (c) Covered amounts defined In this section, the term covered amounts (1) that are made available to the Veterans Health Administration of the Department for an appropriations account— (A) under the heading Medical Services (B) under the heading Medical Support and Compliance (C) under the heading Medical Facilities (2) that are unobligated at the end of the applicable fiscal year. III Improvement of Access to Care from Non-Department of Veterans Affairs Providers 301. Expanded availability of hospital care and medical services for veterans through the use of contracts (a) Expansion of available care and services (1) Furnishing of care (A) In general Hospital care and medical services under chapter 17 (B) Entities specified The entities specified in this subparagraph are the following: (i) Any health care provider that is participating in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (ii) Any Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) (iii) The Department of Defense. (iv) The Indian Health Service. (2) Choice of provider An eligible veteran who elects to receive care and services under this section may select the provider of such care and services from among any source of provider of such care and services through an entity specified in paragraph (1)(B) that is accessible to the veteran. (3) Coordination of care and services The Secretary shall coordinate, through the Non-VA Care Coordination Program of the Department of Veterans Affairs, the furnishing of care and services under this section to eligible veterans, including by ensuring that an eligible veteran receives an appointment for such care and services within the current wait-time goals of the Veterans Health Administration for the furnishing of hospital care and medical services. (b) Eligible veterans A veteran is an eligible veteran for purposes of this section if— (1) (A) the veteran is enrolled in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705 of title 38, United States Code; or (B) the veteran is enrolled in such system, has not received hospital care or medical services from the Department, and has contacted the Department seeking an initial appointment from the Department for the receipt of such care or services; and (2) the veteran— (A) (i) attempts, or has attempted under paragraph (1)(B), to schedule an appointment for the receipt of hospital care or medical services under chapter 17 (ii) elects, and is authorized, to be furnished such care or services pursuant to subsection (c)(2); (B) resides more than 40 miles from the nearest medical facility of the Department, including a community-based outpatient clinic, that is closest to the residence of the veteran; or (C) resides— (i) in a State without a medical facility of the Department that provides— (I) hospital care; (II) emergency medical services; and (III) surgical care rated by the Secretary as having a surgical complexity of standard; and (ii) more than 20 miles from a medical facility of the Department described in clause (i). (c) Election and authorization (1) In general If the Secretary confirms that an appointment for an eligible veteran described in subsection (b)(2)(A) for the receipt of hospital care or medical services under chapter 17 (A) place such eligible veteran on an electronic waiting list described in paragraph (2) for such an appointment; or (B) (i) authorize that such care and services be furnished to the eligible veteran under this section for a period of time specified by the Secretary; and (ii) send a letter to the eligible veteran describing the care and services the eligible veteran is eligible to receive under this section. (2) Electronic waiting list The electronic waiting list described in this paragraph shall be maintained by the Department and allow access by each eligible veteran via www.myhealth.va.gov or any successor website for the following purposes: (A) To determine the place of such eligible veteran on the waiting list. (B) To determine the average length of time an individual spends on the waiting list, disaggregated by medical facility of the Department and type of care or service needed, for purposes of allowing such eligible veteran to make an informed election under paragraph (1). (d) Care and services through contracts (1) In general The Secretary shall enter into contracts with health care providers that are participating in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) to furnish care and services to eligible veterans under this section. (2) Rates and reimbursement (A) In general In entering into a contract under this subsection, the Secretary shall— (i) negotiate rates for the furnishing of care and services under this section; and (ii) reimburse the health care provider for such care and services at the rates negotiated pursuant to clause (i) as provided in such contract. (B) Limit on rates (i) In general Except as provided in clause (ii), rates negotiated under subparagraph (A)(i) shall not be more than the rates paid by the United States to a provider of services (as defined in section 1861(u) of the Social Security Act ( 42 U.S.C. 1395x(u) 42 U.S.C. 1395x(d) (ii) Exception The Secretary may negotiate a rate that is more than the rate paid by the United States as described in clause (i) with respect to the furnishing of care or services under this section to an eligible veteran if the Secretary determines that there is no health care provider that will provide such care or services to such eligible veteran at the rate required under such clause— (I) within the current wait-time goals of the Veterans Health Administration for the furnishing of such care or services; and (II) at a location not more than 40 miles from the residence of such eligible veteran. (C) Limit on collection For the furnishing of care and services pursuant to a contract under this section, a health care provider may not collect any amount that is greater than the rate negotiated pursuant to subparagraph (A)(i). (3) Information on policies and procedures The Secretary shall provide to any health care provider with which the Secretary has entered into a contract under paragraph (1) the following: (A) Information on applicable policies and procedures for submitting bills or claims for authorized care and services furnished to eligible veterans under this section. (B) Access to a telephone hotline maintained by the Department that such health care provider may call for information on the following: (i) Procedures for furnishing care and services under this section. (ii) Procedures for submitting bills or claims for authorized care and services furnished to eligible veterans under this section and being reimbursed for furnishing such care and services. (iii) Whether particular care or services under this section are authorized, and the procedures for authorization of such care or services. (e) Choice card (1) In general For purposes of receiving care and services under this section, the Secretary shall issue to each eligible veteran a card that the eligible veteran shall present to a health care provider that is eligible to furnish care and services under this section before receiving such care and services. (2) Name of card Each card issued under paragraph (1) shall be known as a Choice Card (3) Details of card Each Choice Card issued to an eligible veteran under paragraph (1) shall include the following: (A) The name of the eligible veteran. (B) An identification number for the eligible veteran that is not the social security number of the eligible veteran. (C) The contact information of an appropriate office of the Department for health care providers to confirm that care and services under this section are authorized for the eligible veteran. (D) Contact information and other relevant information for the submittal of claims or bills for the furnishing of care and services under this section. (E) The following statement: This card is for qualifying medical care outside the Department of Veterans Affairs. Please call the Department of Veterans Affairs phone number specified on this card to ensure that treatment has been authorized. (4) Information on use of card Upon issuing a Choice Card to an eligible veteran, the Secretary shall provide the eligible veteran with information clearly stating the circumstances under which the veteran may be eligible for care and services under this section. (f) Information on availability of care The Secretary shall provide information to a veteran about the availability of care and services under this section in the following circumstances: (1) When the veteran enrolls in the patient enrollment system of the Department under section 1705 of title 38, United States Code. (2) When the veteran attempts to schedule an appointment for the receipt of hospital care or medical services from the Department but is unable to schedule an appointment within the current wait-time goals of the Veterans Health Administration for delivery of such care or services. (g) Providers To be eligible to furnish care and services under this section, a health care provider must— (1) maintain at least the same or similar credentials and licenses as those credentials and licenses that are required of health care providers of the Department, as determined by the Secretary for purposes of this section; and (2) submit, not less frequently than once each year, verification of such licenses and credentials maintained by such health care provider. (h) Cost-sharing (1) In general The Secretary shall require an eligible veteran to pay a copayment to the Department for the receipt of care and services under this section only if such eligible veteran would be required to pay such copayment for the receipt of such care and services at a medical facility of the Department. (2) Limitation The copayment required under paragraph (1) shall not be greater than the copayment required of such eligible veteran by the Department for the receipt of such care and services at a medical facility of the Department. (i) Claims processing system (1) In general The Secretary shall provide for an efficient nationwide system for processing and paying bills or claims for authorized care and services furnished to eligible veterans under this section. (2) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations for the implementation of such system. (3) Oversight The Chief Business Office of the Veterans Health Administration shall oversee the implementation and maintenance of such system. (4) Accuracy of payment (A) In general The Secretary shall ensure that such system meets such goals for accuracy of payment as the Secretary shall specify for purposes of this section. (B) Annual report (i) In general Not later than one year after the date of the enactment of this Act, and annually thereafter until the termination date specified in subsection (n), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the goals for accuracy of such system. (ii) Elements Each report required by clause (i) shall include the following: (I) A description of the goals for accuracy for such system specified by the Secretary under subparagraph (A). (II) An assessment of the success of the Department in meeting such goals during the year preceding the submittal of the report. (j) Medical records The Secretary shall ensure that any health care provider that furnishes care and services under this section to an eligible veteran submits to the Department any medical record related to the care and services provided to such eligible veteran by such health care provider for inclusion in the electronic medical record of such eligible veteran maintained by the Department upon the completion of the provision of such care and services to such eligible veteran. (k) Tracking of missed appointments The Secretary shall implement a mechanism to track any missed appointments for care and services under this section by eligible veterans to ensure that the Department does not pay for such care and services that were not furnished to an eligible veteran. (l) Implementation Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe interim final regulations on the implementation of this section and publish such regulations in the Federal Register. (m) Inspector General report Not later than 540 days after the publication of the interim final regulations under subsection (l), the Inspector General of the Department shall submit to the Secretary a report on the results of an audit of the care and services furnished under this section to ensure the accuracy and timeliness of payments by the Department for the cost of such care and services, including any findings and recommendations of the Inspector General. (n) Termination The requirement of the Secretary to furnish care and services under this section terminates on the date that is two years after the date on which the Secretary publishes the interim final regulations under subsection (l). (o) Reports (1) Initial report Not later than 90 days after the publication of the interim final regulations under subsection (l), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the furnishing of care and services under this section that includes the following: (A) The number of eligible veterans who have received care and services under this section. (B) A description of the type of care and services furnished to eligible veterans under this section. (2) Final report Not later than 540 days after the publication of the interim final regulations under subsection (l), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the furnishing of care and services under this section that includes the following: (A) The total number of eligible veterans who have received care and services under this section, disaggregated by— (i) eligible veterans described in subsection (b)(2)(A); and (ii) eligible veterans described in subsection (b)(2)(B). (B) A description of the type of care and services furnished to eligible veterans under this section. (C) An accounting of the total cost of furnishing care and services to eligible veterans under this section. (D) The results of a survey of eligible veterans who have received care or services under this section on the satisfaction of such eligible veterans with the care or services received by such eligible veterans under this section. (E) An assessment of the effect of furnishing care and services under this section on wait times for an appointment for the receipt of hospital care and medical services from the Department. (F) An assessment of the feasibility and advisability of continuing furnishing care and services under this section after the termination date specified in subsection (n). (p) Rules of construction (1) No modification of contracts Nothing in this section shall be construed to require the Secretary to renegotiate contracts for the furnishing of hospital care or medical services to veterans entered into by the Department before the date of the enactment of this Act. (2) Filling and paying for prescription medications Nothing in this section shall be construed to alter the process of the Department for filling and paying for prescription medications. 302. Transfer of authority for payments for hospital care, medical services, and other health care from non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department (a) Transfer of authority (1) In general Effective on October 1, 2014, the Secretary of Veterans Affairs shall transfer the authority to pay for hospital care, medical services, and other health care through non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department of Veterans Affairs from the Veterans Integrated Service Networks and medical centers of the Department of Veterans Affairs. (2) Manner of care The Chief Business Office shall work in consultation with the Office of Clinical Operations and Management of the Department of Veterans Affairs to ensure that care and services described in paragraph (1) are provided in a manner that is clinically appropriate and effective. (3) No delay in payment The transfer of authority under paragraph (1) shall be carried out in a manner that does not delay or impede any payment by the Department for hospital care, medical services, or other health care provided through a non-Department provider under the laws administered by the Secretary. (b) Budgetary effect The Secretary shall, for each fiscal year that begins after the date of the enactment of this Act— (1) include in the budget for the Chief Business Office of the Veterans Health Administration amounts to pay for hospital care, medical services, and other health care provided through non-Department providers, including any amounts necessary to carry out the transfer of authority to pay for such care and services under subsection (a), including any increase in staff; and (2) not include in the budget of each Veterans Integrated Service Network and medical center of the Department amounts to pay for such care and services. 303. Enhancement of collaboration between Department of Veterans Affairs and Indian Health Service (a) Outreach to Tribal-Run medical facilities The Secretary of Veterans Affairs shall, in consultation with the Director of the Indian Health Service, conduct outreach to each medical facility operated by an Indian tribe or tribal organization through a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. (b) Metrics for memorandum of understanding performance The Secretary of Veterans Affairs shall implement performance metrics for assessing the performance by the Department of Veterans Affairs and the Indian Health Service under the memorandum of understanding entitled Memorandum of Understanding between the Department of Veterans Affairs (VA) and the Indian Health Service (IHS) (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Director of the Indian Health Service shall jointly submit to Congress a report on the feasibility and advisability of the following: (1) Entering into agreements for the reimbursement by the Secretary of the costs of direct care services provided through organizations receiving amounts pursuant to grants made or contracts entered into under section 503 of the Indian Health Care Improvement Act (25 U.S.C. 1653) to veterans who are otherwise eligible to receive health care from such organizations. (2) Including the reimbursement of the costs of direct care services provided to veterans who are not Indians in agreements between the Department and the following: (A) The Indian Health Service. (B) An Indian tribe or tribal organization operating a medical facility through a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. (C) A medical facility of the Indian Health Service. (d) Definitions In this section: (1) Indian The terms Indian Indian tribe (2) Medical facility of the Indian Health Service The term medical facility of the Indian Health Service 25 U.S.C. 450 et seq. (3) Tribal organization The term tribal organization 25 U.S.C. 450b 304. Enhancement of collaboration between Department of Veterans Affairs and Native Hawaiian health care systems (a) In general The Secretary of Veterans Affairs shall, in consultation with Papa Ola Lokahi and such other organizations involved in the delivery of health care to Native Hawaiians as the Secretary considers appropriate, enter into contracts or agreements with Native Hawaiian health care systems that are in receipt of funds from the Secretary of Health and Human Services pursuant to grants awarded or contracts entered into under section 6(a) of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705(a) (b) Definitions In this section, the terms Native Hawaiian Native Hawaiian health care system Papa Ola Lokahi 42 U.S.C. 11711 305. Sense of Congress on prompt payment by Department of Veterans Affairs It is the sense of Congress that the Secretary of Veterans Affairs shall comply with section 1315 of title 5, Code of Federal Regulations (commonly known as the prompt payment rule IV Health Care Administrative Matters 401. Improvement of access of veterans to mobile vet centers of the Department of Veterans Affairs (a) Improvement of access (1) In general The Secretary of Veterans Affairs shall improve the access of veterans to telemedicine and other health care through the use of mobile vet centers of the Department of Veterans Affairs by providing standardized requirements for the operation of such centers. (2) Requirements The standardized requirements required by paragraph (1) shall include the following: (A) The number of days each mobile vet center of the Department is expected to travel per year. (B) The number of locations each center is expected to visit per year. (C) The number of appointments each center is expected to conduct per year. (D) The method and timing of notifications given by each center to individuals in the area to which such center is traveling, including notifications informing veterans of the availability to schedule appointments at the center. (3) Use of telemedicine The Secretary shall ensure that each mobile vet center of the Department has the capability to provide telemedicine services. (b) Reports Not later than one year after the date of the enactment of this Act, and not later than September 30 each year thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the following: (1) The use of mobile vet centers to provide telemedicine services to veterans during the year preceding the submittal of the report, including the following: (A) The number of days each mobile vet center was open to provide such services. (B) The number of days each mobile vet center traveled to a location other than the headquarters of the mobile vet center to provide such services. (C) The number of appointments each center conducted to provide such services on average per month and in total during such year. (2) An analysis of the effectiveness of using mobile vet centers to provide health care services to veterans through the use of telemedicine. (3) Any recommendations for an increase in the number of mobile vet centers of the Department. (4) Any recommendations for an increase in the telemedicine capabilities of each mobile vet center. (5) The feasibility and advisability of using temporary health care providers, including locum tenens, to provide direct health care services to veterans at mobile vet centers. (6) Such other recommendations on improvement of the use of mobile vet centers by the Department as the Secretary considers appropriate. 402. Commission on construction projects of the Department of Veterans Affairs (a) Establishment of commission (1) Establishment There is established an Independent Commission on Department of Veterans Affairs Construction Projects (in this section referred to as the Commission (2) Membership (A) Voting members The Commission shall be composed of 10 voting members as follows: (i) Three members to be appointed by the President from among members of the National Academy of Engineering who are nominated under subparagraph (B). (ii) Three members to be appointed by the President from among members of the National Institute of Building Sciences who are nominated under subparagraph (B). (iii) Four members to be appointed by the President from among veterans enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code, who are nominated under subparagraph (B). (B) Nomination of voting members The majority leader of the Senate, the minority leader of the Senate, the speaker of the House of Representatives, and the minority leader of the House of Representatives shall jointly nominate not less than 24 individuals to be considered by the President for appointment under subparagraph (A). (C) Nonvoting members The Commission shall be composed of the following nonvoting members: (i) The Comptroller General of the United States, or designee. (ii) The Secretary of Veterans Affairs, or designee. (iii) The Inspector General of the Department of Veterans Affairs, or designee. (D) Date of appointment of members The appointments of the members of the Commission under subparagraph (A) shall be made not later than 14 days after the date of the enactment of this Act. (3) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting Not later than five days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings The Commission shall meet at the call of the Chairperson. (6) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and vice chairperson The Commission shall select a Chairperson and Vice Chairperson from among its members. (b) Duties of commission (1) Review The Commission shall review current construction and maintenance projects and the medical facility leasing program of the Department of Veterans Affairs to identify any problems experienced by the Department in carrying out such projects and program. (2) Reports (A) Commission report Not later than 120 days after the date of the enactment of this Act, the Commission shall submit to the Secretary of Veterans Affairs, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report setting forth recommendations, if any, for improving the manner in which the Secretary carries out the projects and program specified in paragraph (1). (B) Department report Not later than 60 days after the submittal of the report under subparagraph (A), the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the feasibility and advisability of implementing the recommendations of the Commission, if any, included in the report submitted under such subparagraph, including a timeline for the implementation of such recommendations. (c) Powers of commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from Federal agencies The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such agency shall furnish such information to the Commission. (d) Commission personnel matters (1) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 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. (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (3) Staff (A) In general The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chairperson 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 (4) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that 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. (e) Termination of commission The Commission shall terminate 30 days after the date on which the Commission submits its report under subsection (b)(2)(A). 403. Commission on Access to Care (a) Establishment of commission (1) In general There is established the Commission on Access to Care (in this section referred to as the Commission (2) Membership (A) Voting members The Commission shall be composed of 10 voting members who are appointed by the President as follows: (i) At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 (ii) At least one member from among persons who have experience as senior management for a private integrated health care system with an annual gross revenue of more than $50,000,000. (iii) At least one member from among persons who are familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, and 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) At least two members from among persons who are familiar with the Veterans Health Administration but are not current employees of the Veterans Health Administration. (v) At least two members from among persons who are veterans or eligible for hospital care, medical services, or other health care under the laws administered by the Secretary of Veterans Affairs. (B) Nonvoting members (i) In general In addition to members appointed under subparagraph (A), the Commission shall be composed of 10 nonvoting members who are appointed by the President as follows: (I) At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 (II) At least one member from among persons who have experience as senior management for a private integrated health care system with an annual gross revenue of more than $50,000,000. (III) At least one member from among persons who are familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, and 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) At least two members from among persons who are familiar with the Veterans Health Administration but are not current employees of the Veterans Health Administration. (V) At least two members from among persons who are veterans or eligible for hospital care, medical services, or other health care under the laws administered by the Secretary of Veterans Affairs. (ii) Additional nonvoting members In addition to members appointed under subparagraph (A) and clause (i), the Commission shall be composed of the following nonvoting members: (I) The Comptroller General of the United States, or designee. (II) The Inspector General of the Department of Veterans Affairs, or designee. (C) Date The appointments of members of the Commission shall be made not later than 60 days after the date of the enactment of this Act. (3) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting Not later than 15 days after the date on which seven voting members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings The Commission shall meet at the call of the Chairperson. (6) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and Vice Chairperson The Commission shall select a Chairperson and Vice Chairperson from among its members. (b) Duties of commission (1) Evaluation and assessment The Commission shall undertake a comprehensive evaluation and assessment of access to health care at the Department of Veterans Affairs. (2) Matters evaluated and assessed The matters evaluated and assessed by the Commission shall include the following: (A) The appropriateness of current standards of the Department of Veterans Affairs concerning access to health care. (B) The measurement of such standards. (C) The appropriateness of performance standards and incentives in relation to standards described in subparagraph (A). (D) Staffing levels throughout the Veterans Health Administration and whether they are sufficient to meet current demand for health care from the Administration. (E) The results of the assessment conducted by an independent third party under section 101(a), including any data or recommendations included in such assessment. (3) Reports The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on— (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration. (B) Not later than 180 days after the date of the initial meeting of the Commission, a final report on— (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration. (c) Powers of the commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Commission personnel matters (1) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (3) Staff (A) In general The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that 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. (e) Termination of the commission The Commission shall terminate 30 days after the date on which the Commission submits its report under subsection (b)(3)(B). (f) Funding The Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated or otherwise made available to the Secretary such amounts as the Secretary and the Chairperson of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (g) Executive action (1) Action on recommendations The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President— (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. (2) Reports Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (B) For each recommendation assessed as feasible and advisable under subparagraph (A) the following: (i) Whether such recommendation requires legislative action. (ii) If such recommendation requires legislative action, a recommendation concerning such legislative action. (iii) A description of any administrative action already taken to carry out such recommendation. (iv) A description of any administrative action the President intends to be taken to carry out such recommendation and by whom. 404. Improved performance metrics for health care provided by Department of Veterans Affairs (a) Prohibition on use of scheduling and wait-time metrics in determination of performance awards The Secretary of Veterans Affairs shall ensure that scheduling and wait-time metrics or goals are not used as factors in determining the performance of the following employees for purposes of determining whether to pay performance awards to such employees: (1) Directors, associate directors, assistant directors, deputy directors, chiefs of staff, and clinical leads of medical centers of the Department of Veterans Affairs. (2) Directors, assistant directors, and quality management officers of Veterans Integrated Service Networks of the Department of Veterans Affairs. (b) Modification of performance plans (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary shall modify the performance plans of the directors of the medical centers of the Department and the directors of the Veterans Integrated Service Networks to ensure that such plans are based on the quality of care received by veterans at the health care facilities under the jurisdictions of such directors. (2) Factors In modifying performance plans under paragraph (1), the Secretary shall ensure that assessment of the quality of care provided at health care facilities under the jurisdiction of a director described in paragraph (1) includes consideration of the following: (A) Recent reviews by the Joint Commission (formerly known as the Joint Commission on Accreditation of Healthcare Organizations (B) The number and nature of recommendations concerning such facilities by the Inspector General of the Department in reviews conducted through the Combined Assessment Program (CAP), in the reviews by the Inspector General of community based outpatient clinics and primary care clinics, and in reviews conducted through the Office of Healthcare Inspections during the two most recently completed fiscal years. (C) The number of recommendations described in subparagraph (B) that the Inspector General of the Department determines have not been carried out satisfactorily with respect to such facilities. (D) Reviews of such facilities by the Commission on Accreditation of Rehabilitation Facilities. (E) The number and outcomes of administrative investigation boards, root cause analysis, and peer reviews conducted at such facilities during the fiscal year for which the assessment is being conducted. (F) The effectiveness of any remedial actions or plans resulting from any Inspector General recommendations in the reviews and analyses described in subparagraphs (A) through (E). (3) Additional leadership positions To the degree practicable, the Secretary shall assess the performance of other employees of the Department in leadership positions at Department medical centers, including associate directors, assistant directors, deputy directors, chiefs of staff, and clinical leads, and in Veterans Integrated Service Networks, including assistant directors and quality management officers, using factors and criteria similar to those used in the performance plans modified under paragraph (1). (c) Removal of certain performance goals For each fiscal year that begins after the date of the enactment of this Act, the Secretary shall not include in the performance goals of any employee of a Veterans Integrated Service Network or medical center of the Department any performance goal that might disincentivize the payment of Department amounts to provide hospital care, medical services, or other health care through a non-Department provider. 405. Improved transparency concerning health care provided by Department of Veterans Affairs (a) Publication of wait times (1) Goals (A) Initial Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall publish in the Federal Register, and on an Internet website accessible to the public of each medical center of the Department of Veterans Affairs, the wait-time goals of the Department for the scheduling of an appointment by a veteran for the receipt of health care from the Department. (B) Subsequent changes (i) In general If the Secretary modifies the wait-time goals described in subparagraph (A), the Secretary shall publish the new wait-times goals— (I) on an Internet website accessible to the public of each medical center of the Department not later than 30 days after such modification; and (II) in the Federal Register not later than 90 days after such modification. (ii) Effective date Any modification under clause (i) shall take effect on the date of publication in the Federal Register. (C) Goals described Wait-time goals published under this paragraph shall include goals for primary care appointments, specialty care appointments, and appointments based on the general severity of the condition of the veteran. (2) Wait times at medical centers of the Department Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall publish on an Internet website accessible to the public of each medical center of the Department the current wait time for an appointment for primary care and specialty care at the medical center. (b) Publicly available database of patient safety, quality of care, and outcome measures (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop and make available to the public a comprehensive database containing all applicable patient safety, quality of care, and outcome measures for health care provided by the Department that are tracked by the Secretary. (2) Update frequency The Secretary shall update the database required by paragraph (1) not less frequently than once each year. (3) Unavailable measures For all measures that the Secretary would otherwise publish in the database required by paragraph (1) but has not done so because such measures are not available, the Secretary shall publish notice in the database of the reason for such unavailability and a timeline for making such measures available in the database. (4) Accessibility The Secretary shall ensure that the database required by paragraph (1) is accessible to the public through the primary Internet website of the Department and through each primary Internet website of a Department medical center. (c) Hospital Compare website of Department of Health and Human Services (1) Agreement required Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Secretary of Health and Human Services for the provision by the Secretary of Veterans Affairs of such information as the Secretary of Health and Human Services may require to report and make publicly available patient quality and outcome information concerning Department of Veterans Affairs medical centers through the Hospital Compare Internet website of the Department of Health and Human Services or any successor Internet website. (2) Information provided The information provided by the Secretary of Veterans Affairs to the Secretary of Health and Human Services under paragraph (1) shall include the following: (A) Measures of timely and effective health care. (B) Measures of readmissions, complications of death, including with respect to 30-day mortality rates and 30-day readmission rates, surgical complication measures, and health care related infection measures. (C) Survey data of patient experiences, including the Hospital Consumer Assessment of Healthcare Providers and Systems or any similar successor survey developed by the Department of Health and Human Services. (D) Any other measures required of or reported with respect to hospitals participating in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (3) Unavailable information For any applicable metric collected by the Department of Veterans Affairs or required to be provided under paragraph (2) and withheld from or unavailable in the Hospital Compare Internet website, the Secretary of Veterans Affairs shall publish a notice in the Federal Register stating the reason why such metric was withheld from public disclosure and a timeline for making such metric available, if applicable. (d) Comptroller General review of publicly available safety and quality metrics Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the safety and quality metrics made publicly available by the Secretary of Veterans Affairs under this section to assess the degree to which the Secretary is complying with the provisions of this section. 406. Information for veterans on the credentials of Department of Veterans Affairs physicians (a) Improvement of Our Providers (1) Availability through Department of Veterans Affairs homepage A link to the Our Providers (2) Information on location of residency training The Internet website of the Department that is accessible to the public shall include under the link to the Our Providers (3) Information on physicians at particular facilities The Our Providers (b) Information on credentials of physicians for veterans undergoing surgical procedures (1) In general Each veteran who is undergoing a surgical procedure by or through the Department shall be provided information on the credentials of the surgeon to be performing such procedure at such time in advance of the procedure as is appropriate to permit such veteran to evaluate such information. (2) Other individuals If a veteran is unable to evaluate the information provided under paragraph (1) due to the health or mental competence of the veteran, such information shall be provided to an individual acting on behalf of the veteran. (c) Comptroller General report and plan (1) Report Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth an assessment by the Comptroller General of the following: (A) The manner in which contractors under the Patient-Centered Community Care initiative of the Department perform oversight of the credentials of physicians within the networks of such contractors under the initiative. (B) The oversight by the Department of the contracts under the Patient-Centered Community Care initiative. (C) The verification by the Department of the credentials and licenses of health care providers furnishing hospital care and medical services under section 301. (2) Plan (A) In general Not later than 30 days after the submittal of the report under paragraph (1), the Secretary shall— (i) submit to the Comptroller General, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a plan to address any findings and recommendations of the Comptroller General included in such report; and (ii) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a request for additional amounts, if any, that may be necessary to carry out such plan. (B) Implementation Not later than 90 days after the submittal of the report under paragraph (1), the Secretary shall carry out such plan. 407. Information in annual budget of the President on hospital care and medical services furnished through expanded use of contracts for such care The materials on the Department of Veterans Affairs in the budget of the President for a fiscal year, as submitted to Congress pursuant to section 1105(a) (1) The number of veterans who received hospital care and medical services under section 301 during the fiscal year preceding the fiscal year in which such budget is submitted. (2) The amount expended by the Department on furnishing care and services under such section during the fiscal year preceding the fiscal year in which such budget is submitted. (3) The amount requested in such budget for the costs of furnishing care and services under such section during the fiscal year covered by such budget, set forth in aggregate and by amounts for each account for which amounts are so requested. (4) The number of veterans that the Department estimates will receive hospital care and medical services under such section during the fiscal years covered by the budget submission. (5) The number of employees of the Department on paid administrative leave at any point during the fiscal year preceding the fiscal year in which such budget is submitted. 408. Prohibition on falsification of data concerning wait times and quality measures at Department of Veterans Affairs Not later than 60 days after the date of the enactment of this Act, and in accordance with title 5, United States Code, the Secretary of Veterans Affairs shall establish policies whereby any employee of the Department of Veterans Affairs who knowingly submits false data concerning wait times for health care or quality measures with respect to health care to another employee of the Department or knowingly requires another employee of the Department to submit false data concerning such wait times or quality measures to another employee of the Department is subject to a penalty the Secretary considers appropriate after notice and an opportunity for a hearing, including civil penalties, unpaid suspensions, or termination. 409. Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance (a) Removal or transfer (1) In general Chapter 7 713. Senior Executive Service: removal based on performance (a) In general The Secretary may remove any individual from the Senior Executive Service if the Secretary determines the performance of the individual warrants such removal. If the Secretary so removes such an individual, the Secretary may— (1) remove the individual from the civil service (as defined in section 2101 (2) transfer the individual to a General Schedule position at any grade of the General Schedule for which the individual is qualified and that the Secretary determines is appropriate. (b) Notice to Congress Not later than 30 days after removing or transferring an individual from the Senior Executive Service under subsection (a), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives notice in writing of such removal or transfer and the reason for such removal or transfer. (c) Procedure (1) The procedures under section 7543 (2) (A) Subject to subparagraph (B), any removal or transfer under subsection (a) may be appealed to the Merit Systems Protection Board under section 7701 (B) An appeal under subparagraph (A) of a removal or transfer may only be made if such appeal is made not later than 7 days after the date of such removal or transfer. (d) Expedited review by Merit Systems Protection Board (1) The Merit Systems Protection Board shall expedite any appeal under section 7701 (2) In any case in which the Merit Systems Protection Board determines that it cannot issue a decision in accordance with the 21-day requirement under paragraph (1), the Merit Systems Protection Board shall submit to Congress a report that explains the reason why the Merit Systems Protection Board is unable to issue a decision in accordance with such requirement in such case. (3) There is authorized to be appropriated such sums as may be necessary for the Merit Systems Protection Board to expedite appeals under paragraph (1). (4) The Merit Systems Protection Board may not stay any personnel action taken under this section. (5) A person who appeals under section 7701 (6) A decision made by the Merit Systems Protection Board with respect to a removal or transfer under subsection (a) shall not be subject to any further appeal. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 713. Senior Executive Service: removal based on performance. . (b) Establishment of expedited review process (1) In general Not later than 30 days after the date of the enactment of this Act, the Merit Systems Protection Board shall establish and put into effect a process to conduct expedited reviews in accordance with section 713(d) (2) Inapplicability of certain regulations Section 1201.22 section 713(d) (3) Report by Merit Systems Protection Board Not later than 30 days after the date of the enactment of this Act, the Merit Systems Protection Board shall submit to Congress a report on the actions the Board plans to take to conduct expedited reviews under section 713(d) (c) Temporary exemption from certain limitation on initiation of removal from Senior Executive Service During the 120-day period beginning on the date of the enactment of this Act, an action to remove an individual from the Senior Executive Service at the Department of Veterans Affairs pursuant to section 713 section 7543 section 3592(b) (d) Construction Nothing in this section or section 713 V Health Care Related to Sexual Trauma 501. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training Section 1720D(a)(1) or active duty for training , active duty for training, or inactive duty training 502. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces (a) Expansion of coverage to members of the Armed Forces Subsection (a) of section 1720D (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following new paragraph (2): (2) (A) In operating the program required by paragraph (1), the Secretary may, in consultation with the Secretary of Defense, provide counseling and care and services to members of the Armed Forces (including members of the National Guard and Reserves) on active duty to overcome psychological trauma described in that paragraph. (B) A member described in subparagraph (A) shall not be required to obtain a referral before receiving counseling and care and services under this paragraph. ; and (3) in paragraph (3), as redesignated by paragraph (1)— (A) by striking a veteran an individual (B) by striking that veteran that individual (b) Information to members on availability of counseling and services Subsection (c) of such section is amended— (1) by striking to veterans (2) in paragraph (3), by inserting members of the Armed Forces and individuals (c) Inclusion of members in reports on counseling and services Subsection (e) of such section is amended— (1) in the matter preceding paragraph (1), by striking to veterans (2) in paragraph (2)— (A) by striking women veterans individuals (B) by striking training under subsection (d). (A) veterans; (B) members of the Armed Forces (including members of the National Guard and Reserves) on active duty; and (C) for each of subparagraphs (A) and (B)— (i) men; and (ii) women. ; (3) in paragraph (4), by striking veterans individuals (4) in paragraph (5)— (A) by striking women veterans individuals (B) by inserting , including specific recommendations for individuals specified in subparagraphs (A), (B), and (C) of paragraph (2) (d) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 503. Reports on military sexual trauma (a) Report on services available for military sexual trauma in the Department of Veterans Affairs Not later than 630 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the treatment and services available from the Department of Veterans Affairs for male veterans who experience military sexual trauma compared to such treatment and services available to female veterans who experience military sexual trauma. (b) Reports on transition of military sexual trauma treatment from Department of Defense to Department of Veterans Affairs Not later than 630 days after the date of the enactment of this Act, and annually thereafter for five years, the Department of Veterans Affairs-Department of Defense Joint Executive Committee established by section 320(a) (1) The processes and procedures utilized by the Department of Veterans Affairs and the Department of Defense to facilitate transition of treatment of individuals who have experienced military sexual trauma from treatment provided by the Department of Defense to treatment provided by the Department of Veterans Affairs. (2) A description and assessment of the collaboration between the Department of Veterans Affairs and the Department of Defense in assisting veterans in filing claims for disabilities related to military sexual trauma, including permitting veterans access to information and evidence necessary to develop or support such claims. (c) Definitions In this section: (1) Appropriate committees of congress The term appropriate committees of Congress (A) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives. (2) Military sexual trauma The term military sexual trauma (3) Sexual harassment The term sexual harassment (4) Sexual trauma The term sexual trauma (d) Effective date This section shall take effect on the date that is 270 days after the date of the enactment of this Act. VI Major Medical Facility Leases 601. Authorization of major medical facility leases The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified, and in an amount for each lease not to exceed the amount shown for such location (not including any estimated cancellation costs): (1) For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000. (2) For a community-based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000. (3) For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,250. (4) For the Cobb County community-based Outpatient Clinic, Cobb County, Georgia, an amount not to exceed $6,409,000. (5) For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,370. (6) For a community-based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000. (7) For a replacement community-based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,996,000. (8) For a community-based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000. (9) For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000. (10) For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000. (11) For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000. (12) For a community-based outpatient clinic, San Diego, California, an amount not to exceed $11,946,100. (13) For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000. (14) For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000. (15) For the Worcester community-based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. (16) For the expansion of a community-based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,060. (17) For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000. (18) For the expansion of a community-based outpatient clinic, Chico, California, an amount not to exceed $4,534,000. (19) For a community-based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000. (20) For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000. (21) For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000. (22) For a community-based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,400. (23) For a community-based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000. (24) For a community-based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000. (25) For a community-based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000. (26) For the expansion of a community-based outpatient clinic, Redding, California, an amount not to exceed $8,154,000. 602. Budgetary treatment of Department of Veterans Affairs major medical facilities leases (a) Findings Congress finds the following: (1) Title 31, United States Code, requires the Department of Veterans Affairs to record the full cost of its contractual obligation against funds available at the time a contract is executed. (2) Office of Management and Budget Circular A–11 provides guidance to agencies in meeting the statutory requirements under title 31, United States Code, with respect to leases. (3) For operating leases, Office of Management and Budget Circular A–11 requires the Department of Veterans Affairs to record up-front budget authority in an amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs (b) Requirement for obligation of full cost (1) In general Subject to the availability of appropriations provided in advance, in exercising the authority of the Secretary of Veterans Affairs to enter into leases provided in this Act, the Secretary shall record, pursuant to section 1501 (A) an amount equal to total payments under the full term of the lease; or (B) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs. (2) Self-insuring authority The requirements of paragraph (1) may be satisfied through the use of a self-insuring authority consistent with Office of Management and Budget Circular A–11. (c) Transparency (1) Compliance Subsection (b) of section 8104 (7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A–11 and section 1341 Anti-Deficiency Act (A) an analysis of the classification of the lease as a lease-purchase capital lease operating lease (B) an analysis of the obligation of budgetary resources associated with the lease; and (C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. . (2) Submittal to Congress Such section 8104 is further amended by adding at the end the following new subsection: (h) (1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives— (A) notice of the Secretary’s intention to enter into the lease; (B) a detailed summary of the proposed lease; (C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and (D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A–11. (2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary. (3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph. . (d) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to in any way relieve the Department of Veterans Affairs from any statutory or regulatory obligations or requirements existing prior to the enactment of this section and such amendments. VII Veterans Benefits Matters 701. Expansion of Marine Gunnery Sergeant John David Fry Scholarship (a) Expansion of entitlement Subsection (b)(9) of section 3311 or spouse child (b) Limitation and election on certain benefits Subsection (f) of such section is amended— (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following new paragraphs: (2) Limitation The entitlement of an individual to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) because the individual was a spouse of a person described in such paragraph shall expire on the earlier of— (A) the date that is 15 years after the date on which the person died; and (B) the date on which the individual remarries. (3) Election on receipt of certain benefits A surviving spouse entitled to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) who is also entitled to educational assistance under chapter 35 of this title may not receive assistance under both this section and such chapter, but shall make an irrevocable election (in such form and manner as the Secretary may prescribe) under which section or chapter to receive educational assistance. . (c) Conforming amendment Section 3321(b)(4) of such title is amended— (1) by striking an individual a child (2) by striking such individual’s such child’s 702. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans (a) In general Section 3679 (c) (1) Notwithstanding any other provision of this chapter and subject to paragraphs (3) through (6), the Secretary shall disapprove a course of education provided by a public institution of higher learning to a covered individual pursuing a course of education with educational assistance under chapter 30 or 33 of this title while living in the State in which the public institution of higher learning is located if the institution charges tuition and fees for that course for the covered individual at a rate that is higher than the rate the institution charges for tuition and fees for that course for residents of the State in which the institution is located, regardless of the covered individual’s State of residence. (2) For purposes of this subsection, a covered individual is any individual as follows: (A) A veteran who was discharged or released from a period of not fewer than 90 days of service in the active military, naval, or air service less than three years before the date of enrollment in the course concerned. (B) An individual who is entitled to assistance under section 3311(b)(9) or 3319 of this title by virtue of such individual's relationship to a veteran described in subparagraph (A). (3) If after enrollment in a course of education that is subject to disapproval under paragraph (1) by reason of paragraph (2)(A) or (2)(B) a covered individual pursues one or more courses of education at the same public institution of higher learning while remaining continuously enrolled (other than during regularly scheduled breaks between courses, semesters or terms) at that institution of higher learning, any course so pursued by the covered individual at that institution of higher learning while so continuously enrolled shall also be subject to disapproval under paragraph (1). (4) It shall not be grounds to disapprove a course of education under paragraph (1) if a public institution of higher learning requires a covered individual pursuing a course of education at the institution to demonstrate an intent, by means other than satisfying a physical presence requirement, to establish residency in the State in which the institution is located, or to satisfy other requirements not relating to the establishment of residency, in order to be charged tuition and fees for that course at a rate that is equal to or less than the rate the institution charges for tuition and fees for that course for residents of the State. (5) The Secretary may waive such requirements of paragraph (1) as the Secretary considers appropriate. (6) Disapproval under paragraph (1) shall apply only with respect to educational assistance under chapters 30 and 33 of this title. . (b) Effective date Subsection (c) of section 3679 VIII Appropriation and Emergency Designations 801. Appropriation of emergency amounts There is authorized to be appropriated, and is appropriated, to the Secretary of Veterans Affairs, out of any funds in the Treasury not otherwise appropriated, for fiscal years 2014, 2015, and 2016, such sums as may be necessary to carry out this Act. 802. Emergency designations (a) In general This Act is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) (b) Designation in Senate In the Senate, this Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. June 10, 2014 Read the second time and placed on the calendar

Veterans' Access to Care through Choice, Accountability, and Transparency Act of 2014

Local School Board Governance and Flexibility Act - Expresses the sense of Congress that: (1) the responsibility for education resides with the states and the local educational agencies (LEAs) to which they have delegated authority; and (2) the Secretary of Education should only issue those regulations, rules, guidance materials, grant conditions, or other requirements that are specifically needed to implement federal legislation and are within LEAs' educational, operational, and financial capacity. Prohibits the Secretary, unless specifically authorized by federal law, from issuing regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs that: conflict with the authority of LEAs delegated to them by their state; result in additional costs to LEAs for reporting, grant administration, and general operations that are not fully covered by the federal government; conflict with the authority of LEAs to determine how to engage or act upon community participation and advice; impose requirements on LEAs or state educational agencies (SEAs) that would adversely affect their authority to function as legislative, executive, or quasi-judicial agencies; conflict with states' authority to determine the appropriate governance structure of their SEA or LEAs, or their SEA's or LEAs' authority to determine how schools are governed or managed; establish SEA or LEA reporting requirements that duplicate existing federal requirements or are issued without first conducting a fiscal impact statement; or place conditions or requirements on grants to states or LEAs that do not directly relate to, or do not directly support, the intent of the grants or legislation authorizing the grants. Directs the Secretary during each fiscal year to provide LEAs and the major national education organizations at least 60 days to provide written comments regarding the local impact of implementing federal regulations, rules, guidance materials, grant conditions, or other requirements for any applicable program or activity of the Secretary. Directs the Secretary to review existing LEA reporting requirements to identify and eliminate those that are duplicative. Prohibits the Secretary from promulgating federal regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs without first: requesting data and recommendations from SEAs, LEAs, and the major national education organizations regarding the educational, financial, and operational costs involved in implementing them; verifying that LEAs will have the financial resources and technical assistance they may need to successfully implement the requirements; giving SEAs, LEAs, and national educational organizations at least 60 days' notice to respond to such requirements before they are issued, except in certain emergencies; and giving SEAs and LEAs maximum flexibility in implementing the requirements. Provides that if an LEA or major national education organization provides the Secretary with a written statement demonstrating that a regulation, rule, guidance material, grant condition, or other requirement does not meet the substantive or procedural requirements of this Act, the Secretary must review the merits of the statement, issue a written response within 60 days, and post that response on the Department of Education's website.

113 S2451 IS: Local School Board Governance and Flexibility 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. II 113th CONGRESS 2d Session S. 2451 IN THE SENATE OF THE UNITED STATES June 10, 2014 Mr. Inhofe Committee on Health, Education, Labor, and Pensions A BILL To support the local decisionmaking functions of local educational agencies by limiting the authority of the Secretary of Education to issue regulations, rules, grant conditions, and guidance materials, and for other purposes. 1. Short title This Act may be cited as the Local School Board Governance and Flexibility Act 2. Sense of Congress It is the sense of Congress that— (1) the responsibility for education resides with the States, which have delegated to local school boards the power and authority to adopt policies, establish priorities, and provide accountability to direct the operation of neighborhood schools; (2) local school boards are held accountable by local voters to represent the interests of students, parents, local businesses, civic organizations, taxpayers, and the community at large in determining, subject to State laws and policies, the direction, values, climate, and financial support of the schools in their community; (3) the vital national interest in local self-governance of local educational agencies has been weakened through Department of Education requirements that are either unnecessary to achieve the specific direction of legislation enacted by Congress, or that impose unnecessary limits on the flexibility needed by local educational agencies in order to meet local, State, and Federal goals in education; and (4) to support the local decisionmaking function of local educational agencies, the Secretary of Education should engage only in issuing regulations, rules, grant conditions, guidance materials, and other requirements under the jurisdiction of the Department that are— (A) specifically required to implement Federal legislation; and (B) demonstrated to be educationally, operationally, and financially within the capacity of local educational agencies to implement. 3. Authority of the Secretary Unless specifically authorized by Federal law, the Secretary may not issue a Federal regulation, rule, grant condition, guidance material, or other requirement pertaining to a State educational agency or a local educational agency that— (1) conflicts with the power and authority of the local educational agency delegated by the State regarding the operation of the schools (including the school system’s mission and goals, organization, local budget and budget priorities, education program, curriculum, or extra-curricular activities), student health services and safety, transportation and school boundaries, procurement policies, staffing and personnel policies, capital construction, authority to levy taxes, issue bonds, and acquire land, and other functions essential to the daily operation of the schools within the jurisdiction of the local educational agency; (2) results in additional costs to the local educational agency for reporting, grant administration, and general operations, unless fully funded from Federal funds; (3) conflicts with the power and authority of the local educational agency to determine how to engage or act upon community participation and advice; (4) imposes requirements on a local educational agency or State educational agency that would limit or adversely affect the authority of the local educational agency or State educational agency to function as a legislative, executive, or quasi-judicial agency; (5) conflicts with the authority of— (A) a State to determine the appropriate governance structure of— (i) the State educational agency; or (ii) the State's local educational agencies; or (B) a State educational agency or local educational agency to determine the appropriate governance and management of the schools that the State educational agency or local educational agency serve; (6) establishes reporting requirements for State educational agencies or local educational agencies that duplicate existing Federal requirements or that are issued without first conducting a fiscal impact statement related to the costs to State educational agencies or local educational agencies, as the case may be, including requests for data and recommendations from State educational agencies or local educational agencies and national education organizations consistent with the provisions of section 4(a); or (7) places conditions or requirements on a grant to a State or local educational agency that are not directly related to, or that do not directly support, the intent of the specific purpose of the grant or the legislation authorizing such grant. 4. Opportunity for comment regarding local impact (a) In general During each fiscal year (beginning with the fiscal year following the fiscal year in which this Act is enacted), the Secretary of Education shall provide local educational agencies and the major national education organizations, including those representing local school boards, local school superintendents, principals, and teachers, a minimum of 60 days in order to provide written comments regarding the local impact of implementing Federal regulations, rules, grant conditions, guidance materials, or other requirements for any applicable program or activity of the Secretary. (b) Report The Secretary of Education shall prepare and publish a report based on the comments received pursuant to subsection (a), which shall be forwarded to the chairs and ranking members of the Education and the Workforce Committee of the House of Representatives and the Health, Education, Labor, and Pensions Committee of the Senate not later than July 1 of each year and shall be simultaneously posted on the Department of Education’s website. 5. Efficiency in implementing Federal programs (a) Eliminating reporting duplications Not later than 180 days after the date of enactment of this Act, the Secretary of Education shall conduct a review of existing reporting requirements applicable to local educational agencies resulting from programs and activities under the jurisdiction of the Department of Education to determine duplications and make modifications as necessary to eliminate such reporting duplications. (b) Prohibition The Secretary may not promulgate any regulation, rule, guidance material, grant condition, or other requirement pertaining to a State educational agency or a local educational agency, without first taking the following actions: (1) Requesting data and recommendations from State educational agencies, local educational agencies, and the major national education organizations representing chief State school officers, local school boards, local school superintendents, principals, and teachers regarding the educational, financial, and operational costs involved for implementation, and publishing the data and recommendations provided upon issuance of such regulation, rule, guidance material, grant condition, or other requirement and posting that information on the Department of Education’s website. (2) Verifying, based on the data set forth in paragraph (1), that local educational agencies will have the financial resources and the technical assistance such agencies may need to successfully implement the regulation, rule, guidance material, grant condition, or other requirement, including any Federal requirement that would extend beyond the time that Federal assistance is available for that purpose. (3) Providing State educational agencies, local educational agencies, and the national education organizations identified in paragraph (1) with not less than 60 days notice following the Secretary’s publication of a notice of intent to issue any regulation, rule, guidance material, grant condition, or other requirement to respond, unless a shorter time period is needed to meet an emergency such as a declared natural disaster. (4) Ensuring that maximum flexibility is provided to State educational agencies and local educational agencies in implementing any regulation, rule, guidance material, grant condition, or other requirement. (c) Review and response If a local educational agency or an organization identified in subsection (b) provides the Secretary of Education with a written statement demonstrating that a regulation, rule, guidance material, grant condition, or other requirement does not meet the substantive or procedural requirements of this Act, the Secretary, or the Secretary’s designee, shall review the merits of that statement, provide a written response within 60 days, and post that response on the Department of Education’s website, including a description of what action, if any, the Secretary will take to correct any deficiency that the Secretary determines exists.

Local School Board Governance and Flexibility Act

Social Security Overpayments Fairness Act of 2014 - Reinstates the 10-year statute of limitations period applicable to the collection of amounts paid to Social Security beneficiaries by administrative offset. (This former statute of limitations was repealed effective May 22, 2008.) Amends title II (Old Age, Survivors and Disabillity Insurance) (OASDI) of the Social Security Act (SSA), with respect to overpayments under OASDI or SSA title XVI (Supplementary Security Income for the Aged, Blind, and Disabled) (SSI), to prevent the recovery of any such overpayments made to or on behalf of individuals under age 18 by shielding such individuals from liability for the repayment of such amounts.

113 S2453 IS: Social Security Overpayments Fairness Act of 2014 U.S. Senate 2014-06-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2453 IN THE SENATE OF THE UNITED STATES June 10, 2014 Mrs. Boxer Committee on Finance A BILL To reinstate the 10-year statute of limitations period applicable to collection of amounts paid to Social Security beneficiaries by administrative offset, and prevent recovery of overpayments from individuals under 18 years of age. 1. Short title This Act may be cited as the Social Security Overpayments Fairness Act of 2014 2. Statute of limitation on recovery by administrative offset for amounts paid to Social Security beneficiaries (a) In general Paragraph (2) of section 3716(e) (2) This section does not apply— (A) to a claim under this subchapter relating to any payments made to an individual under title II or title XVI of the Social Security Act that has been outstanding for more than 10 years; or (B) when a statute explicitly prohibits using administrative offset or setoff to collect the claim or type of claim involved. . (b) Effective date The amendment made by subsection (a) shall apply to any debt outstanding on or after the date of the enactment of this Act. 3. Elimination of recovery of overpayments made to or on behalf of a minor (a) In general Section 204(a) of the Social Security Act ( 42 U.S.C. 404(a) (3) Notwithstanding any other provision of this section, in the case of any payment under this title or title XVI of more than the correct amount that is made to or on behalf of an individual who has not attained 18 years of age at the time of such payment, such individual shall not be liable for the repayment of the amount of such payment in excess of the correct amount. . (b) Conforming amendments (1) Cross-program recovery of overpayments Subsection (a) of the undesignated section following section 1146 of the Social Security Act (42 U.S.C. 1320b–17) is amended by striking Subject to subsection (b) Subject to section 204(a)(3) and subsection (b) (2) Overpayment of disability benefits Section 1631(b)(1)(A) of the Social Security Act ( 42 U.S.C. 1383(b)(1)(A) Whenever Subject to section 204(a)(3), whenever (c) Effective date The amendments made by this section shall apply to payments made on or after the date of the enactment of this Act.

Social Security Overpayments Fairness Act of 2014

Satellite Television Access Reauthorization Act of 2014 - Amends federal copyright law, as amended by the Satellite Television Extension and Localism Act of 2010 (STELA), to extend until December 31, 2019, the statutory license under which satellite carriers retransmit distant television broadcast stations to viewers who are unable to receive signals for such stations in their local market. (Currently, the statutory licensing authority for such satellite retransmissions is scheduled to expire on December 31, 2014.) Expands the local service area for cable retransmissions of low power television stations.

113 S2454 IS: Satellite Television Access Reauthorization Act of 2014 U.S. Senate 2014-06-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2454 IN THE SENATE OF THE UNITED STATES June 10, 2014 Mr. Leahy Mr. Grassley Committee on the Judiciary A BILL To amend title 17, United States Code, to extend expiring provisions of the Satellite Television Extension and Localism Act of 2010. 1. Short title This Act may be cited as the Satellite Television Access Reauthorization Act of 2014 2. Reauthorization Chapter 1 (1) in section 111(d)(3)— (A) in the matter preceding subparagraph (A), by striking clause paragraph (B) in subparagraph (B), by striking clause paragraph (2) in section 119— (A) in subsection (a)(6)(E), in the undesignated matter following clause (iii), by striking clause (i) subparagraph (B)(i) (B) in subsection (c)(1)(E), by striking 2014 2019 (C) in subsection (e), by striking 2014 2019 (D) in subsection (g)(7)(C), by inserting the Communications 3. Termination of license (a) In general Section 119 (h) Termination of license This section shall cease to be effective on December 31, 2019. . (b) Conforming amendment Section 107(a) of the Satellite Television Extension and Localism Act of 2010 ( 17 U.S.C. 119

Satellite Television Access Reauthorization Act of 2014

Retirement and Income Security Enhancements (RAISE) Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to entitle divorced spouses to OASDI benefits after 5 (currently 10) years of marriage. Makes the monthly divorced spouse's benefits equal to one-half of the former spouse's primary insurance amount, reduced 10% for each year less than 10 the individual was married to the former spouse. Revises the widow's or widower's insurance benefit for any month to equal the greater of: (1) the primary insurance amount of a deceased individual (as under current law); or (2) in the case of a fully-insured widow or surviving divorced spouse, 75% of the sum of any old-age or disability insurance benefit to which the widow, widower, or surviving divorced spouse is entitled plus the primary insurance amount of the deceased individual. Reduces a widow's or widower's insurance benefits for any month if that individual is also entitled to an old age or disability insurance benefit greater than the widow's or widower's insurance benefit. Sets the benefit in such a case at the level of the primary insurance amount of the deceased individual. Amends SSA title II and the Railroad Retirement Act of 1974 to extend benefits for full-time students up to age 23 (currently age 19) who are enrolled at an educational institution. Amends the Internal Revenue Code to impose an OASDI surtax of: (1) 2% on an employee's income over $400,000 and 2% on the employer, and (2) 4% on an individual's self-employment income over $400,000. Adjusts the $400,0000 threshold each year according to a specified indexing formula. Amends the Railroad Retirement Act of 1974 to apply a similar 2% additional tier 1 tax on railroad employees earning over $400,000 as well as 2% on their railroad employers. Imposes a 4% additional tier 1 tax on representatives of railroad employees earning over $400,000. Specifies a formula to index the $400,000 annually after 2015. Amends SSA title II to: (1) include 2% of the individual's surplus average indexed monthly earnings (AIME) in OASDI primary insurance amounts; and (2) prescribe a formula for computing an individual's surplus AIME that accounts for the total of the individual's additional wages paid in and additional self-employment income credited to the benefit computation year, up to $500,000, indexed after 2015 according to a specified formula.

113 S2455 IS: Retirement and Income Security Enhancements (RAISE) Act U.S. Senate 2014-06-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2455 IN THE SENATE OF THE UNITED STATES June 10, 2014 Mr. Begich Mrs. Murray Committee on Finance A BILL To enhance Social Security benefits for children, divorced spouses, and widows and widowers, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Retirement and Income Security Enhancements (RAISE) Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Improving benefits for divorced spouses, widows, widowers, and surviving divorced spouses. Sec. 3. Extended benefit eligibility for children who are full-time students. Sec. 4. Establishment of payroll surtax for high-income individuals. Sec. 5. Inclusion of surplus earnings in social security benefit formula. 2. Improving benefits for divorced spouses, widows, widowers, and surviving divorced spouses (a) Expansion of benefits for divorced spouses (1) Wife's insurance benefits Section 202(b) of the Social Security Act ( 42 U.S.C. 402(b) (A) in paragraph (1)(G), by striking 10 years 5 years (B) by amending paragraph (2) to read as follows: (2) (A) Except as provided in subsections (k)(5) and (q), a wife's insurance benefit for each month shall be equal to— (i) in the case of a wife (as defined in section 216(b)), one-half of the primary insurance amount of her husband for such month; or (ii) in the case of a divorced wife (as defined in section 216(d)), the applicable percentage (as determined under subparagraph (B)) of one-half of the primary insurance amount of her former husband for such month. (B) For purposes of subparagraph (A)(ii), the applicable percentage shall be equal to 100 percent reduced by 10 percentage points for each year in the period immediately before the date the divorce became effective in which the divorced wife was married to her former husband that is less than 10 years. . (2) Husband's insurance benefits Section 202(c) of the Social Security Act ( 42 U.S.C. 402(c) (A) in paragraph (1)(G), by striking 10 years 5 years (B) by amending paragraph (2) to read as follows: (2) (A) Except as provided in subsections (k)(5) and (q), a husband's insurance benefit for each month shall be equal to— (i) in the case of a husband (as defined in section 216(f)), one-half of the primary insurance amount of his wife for such month; or (ii) in the case of a divorced husband (as defined in section 216(d)), the applicable percentage (as determined under subparagraph (B)) of one-half of the primary insurance amount of his former wife for such month. (B) For purposes of subparagraph (A)(ii), the applicable percentage shall be equal to 100 percent reduced by 10 percentage points for each year in the period immediately before the date the divorce became effective in which the divorced husband was married to his former wife that is less than 10 years. . (b) Improving social security benefits for widows and widowers in two-Income households (1) Widows Section 202(e) of the Social Security Act 42 U.S.C. 402(e) (A) in paragraph (1)— (i) in subparagraph (B), by inserting and (ii) in subparagraph (C)(iii), by striking and (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking becomes entitled to an old-age insurance benefit such deceased individual, (B) by striking subparagraph (A) in paragraph (2) and inserting the following: (2) (A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widow's insurance benefit for each month shall be equal to the greater of— (i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual; or (ii) subject to paragraphs (9) and (10), in the case of a fully-insured widow or surviving divorced wife, 75 percent of the sum of any old-age or disability insurance benefit for which the widow or the surviving divorced wife is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual. ; (C) in paragraph (5)— (i) in subparagraph (A), by striking paragraph (1)(F) paragraph (1)(E) (ii) in subparagraph (B), by striking paragraph (1)(F)(i) paragraph (1)(E)(i) (D) by adding at the end the following new paragraphs: (9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced wife, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(b)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). (10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual— (A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits); and (B) to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year. . (2) Widowers Section 202(f) of the Social Security Act (A) in paragraph (1)— (i) in subparagraph (B), by inserting and (ii) in subparagraph (C)(iii), by striking and (iii) by striking subparagraph (D); (iv) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively; and (v) in the flush matter following subparagraph (E)(ii), as so redesignated, by striking becomes entitled to an old-age insurance benefit such deceased individual, (B) by striking subparagraph (A) in paragraph (2) and inserting the following: (2) (A) Except as provided in subsection (k)(5), subsection (q), and subparagraph (D) of this paragraph, such widower's insurance benefit for each month shall be equal to the greater of— (i) subject to paragraph (9), the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual; or (ii) subject to paragraphs (9) and (10), in the case of a fully-insured widower or surviving divorced husband, 75 percent of the sum of any old-age or disability insurance benefit for which the widower or the surviving divorced husband is entitled for such month and the primary insurance amount (as determined for purposes of this subsection after application of subparagraphs (B) and (C)) of such deceased individual. ; (C) in paragraph (5)— (i) in subparagraph (A), by striking paragraph (1)(F) paragraph (1)(E) (ii) in subparagraph (B), by striking paragraph (1)(F)(i) paragraph (1)(E)(i) (D) by adding at the end the following new paragraphs: (9) For purposes of clauses (i) and (ii) of paragraph (2)(A), in the case of a surviving divorced husband, the amount determined under either such clause (and, for purposes of clause (ii) of paragraph (2)(A), as determined after application of paragraph (10)) shall be equal to the applicable percentage (as determined under section 202(c)(2)(B)) of such amount (as determined before application of this paragraph but after application of subsection (k)(3)). (10) For purposes of paragraph (2)(A)(ii), the amount determined under such paragraph shall not exceed the primary insurance amount for such month of a hypothetical individual— (A) who became entitled to old-age insurance benefits upon attaining early retirement age during the month in which the deceased individual referred to in paragraph (1) became entitled to old-age or disability insurance benefits, or died (before becoming entitled to such benefits); and (B) to whom wages and self-employment income were credited in each of such hypothetical individual’s elapsed years (within the meaning of section 215(b)(2)(B)(iii)) in an amount equal to the national average wage index (as described in section 209(k)(1)) for each such year. . (3) Reduction of benefit for individuals entitled to simultaneous benefits Section 202(k)(3) of the Social Security Act ( 42 U.S.C. 402(k)(3) (A) in subparagraph (A), by striking If an individual Except as provided in subparagraph (C), if an individual (B) by adding at the end the following new subparagraph: (C) If an individual is entitled for any month to a widow's or widower's insurance benefit and is also entitled to an old-age or disability insurance benefit for such month that is greater than such widow's or widower's insurance benefit, the reduction described in subparagraph (A), with respect to such widow's or widower's insurance benefit, shall be carried out by substituting an amount equal to the primary insurance amount of the deceased individual referred to in subsection (e)(1) or (f)(1) (as determined for purposes of subsection (e)(2)(A)(i) or (f)(2)(A)(i)) for the amount equal to the old-age or disability insurance benefit of the individual entitled to the widow's or widower's insurance benefit. . (c) Conforming amendments Section 216(d) of the Social Security Act ( 42 U.S.C. 416(d) (1) in paragraph (1), by striking 10 years 5 years (2) in paragraph (2), by striking 10 years 5 years (3) in paragraph (4), by striking 10 years 5 years (4) in paragraph (5), by striking 10 years 5 years (d) Effective date The amendments made by this section shall apply with respect to wife’s insurance benefits, husband’s insurance benefits, widow's insurance benefits, and widower's insurance benefits that are payable for months beginning after December 31, 2014. 3. Extended benefit eligibility for children who are full-time students (a) In general (1) Extension of benefits Section 202(d) of the Social Security Act ( 42 U.S.C. 402(d) (A) in paragraphs (1)(B), (1)(E), (1)(F)(i), (1)(G)(ii), (6)(A), (6)(D), (6)(E)(i), (7)(A), (7)(B), and (7)(D), by striking full-time elementary or secondary school student full-time student (B) in paragraphs (1)(B), (1)(F)(ii), (1)(G)(iii), (6)(A), (6)(D), (6)(E)(ii), and (7)(D), by striking 19 23 (C) in subparagraphs (A), (B), and (D) of paragraph (7), by striking elementary or secondary school educational institution (D) in paragraph (7)(A), by striking schools involved institutions involved (E) in paragraph (7), by amending subparagraph (C) to read as follows: (C) For purposes of this subsection, the term educational institution (i) a school which provides elementary or secondary education as determined under the law of the State or other jurisdiction in which it is located; and (ii) an institution described in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ; and (F) in paragraph (7)(D), by striking diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i)) diploma, degree, or equivalent certificate from an institution described in subparagraph (C)(ii) (2) Effective date The amendments made by this subsection shall apply to child's insurance benefits that are payable for months beginning after December 31, 2014. (b) Temporary exclusion from determination of maximum family benefits Section 203(a) of the Social Security Act ( 42 U.S.C. 403(a) (1) in paragraph (3)— (A) by redesignating subparagraph (D) as subparagraph (E); and (B) by inserting after subparagraph (C) the following new subparagraph: (D) During the period that begins on January 1, 2015, and ends on December 31, 2019, when any of such individuals has attained age 19 and is entitled to monthly benefits as a child who is a full-time student under section 202(d)(1)(B)(i) for any month, the benefit to which he or she is entitled on the basis of the wages and self-employment income of such insured individual for such month shall be determined without regard to this subsection, and the benefits of all other individuals who are entitled for such month to monthly benefits under section 202 on the wages and self-employment income of such insured individual shall be determined as if no such child were entitled to benefits for such month. ; and (2) in paragraph (6), by inserting (3)(E), (3)(D), (c) Railroad Retirement Act (1) Section 2(d) of the Railroad Retirement Act of 1974 (45 U.S.C. 232(2)(d)) is amended— (A) in clause (iii) of paragraph (1), by striking will be less than nineteen years of age and a full-time elementary or secondary school student will be less than 23 years of age and a full-time student at an educational institution (as defined in section 202(d)(7) of the Social Security Act) (B) in paragraph (4)— (i) by striking elementary or secondary school educational institution (ii) by striking nineteen 23 (iii) by striking a diploma or equivalent certificate from a secondary school (as defined in section 202(d)(7)(c)(i) of the Social Security Act) a diploma, degree, or equivalent certificate from an institution described in section 202(d)(7)(C)(ii) of the Social Security Act (2) Section 5(c)(7) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 235(c)(7) (A) by striking elementary or secondary school educational institution (B) by striking 19 23 4. Establishment of payroll surtax for high-income individuals (a) Self-Employment income surtax Section 1401 (1) by redesignating subsection (c) as subsection (d), and (2) by inserting after subsection (b) the following new subsection: (c) Additional tax for old-Age, survivors, and disability insurance (1) In general In addition to the taxes imposed by the preceding subsections, there is hereby imposed on every individual for each taxable year beginning after December 31, 2014, a tax equal to 4 percent of additional self-employment income for such taxable year. (2) Additional self-employment income For purposes of paragraph (1), the term additional self-employment income (A) the sum of self-employment income (determined without regard to section 1402(b)(1)) for the taxable year and wages (as defined in section 3121(a), determined without regard to paragraph (1) thereof) paid to such individual during such taxable year, over (B) the sum of the additional wages (as defined in section 3101(c)(2)) paid to such individual for the taxable year and the amount determined under paragraph (3) for the taxable year. Rules similar to the rules of subparagraph (A) of the second sentence of section 1402(b) shall apply for purposes of determining wages under clause (i). (3) Exemption amount The amount determined under this paragraph is an amount equal to— (A) in the case of a taxable year beginning after December 31, 2014, and before January 1, 2016, $400,000, and (B) in the case of any taxable year beginning after December 31, 2015, the product of— (i) $400,000, and (ii) the quotient obtained by dividing— (I) the national average wage index (as defined in section 209(k)(1)) for the calendar year which is 2 years before the calendar year in which the taxable year begins, by (II) the national average wage index for calendar year 2013. . (b) Employee wage surtax Section 3101 (1) by redesignating subsection (c) as subsection (d), and (2) by inserting after subsection (b) the following new subsection: (c) Additional tax for old-Age, survivors, and disability insurance (1) In general In addition to the taxes imposed by the preceding subsections, there is hereby imposed on the income of every individual a tax equal to 2 percent of additional wages (as defined in paragraph (2)) which are received with respect to employment during any calendar year beginning after December 31, 2014. (2) Additional wages For purposes of paragraph (1), the term additional wages wages (A) for calendar year 2015, $400,000, and (B) for any calendar year after 2015, the product of— (i) $400,000, and (ii) the quotient obtained by dividing— (I) the national average wage index (as defined in section 209(k)(1)) for the second preceding calendar year, by (II) the national average wage index for calendar year 2013. . (c) Employer wage surtax Section 3111 (f) Additional tax for old-Age, survivors, and disability insurance (1) In general In addition to the taxes imposed by subsections (a) and (b), there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 2 percent of additional wages (as defined in paragraph (2)) paid by the employer with respect to employment during any calendar year beginning after December 31, 2014. (2) Additional wages For purposes of paragraph (1), the term additional wages . (d) Railroad Retirement Tax Act (1) Railroad employees Section 3201 (A) by redesignating subsection (c) as subsection (d), and (B) by inserting after subsection (b) the following new subsection: (c) Additional tier 1 tax (1) In general In addition to the taxes imposed by the preceding subsections, there is hereby imposed on the income of each employee a tax equal to 2 percent of additional compensation (as defined in paragraph (2)) received by such employee during any calendar year beginning after December 31, 2014, for services rendered by such employee. (2) Additional compensation For purposes of paragraph (1), the term additional compensation compensation (A) for calendar year 2015, $400,000, and (B) for any calendar year after 2015, the product of— (i) $400,000, and (ii) the quotient obtained by dividing— (I) the national average wage index (as defined in section 209(k)(1)) for the second preceding calendar year, by (II) the national average wage index for calendar year 2013. . (2) Railroad employee representatives Section 3211 (A) by redesignating subsection (c) as subsection (d), and (B) by inserting after subsection (b) the following new subsection: (c) Additional tier 1 tax In addition to the taxes imposed by the preceding subsections, there is hereby imposed on the income of each employee representative a tax equal to 4 percent of additional compensation (as defined under section 3201(c)) received by such employee representative during any calendar year beginning after December 31, 2014, for services rendered by such employee representative. . (3) Railroad employers Section 3221 (e) Additional tier 1 tax In addition to the taxes imposed by subsections (a) and (b), there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 2 percent of additional compensation (as defined under section 3201(c)) paid by such employer during any calendar year beginning after December 31, 2014, for services rendered to such employer. . (4) Social Security Equivalent Benefit Account Section 15A(b)(1)(A) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n–1(b)(1)(A) sections 3201(a), 3211(a)(1), and 3221(a) of the Railroad Retirement Tax Act subsections (a) and (c) of section 3201, subsections (a) and (c) of section 3211, and subsections (a) and (e) of section 3221 (e) Amendments to the Social Security Act (1) Transfer of amounts to Federal Old-Age and Survivors Insurance Trust Fund Section 201 of the Social Security Act ( 42 U.S.C. 401 (A) in subsection (b)(3)— (i) by inserting and additional wages (as defined in section 1402(c) of such Code) section 3121 of such Code) (ii) by inserting and additional wages such wages (iii) by inserting and additional wages which wages (iv) by inserting and additional wages records of wages (B) in subsection (b)(4)— (i) by inserting and additional self-employment income (as defined in section 3101(c) of such Code) section 1402 of such Code) (ii) by inserting and additional self-employment income such self-employment income (iii) by inserting and additional self-employment income which self-employment income (iv) by inserting and additional self-employment income records of self-employment income (C) in subsection (c)(1)(R)— (i) by inserting and additional wages (as so defined) wages (as so defined) (ii) by inserting and additional wages which wages (iii) by inserting and additional wages records of wages (D) in subsection (c)(2)(R)— (i) by inserting and additional self-employment income (as so defined) self-employment income (as so defined) (ii) by inserting and additional self-employment income which self-employment income (iii) by inserting and additional self-employment income records of self-employment income (2) Definition of additional wages Section 209 of the Social Security Act ( 42 U.S.C. 409 (l) Additional wages For purposes of this title, the term additional wages wages (1) for calendar year 2015, $400,000, and (2) for any calendar year after 2015, the product of— (A) $400,000, and (B) the quotient obtained by dividing— (i) the national average wage index (as defined in section 209(k)(1)) for the second preceding calendar year, by (ii) the national average wage index for calendar year 2013. . (3) Definition of additional self-employment income Section 211 of the Social Security Act ( 42 U.S.C. 411 (m) Additional Self-Employment Income (1) For purposes of this title, the term additional self-employment income (A) the sum of self-employment income (determined without regard to subsection (b)(1)) for the taxable year and wages (as defined in section 209(a), determined without regard to paragraph (1) thereof) paid to such individual during such taxable year, over (B) the sum of the additional wages paid to such individual for the taxable year and the amount determined under paragraph (2) for the taxable year. (2) The amount determined under this paragraph is an amount equal to— (A) in the case of a taxable year beginning after December 31, 2014, and before January 1, 2016, $400,000, and (B) in the case of any taxable year beginning after December 31, 2015, the product of— (i) $400,000, and (ii) the quotient obtained by dividing— (I) the national average wage index (as defined in section 209(k)(1)) for the calendar year which is 2 years before the calendar year in which the taxable year begins, by (II) the national average wage index for calendar year 2013. . 5. Inclusion of surplus earnings in social security benefit formula (a) Inclusion of surplus average indexed monthly earnings in determination of primary insurance amounts Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended— (1) in clauses (i), (ii), and (iii), by inserting basic average indexed monthly earnings (2) in clause (ii), by striking and (3) in clause (iii), by inserting and (4) by inserting after clause (iii) the following new clause: (iv) 2 percent of the individual’s surplus average indexed monthly earnings, . (b) Basic AIME and surplus AIME (1) Basic AIME Section 215(b)(1) of such Act ( 42 U.S.C. 415(b)(1) (A) in the matter preceding subparagraph (A), by inserting basic average (B) in subparagraph (A), by striking paragraph (3) paragraph (3)(A) to the extent such total does not exceed the contribution and benefit base for the applicable year (2) Surplus AIME (A) In general Section 215(b)(1) of such Act (as amended by paragraph (1)) is amended— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (ii) by inserting (A) (b)(1) (iii) by adding at the end the following new subparagraph: (B) (i) An individual’s surplus average indexed monthly earnings shall be equal to the quotient obtained by dividing— (I) the total (after adjustment under paragraph (3)(B)) of such individual’s surplus earnings (determined under clause (ii)) for such individual’s benefit computation years (determined under paragraph (2)), by (II) the number of months in those years. (ii) For purposes of clause (i) and paragraph (3)(B), an individual’s surplus earnings for a benefit computation year are the total of such individual’s additional wages (as defined in section 209(l)) paid in and additional self-employment income (as defined in section 209(m)) credited to such benefit computation year, to the extent such total does not exceed the amount determined for such year under clause (iii). (iii) For purposes of clause (ii), the amount determined under this clause is— (I) in the case of a benefit computation year beginning after December 31, 2014, and before January 1, 2016, $500,000; and (II) in the case of any benefit computation year beginning on or after January 1, 2016, the product of $500,000 and the quotient obtained by dividing— (aa) the national average wage index (as defined in section 209(k)(1)) for the calendar year which is 2 years before the calendar year in which the benefit computation year begins, by (bb) the national average wage index for calendar year 2013. . (B) Conforming amendment The heading for section 215(b) of such Act is amended by striking Average Indexed Monthly Earnings Basic Average Indexed Monthly Earnings; Surplus Average Indexed Monthly Earnings (3) Adjustment of surplus earnings for purposes of determining surplus AIME Section 215(b)(3) of such Act ( 42 U.S.C. 415(b)(3) (A) in subparagraph (A), by striking subparagraph (B) subparagraph (C) and determination of basic average indexed monthly income paragraph (2) (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: (B) For purposes of determining under paragraph (1)(B) an individual’s surplus average indexed monthly earnings, the individual’s surplus earnings (described in paragraph (1)(B)(ii)) for a benefit computation year shall be deemed to be equal to the product of— (i) the individual’s surplus earnings for such year (as determined without regard to this subparagraph), and (ii) the quotient described in subparagraph (A)(ii). . (c) Railroad Retirement Act Section 1(h)(5) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231(h)(5) (1) by striking and (2) by striking the period at the end of clause (iii) and inserting ; and (3) by adding at the end the following new clause: (iv) for each such calendar month after 2014, the amount which is creditable as such individual's additional wages . (d) Effective date The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act ( 42 U.S.C. 415(a)(3)(B)

Retirement and Income Security Enhancements (RAISE) Act

Highway Runoff Management Act - Requires each state to develop for approval a state highway stormwater management program consisting of management measures to prevent, reduce, or control highway runoff from federal-aid highway projects. Directs the Secretary of Transportation (DOT) to publish guidance to assist states in the establishment of such measures.

113 S2457 IS: Highway Runoff Management Act U.S. Senate 2014-06-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2457 IN THE SENATE OF THE UNITED STATES June 10, 2014 Mr. Cardin Committee on Environment and Public Works A BILL To require States to establish highway stormwater management programs. 1. Short title This Act may be cited as the Highway Runoff Management Act 2. Federal-aid highway runoff management (a) In general Chapter 3 330. Federal-aid highway runoff management program (a) Definitions In this section, the following definitions apply: (1) Covered project The term covered project (A) a 10-percent or greater increase in impervious surface of the aerial extent within the right-of-way of the project limit on a Federal-aid highway or associated facility; or (B) an increase of 1 acre or more in impervious surface coverage. (2) Erosive force The term erosive force (3) Highway runoff The term highway runoff (4) Impacted hydrology The term impacted hydrology (5) Management measure The term management measure (b) State highway stormwater management programs (1) In general Not later than 1 year after the date of enactment of this section, each State shall— (A) develop a process for analyzing the erosive force of highway runoff generated from covered projects; and (B) apply management measures to maintain or restore impacted hydrology associated with highway runoff from covered projects. (2) Inclusions The management measures established under paragraph (1) may include, as the State determines to be appropriate, management measures that— (A) minimize the erosive force of highway runoff from a covered project on a channel bed or bank of receiving water by managing highway runoff within the area of the covered project; (B) manage impacted hydrology in such a manner that the highway runoff generated by a covered project is below the erosive force flow and volume; (C) to the maximum extent practicable, seek to address the impact of the erosive force of hydrologic events that have the potential to create or exacerbate downstream channel erosion, including excess pier and abutment scour at bridges and channel downcutting and bank failure of streams adjacent to highway embankments; (D) ensure that the highway runoff from the post-construction condition does not increase the risk of channel erosion relative to the preproject condition; and (E) employ simplified approaches to determining the erosive force of highway runoff generated from covered projects, such as a regionalized analysis of streams within a State. (c) Guidance (1) In general Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the heads of other relevant Federal agencies, shall publish guidance to assist States in carrying out this section. (2) Contents of guidance The guidance shall include guidelines and technical assistance for the establishment of State management measures that will be used to assist in avoiding, minimizing, and managing highway runoff from covered projects, including guidelines to help States integrate the planning, selection, design, and long-term operation and maintenance of management measures consistent with the design standards in the overall project planning process. (3) Approval The Secretary, in consultation with the heads of other relevant Federal agencies, shall— (A) review the management measures program of each State; and (B) approve such a program, if the program meets the requirements of subsection (b). (4) Updates Not later than 5 years after the date of publication of the guidance under this subsection, and not less frequently than once every 5 years thereafter— (A) the Secretary, in consultation with the heads of other relevant Federal agencies, shall update the guidance, as applicable; and (B) each State, as applicable, shall update the management measures program of the State in accordance with the updated guidance. (d) Reporting (1) In general Except as provided in paragraph (2)(A), each State shall submit to the Secretary an annual report that describes the activities carried out under the highway stormwater management program of the State, including a description of any reductions of stormwater runoff achieved as a result of covered projects carried out by the State after the date of enactment of this section. (2) Reporting requirements under permit (A) In general A State shall not be required to submit an annual report described in paragraph (1) if the State— (i) is operating Federal-aid highways in the State in a post-construction condition in accordance with a permit issued under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (ii) is subject to an annual reporting requirement under such a permit (regardless of whether the permitting authority is a Federal or State agency); and (iii) carries out a covered project with respect to a Federal-aid highway in the State described in clause (i). (B) Transmission of report A Federal or State permitting authority that receives an annual report described in subparagraph (A)(ii) shall, on receipt of such a report, transmit a copy of the report to the Secretary. . (b) Clerical amendment The analysis for chapter 3 330. Federal-aid highway runoff management program. .

Highway Runoff Management Act

American Indian Teacher Loan Forgiveness Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to provide up to $17,500 of loan forgiveness to borrowers under the Federal Family Education Loan program or the William D. Ford Federal Direct Loan program who: (1) are a member of an Indian tribe, and (2) have been employed as a full-time teacher for five consecutive complete school years in an Indian school or in a local educational agency that serves at least 10 Indian students or whose schools have an enrollment of students at least 25% of which are Indians.

113 S2458 IS: American Indian Teacher Loan Forgiveness Act of 2014 U.S. Senate 2014-06-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2458 IN THE SENATE OF THE UNITED STATES June 10, 2014 Mr. Walsh Committee on Indian Affairs A BILL To provide student loan forgiveness for American Indian educators teaching in local educational agencies with a high percentage of American Indian students. 1. Short title This Act may be cited as the American Indian Teacher Loan Forgiveness Act of 2014 2. Student loan forgiveness for American Indian educators teaching in local educational agencies with a high percentage of American Indian students (a) Part B loans Section 428J(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(c) (4) American Indian teachers in local educational agencies with a high percentage of American Indian students Notwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall repay under this section shall be not more than $17,500 in the case of a borrower who— (A) has been employed as a full-time teacher for 5 consecutive complete school years as a teacher in a local educational agency described in section 7112(b) of the Elementary and Secondary Education Act of 1965 or in a school overseen by the Bureau of Indian Education of the Department; and (B) is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b . (b) Part D loans Section 460(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087j(c) (4) American Indian teachers in local educational agencies with a high percentage of American Indian students Notwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall cancel under this section shall be not more than $17,500 in the case of a borrower who— (A) has been employed as a full-time teacher for 5 consecutive complete school years as a teacher in a local educational agency described in section 7112(b) of the Elementary and Secondary Education Act of 1965 or in a school overseen by the Bureau of Indian Education of the Department; and (B) is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b .

American Indian Teacher Loan Forgiveness Act of 2014

Know Before You Owe Federal Student Loan Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to provide pre-loan counseling at or prior to the first disbursement of a new loan to a student borrower under the William D. Ford Federal Direct Loan program. (Currently, such counseling is limited to students who are first-time borrowers of such loans.) Adds to the information to be provided to students as part of such counseling: an estimate of their projected loan debt-to-income ratio upon graduation and their estimated total student loan debt, calculated for their particular program of study; a statement that they should borrow the minimum amount necessary to cover expenses; information about the default risk of having a projected loan debt-to-income ratio greater than 12%; options for reducing borrowing through scholarships, reduced expenses, work-study, or other work opportunities; and an explanation of the importance of graduating on time and of how adding an additional year of study impacts total indebtedness. Requires each IHE, prior to certifying a Federal Direct Loan for disbursement to a student borrower, to ensure that the student manually enters, either in writing or through electronic means, the exact dollar amount of such loan that the student desires to borrow.

113 S2459 IS: Know Before You Owe Federal Student Loan Act of 2014 U.S. Senate 2014-06-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2459 IN THE SENATE OF THE UNITED STATES June 10, 2014 Mr. Grassley Committee on Health, Education, Labor, and Pensions A BILL To revise counseling requirements for certain borrowers of student loans and for other purposes. 1. Short title This Act may be cited as the Know Before You Owe Federal Student Loan Act of 2014 2. Pre-Loan Counseling and certification of loan amount Section 485(l) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(l) (1) in the subsection heading, by striking Entrance Counseling Pre-Loan Counseling (2) in paragraph (1)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking a disbursement to a first-time borrower of a loan the first disbursement of each new loan (or the first disbursement in each award year if more than one new loan is obtained in the same award year) (B) in clause (ii)(I), by striking an entrance counseling a counseling (3) in paragraph (2)— (A) by striking clause (i) of subparagraph (G) and inserting the following: (i) an estimate of the borrower's projected loan debt-to-income ratio upon graduation, calculated using the best available data on starting wages for the borrower’s program of study and the estimated total student loan debt, including Federal and private loan debt already incurred and the estimated future debt required to complete the program of study; and ; and (B) by adding at the end the following: (L) A statement that the borrower should borrow the minimum amount necessary to cover expenses and that the borrower does not have to accept the full amount of loans for which the borrower is eligible. (M) Information about the default risk of having a projected loan debt-to-income ratio greater than 12 percent. (N) Options for reducing borrowing through scholarships, reduced expenses, work-study, or other work opportunities. (O) An explanation of the importance of graduating on time to avoid additional borrowing, and information on how adding an additional year of study impacts total indebtedness. ; and (4) by adding at the end the following: (3) In addition to the other requirements of this subsection, each eligible institution shall, prior to certifying a Federal direct loan under part D for disbursement to a student (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student), ensure that the student manually enter, either in writing or through electronic means, the exact dollar amount of Federal direct loan funding under part D that such student desires to borrow. . 3. Conforming Amendments (a) Program participation agreements Section 487(e)(2)(B)(ii)(IV) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(e)(2)(B)(ii)(IV) (1) by striking Entrance and exit counseling Pre-loan and exit counseling (2) by striking entrance and exit counseling pre-loan and exit counseling (b) Regulatory relief and improvement Section 487A of the Higher Education Act of 1965 ( 20 U.S.C. 1094a entrance and exit interviews pre-loan and exit interviews

Know Before You Owe Federal Student Loan Act of 2014

CHIP Extension Act of 2014 - Revises and extends through FY2019 at generally increased levels the program under title XXI (State Children's Health Insurance) (CHIP) of the Social Security Act (SSA), and adjusts CHIP allotment requirements accordingly, including the rebasing and growth factor update rules for computing state allotments.Sets forth new requirements for the enrollment and retention of children for fiscal years after FY2014. Establishes in the Treasury the CHIP Shortfall Fund, which shall be available without further appropriations for payments to shortfall states whose projected CHIP expenditures for the fiscal year will exceed a specified amount. Gives states the option to increase up to 26 the upper age limit for CHIP-eligible children with special health care needs. Requires a state to establish procedures to eliminate gaps in coverage and to assist a child's and pregnant woman's transition: (1)  from coverage under the state plan under SSA title XIX (Medicaid) or the state CHIP plan to coverage under a qualified health plan offered through an Exchange, and (2) from coverage under a qualified health plan to coverage under a state Medicaid or CHIP plan. Directs the Secretary to develop comparability standards with respect to affordability, benefits, and network adequacy which qualified health plans offered by a state-established Exchange must meet to be certified for such transitions. Amends the Internal Revenue Code, with respect to minimum essential coverage for a targeted pregnant low-income woman under CHIP, to exclude from such coverage, at a woman's option, pregnancy-related assistance. Provides automaticenrollment under CHIP for newborns. Amends SSA title XIX (Medicaid) to give states the option to extend express lane eligibility to pregnant women. Makes permanent the express lane option and the CHIP outreach and enrollment grant program. Requires a national campaign to increase enrollment in CHIP or Medicaid of children from families that speak a language other than English. Limits to 5% of family income the total annual aggregate amount of any premium, enrollment fee, deduction or other cost sharing imposed under a Medicaid plan with respect to individuals and their families.. Amends SSA title XXI to prohibit cost-sharing for pregnancy-related assistance. Imposes under CHIP a certain limit on cost-sharing for dental-only supplemental coverage. Amends SSA titles XIX and XXI to cover preventive services for children or pregnant women without cost-sharing. Amends SSA title XIX to cover newly approved vaccines within 30 days after the Advisory Committee on Immunization Practices approves them. Treats CHIP-eligible children as federally vaccine-eligible children. Makes permanent the program for the distribution of pediatric vaccines. Amends SSA title XI to extend the pediatric quality measures program. Requires the Secretary to establish a program to continue and enhance pediatric quality measures program centers of excellence. Revises requirements for initial core measures. Directs the Secretary to convene a panel of health experts to establish priorities and goals for child health as recommended in a specified report by the Institute of Medicine. Modifies and extends the Demonstration Projects for Improving the Quality of Children's Health Care and the Use of Health Information Technology. Extends funding for Childhood Obesity Demonstration Projects and maternal, infant, and early childhood home visiting programs. Directs the Comptroller General (GAO) to study each state in which individuals eligible for Medicaid or CHIP are provided such assistance through enrollment in a qualified health plan or employer-sponsored insurance.

113 S2461 IS: CHIP Extension Act of 2014 U.S. Senate 2014-06-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2461 IN THE SENATE OF THE UNITED STATES June 11, 2014 Mr. Rockefeller Committee on Finance A BILL To amend title XXI of the Social Security Act to extend and improve the Children's Health Insurance Program, and for other purposes. 1. Short title; amendments to Social Security Act; references; table of contents (a) Short title This Act may be cited as the CHIP Extension Act of 2014 (b) Amendments to Social Security Act Except as otherwise specifically 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 Social Security Act. (c) References to CHIP; Medicaid; Secretary In this Act: (1) CHIP The term CHIP 42 U.S.C. 1397aa et seq. (2) Medicaid The term Medicaid 42 U.S.C. 1396 et seq. (3) Secretary The term Secretary (d) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; amendments to Social Security Act; references; table of contents. Sec. 2. Purposes. Sec. 3. General effective date; exception for State legislation; reliance on law. TITLE I—Financing Sec. 101. Extension of CHIP. Sec. 102. Continuation and update of performance incentives. Sec. 103. Funds to address any Federal funding shortfalls for States. TITLE II—Eligibility and Enrollment Subtitle A—Coverage Continuity Sec. 201. State option to increase upper age limit for children with special health care needs. Sec. 202. Improving coverage transitions from Medicaid or CHIP to coverage under a qualified health plan. Sec. 203. Assuring coverage continuity for former foster care children. Subtitle B—Enrollment Simplification and Improvements Sec. 211. Automatic enrollment for newborns under CHIP. Sec. 212. Express Lane Eligibility extension and application to pregnant women, foster children, and children with special health care needs. Sec. 213. Outreach to targeted populations. TITLE III—Affordability Sec. 301. Strengthened cost sharing protections under Medicaid and CHIP. TITLE IV—Benefits Sec. 401. Preventive health services. Sec. 402. Timely immunization coverage. TITLE V—Access and Quality Subtitle A—Pediatric Quality Measures Sec. 501. Extending the pediatric quality measures program. Sec. 502. Improving the effectiveness of the pediatric quality measures. Sec. 503. Annual State reports regarding State-specific quality of care measures applied under Medicaid or CHIP. Sec. 504. Advisory panel regarding pediatric quality. Sec. 505. Extending and expanding demonstration projects. Subtitle B—Maternal, Infant, and Early Childhood Home Visiting Program Sec. 511. Supporting evidence-based care coordination in communities. Subtitle C—Comparative study of Medicaid, CHIP, and qualified health plans Sec. 521. GAO study and report. TITLE VI—Budgetary Effects Sec. 601. Budgetary effect of this Act. 2. Purposes The purposes of this Act are to ensure the extension of CHIP, safeguard child-specific health coverage for millions of children, and make improvements to promote children's access to cost-effective, high-quality health care. 3. General effective date; exception for State legislation; reliance on law (a) General effective date Unless otherwise provided in this Act, subject to subsections (b) and (c), this Act and the amendments made by this Act shall take effect on October 1, 2015, and shall apply to child health assistance and medical assistance provided on or after that date. (b) Exception for State legislation In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (c) Reliance on law With respect to amendments made by this Act that become effective as of a date— (1) such amendments are effective as of such date whether or not regulations implementing such amendments have been issued; and (2) Federal financial participation for medical assistance or child health assistance furnished under title XIX or XXI, respectively, of the Social Security Act on or after such date by a State in good faith reliance on such amendments before the date of promulgation of final regulations, if any, to carry out such amendments (or before the date of guidance, if any, regarding the implementation of such amendments) shall not be denied on the basis of the State’s failure to comply with such regulations or guidance. I Financing 101. Extension of CHIP (a) Funding (1) In general Section 2104(a) ( 42 U.S.C. 1397dd(a) (A) in paragraph (17), by striking and (B) by striking paragraph (18) and inserting the following: (18) for fiscal year 2015, $21,061,000,000; ; and (C) by adding at the end the following new paragraphs: (19) for fiscal year 2016, $19,300,000,000; (20) for fiscal year 2017, $20,300,000,000; (21) for fiscal year 2018, $21,300,000,000; and (22) for fiscal year 2019, for purposes of making 2 semi-annual allotments— (A) $2,850,000,000 for the period beginning on October 1, 2018, and ending on March 31, 2019, and (B) $2,850,000,000 for the period beginning on April 1, 2019, and ending on September 30, 2019. . (2) Prevention of duplicate appropriations for fiscal year 2015 Expenditures made under section 2104(a)(18) of the Social Security Act ( 42 U.S.C. 1387dd(a)(18) Public Law 111–148 (b) Allotments (1) In general Section 2104(m) ( 42 U.S.C. 1397dd(m) (A) in paragraph (3)— (i) by striking 2015 2019 (ii) in subparagraph (A), by striking paragraph (18) paragraph (22) (iii) in subparagraph (B), by striking paragraph (18) paragraph (22) (iv) in subparagraph (C)— (I) by striking 2014 2018 (II) by striking 2015 2019 (v) in subparagraph (D)— (I) in clause (i), by striking the sum of— 2009; the amount made available under subsection (a)(22)(A), (II) in subclause (II) of clause (ii), by striking subsection (a)(18)(B) subsection (a)(22)(B) (B) in paragraph (4), by striking 2015 2019 (C) in paragraph (8)— (i) by striking 2015 2019 (ii) by striking for a period in fiscal year 2015 for a period in fiscal year 2019 (D) by adding at the end the following new paragraph: (9) Rebasing and growth factor update rules for fiscal years after fiscal year 2014 Subject to paragraphs (3), (4), and (6), from the amount made available under subsection (a) for each fiscal year after fiscal year 2014, the Secretary shall compute a State allotment for each State (including the District of Columbia and each commonwealth and territory) for each such fiscal year as follows: (A) Rebasing in odd-numbered fiscal years If the fiscal year is an odd-numbered fiscal year, the allotment of the State is equal to the Federal payments to the State that are attributable to (and countable towards) the total amount of allotments available under this section to the State in the preceding fiscal year (including any payments made to the State under subsections (n) and (o) for the preceding fiscal year as well as amounts redistributed to the State in the preceding fiscal year), multiplied by the allotment increase factor under paragraph (5) for the fiscal year. (B) Growth factor update for even-numbered fiscal years If the fiscal year is an even-numbered fiscal year, the allotment of the State is equal to the sum of— (i) the amount of the State allotment for the preceding fiscal year; and (ii) the amount of any payments made to the State under subsections (n) and (o) for the preceding fiscal year, multiplied by the allotment increase factor under paragraph (5) for the fiscal year. . (2) One-time appropriation for fiscal year 2019 Section 108 of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111–3), as amended by section 10203(d)(2)(F) of the Patient Protection and Affordable Care Act ( Public Law 111–148 $15,361,000,000 $16,700,000,000 to accompany the allotment made for the period beginning on October 1, 2018, and ending on March 31, 2019, under section 2104(a)(22)(A) of the Social Security Act (42 U.S.C. 1397dd(a)(22)(A)), to remain available until expended. Such amount shall be used to provide allotments to States under paragraph (3) of section 2104(m) of such Act ( 42 U.S.C. 1397dd(m) (3) Conforming amendments Section 2104(m) ( 42 U.S.C. 1397dd(m) (A) in the subsection heading, by striking 2015 2019 (B) in paragraph (6)— (i) in subparagraph (A), by striking 2015 2019 (ii) in the second sentence, by striking or fiscal year 2014 fiscal year 2014, fiscal year 2016, or fiscal year 2018 (c) Extension of qualifying states option Section 2105(g)(4) ( 42 U.S.C. 1397ee(g)(4) (1) in the paragraph heading, by striking 2015 2019 (2) in subparagraph (A), by striking 2015 2019 102. Continuation and update of performance incentives (a) Extension through fiscal year 2019 Section 2105(a)(3) ( 42 U.S.C. 1397ee(a)(3) (1) in subparagraph (A), by striking 2013 2019 (2) in subparagraph (E)— (A) in clause (ii)— (i) by striking subclause (I) and inserting the following: (I) Unobligated national allotment As of December 31 of fiscal year 2009, and as of December 31 of each succeeding fiscal year through fiscal year 2015, the portion, if any, of the amount appropriated under section 2104(a) for such fiscal year that is unobligated for allotment to a State under section 2104(m) for such fiscal year or set aside under subsection (a)(3) or (b)(2) of section 2111 for such fiscal year. ; (ii) in subclause (II), by striking 2013 2015 (iii) in subclause (III), by striking 2013 2015 (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii), the following new clause: (iii) Appropriation for fiscal years 2016 through 2019 Out of any money in the Treasury not otherwise appropriated, there are appropriated $750,000,000 for each of fiscal years 2016 through 2019 for making payments under this paragraph. Amounts appropriated for a fiscal year under this clause shall remain available for making payments under this paragraph through December 31 of the following fiscal year. Any amount of such appropriations that remains unexpended or unobligated as of such date shall be transferred and made available on January 1 of such following fiscal year for making payments under section 2104(o). ; and (3) in subparagraph (F)(iii), by striking 2013 2019 (b) Updated performance incentive criteria for fiscal years 2015 through 2019 Section 2105(a) ( 42 U.S.C. 1397ee(a) (1) in paragraph (3)(A), by inserting or (5) paragraph (4) (2) in paragraph (4)— (A) in the heading, by inserting for fiscal years before fiscal year 2015 for children (B) in the matter preceding subparagraph (A), by striking for a fiscal year if for a fiscal year before fiscal year 2015 if (3) by adding at the end the following new paragraph: (5) Enrollment and retention provisions for children for fiscal years after fiscal year 2014 (A) In general For purposes of paragraph (3)(A), a State meets the condition of this paragraph for a fiscal year after fiscal year 2014 if it is implementing at least 7 of the enrollment and retention provisions specified in subparagraph (B) (treating each clause of that subparagraph as a separate enrollment and retention provision) throughout the entire fiscal year and achieves a program rating of effective highly effective (B) Enrollment and retention provisions The enrollment and retention provisions specified in this subparagraph are the following: (i) 12-month continuous eligibility The State has elected the option of continuous eligibility for a full 12 months under title XIX for all children described in section 1902(e)(12) and applies such policy under its State child health plan under this title. (ii) Express Lane Eligibility The State is implementing the option described in section 1902(e)(13) under title XIX as well as, pursuant to section 2107(e)(1), under this title. (iii) Presumptive eligibility The State is implementing section 1920A under title XIX as well as, pursuant to section 2107(e)(1), under this title. (iv) Elimination of CHIP premiums In the case of any targeted low-income child or a targeted low-income pregnant woman, the State child health plan does not impose any enrollment fee, premium, or similar charge. (v) Premium assistance for employer-sponsored plans The State has opted to offer a premium assistance subsidy for qualified employer-sponsored coverage by implementing section 1906A under title XIX or the option described in section 2105(c)(10) under this title. (vi) Comprehensive coverage for pregnant women If the State has elected to offer pregnancy-related assistance to targeted low-income women (as defined in section 2112(d)(2)) under section 2112, the State also has elected to include, as part of such pregnancy-related assistance and as part of the medical assistance provided to women under section 1902(e)(5) while pregnant and during the 60-day period described in such section— (I) dental services necessary to prevent disease and promote oral health, restore oral structure to health and function, and treat emergency conditions; (II) vision services, including vision screening and corrective lenses; and (III) all services covered under the State child health plan. (vii) Improved coverage for pregnant women If the State has elected to offer pregnancy-related assistance to targeted low-income women (as defined in section 2112(d)(2)) under section 2112— (I) the State also has elected to provide that a pregnant woman who is determined to be eligible for pregnancy-related assistance under the amendment to the State child health plan under section 2112 shall remain eligible for those benefits until the end of a period (not to exceed 12 months) following the determination; and (II) the State is implementing section 1906A under title XIX. (viii) Supplemental dental coverage The State has elected to provide dental-only supplemental coverage under section 2110(b)(5). (ix) Raising CHIP eligibility age to align with Medicaid eligibility age If the State has elected to provide eligibility as a child under the State plan under title XIX for an individual who has attained age 19 or 20, the State has elected to apply the same age under the State plan under this title for purposes of eligibility as a child. (x) Increase in income eligibility (I) Up to at least 300 percent of the poverty line The State has elected to extend eligibility for medical assistance under the State plan under title XIX or eligibility for child health assistance under the State child health plan to any otherwise eligible child whose family income does not exceed 300 percent of the poverty line for a family of the size involved. (II) Rule of construction Nothing in subclause (I) shall be construed as prohibiting a State from extending eligibility for medical assistance under the State plan under title XIX or eligibility for child health assistance under the State child health plan to any otherwise eligible child whose family income exceeds 300 percent of the poverty line. (xi) Prohibiting lockout periods The State child health plan permits an individual whose coverage under the plan has been terminated for failure to make premium payments to be immediately reenrolled upon payment of outstanding premiums, with coverage retroactive to the beginning of the most recent month for which an outstanding premium has been paid, and shall not impose any waiting period or enrollment fee as a condition of reenrollment. (xii) CHIP coverage for children of state employees The State offers enrollment in the State child health plan for a child who is a member of a family that is eligible for health benefits coverage under a State health benefits plan on the basis of a family member's employment with a public agency in accordance with section 2110(b)(6) and provides resources to help the family member so employed compare the coverage options for the family member's child under the State health benefits plan on the basis of cost and provider networks. (xiii) Interagency coordination for juvenile justice youth The State— (I) does not terminate (but may suspend) enrollment under a State plan for medical assistance for any individual under age 21 on the basis that the individual is an inmate of a public institution (as defined in section 435.1010 (II) informs such individual immediately upon release from such public institution that the individual's eligibility for medical assistance is no longer suspended and the limitations on medical assistance under the subdivision (A) following paragraph (29) of section 1905(a) will no longer apply (unless and until there is a determination that the individual no longer meets the State or Federal eligibility requirements for such medical assistance); (III) processes any application for medical assistance submitted by, or on behalf of any individual under age 21 who is an inmate of a public institution (as defined in section 435.1010 of title 42, Code of Federal Regulations) notwithstanding that the individual is such an inmate; and (IV) screens any individual under age 21 who is such an inmate for eligibility for medical assistance under title XIX or child health assistance under this title and assists those individuals who are identified as likely to be eligible for either such assistance in applying for either such assistance and enrolling in either such plan. (xiv) Extended coverage for children with special health care needs The State has elected to extend eligibility for child health assistance under the State child health plan (whether implemented under this title, title XIX, or both) to individuals under age 26 with special health care needs by implementing the option described in section 2110(c)(1)(B). (C) Metrics for evaluating program effectiveness The Secretary shall establish metrics for evaluating the effectiveness of the State program established under this title (whether implemented under this title, title XIX, or both). Such metrics shall include a system for rating States as effective highly effective in need of improvement . 103. Funds to address any Federal funding shortfalls for States (a) In general Section 2104 ( 42 U.S.C. 1397dd (o) Fund To alleviate CHIP shortfalls (1) Establishment There is hereby established in the Treasury of the United States a fund which shall be known as the CHIP Shortfall Fund Fund (2) Deposits into fund (A) Initial appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Fund $3,860,000,000 for fiscal year 2016. (B) Transfers Notwithstanding any other provision of this title, the following amounts shall also be available, without fiscal year limitation, for making payments from the Fund: (i) Unobligated national allotment for fiscal years beginning with fiscal year 2016 As of January 1 of fiscal year 2017, and as of January 1 of each succeeding fiscal year, the portion, if any, of the amount appropriated under subsection (a) for the preceding fiscal year that is unobligated for allotment to a State under subsection (m) for such preceding fiscal year. (ii) Unexpended allotments not used for redistribution As of November 15 of fiscal year 2016 and each succeeding fiscal year, the total amount of allotments made to States under subsection (a) for the second preceding fiscal year that is not expended or redistributed under subsection (f) during the period in which such allotments are available for obligation. (iii) Unexpended child enrollment contingency funds As of October 1, 2015, any unobligated amount in the Child Enrollment Contingency Fund under subsection (n). (iv) Unexpended performance incentive funds As of January 1, 2017, and as of January 1 of each succeeding calendar year, the portion, if any, of the amount appropriated under subparagraph (E)(iii) of section 2105(a)(3) for the preceding fiscal year that is not expended or obligated under such section for such preceding fiscal year. (C) Investment of fund The Secretary of the Treasury shall invest in interest bearing securities of the United States such currently available portions of the Fund as are not immediately required for payments from the Fund. The income derived from these investments shall constitute a part of the Fund. (3) Shortfall fund payments (A) Payments to shortfall States For each of fiscal years 2016 through 2020, if the Secretary determines that a State is a shortfall State described in paragraph (4) for that fiscal year, the Secretary shall pay the State from the Fund, in addition to any other payments made to a State under this title for the fiscal year, an amount equal to the amount described in subparagraph (B) for the State and fiscal year. (B) Amount described With respect to a State and a fiscal year, the amount described in this subparagraph is the amount of projected expenditures for the State under this title for the fiscal year that exceeds the sum determined under paragraph (4) for the State and fiscal year. (C) Proportional reduction If the sum of the amounts otherwise payable under this paragraph for a fiscal year exceeds the amount available in the Fund for the fiscal year, the amount to be paid under this paragraph to each State for the fiscal year shall be reduced proportionally. (D) Application to commonwealths and territories No payment shall be made under this paragraph to a commonwealth or territory described in subsection (c)(3) until such time as the Secretary determines that there are in effect methods, satisfactory to the Secretary, for the collection and reporting of reliable data regarding the expenditures under the State child health plan in order to accurately determine the commonwealth's or territory's eligibility for, and amount of payment, under this paragraph. (4) Shortfall states described For purposes of paragraph (3), with respect to a fiscal year, a shortfall State is a State for which the Secretary estimates on the basis of the most recent data available to the Secretary, that the projected expenditures for the State for the fiscal year under this title (whether the State plan is implemented under this title, title XIX, or both) will exceed the sum of— (A) the amount of the State's allotments for any preceding fiscal years that remains available for expenditure and that will not be expended by the end of the immediately preceding fiscal year; (B) the amount (if any) that will be redistributed to the State under subsection (f) for the fiscal year; (C) the amount (if any) of the child enrollment contingency fund payment under subsection (n) for the fiscal year; and (D) the amount of the State's allotment for the fiscal year. (5) Retrospective adjustment The Secretary may adjust the determinations made under this subsection with respect to a State and fiscal year as necessary on the basis of the amounts reported by States not later than November 30 of the succeeding fiscal year, as approved by the Secretary. . (b) Technical amendments Section 2104(f) ( 42 U.S.C. 1397dd(f) (1) in paragraph (1)— (A) by striking shortfall States redistribution States (B) by striking shortfall described deficit described (2) in paragraph (2)— (A) in the paragraph heading, by striking Shortfall Redistribution (B) in subparagraph (A), by striking shortfall State redistribution State (C) in subparagraph (B)— (i) by striking shortfalls deficits (ii) by striking shortfall State redistribution State II Eligibility and Enrollment A Coverage Continuity 201. State option to increase upper age limit for children with special health care needs Section 2110(c)(1) ( 42 U.S.C. 2110(c)(1) (1) by striking The term (A) In general Subject to subparagraph (B), the term ; and (2) by adding at the end the following: (B) Children with special health care needs At State option, such term includes an individual under 26 years of age who has or is at an increased risk of a chronic physical, developmental, behavioral, or emotional condition and who also requires health and related services of a type or amount beyond that required by children typically. . 202. Improving coverage transitions from Medicaid or CHIP to coverage under a qualified health plan (a) State coordination requirement Section 2105(d)(3)(B) ( 42 U.S.C. 1397ee(d)(3)(B) (1) in the subparagraph heading, by striking shortfalls shortfalls; coordination requirements for transitioning to or from Exchange coverage (2) in the first sentence, by striking In the event (i) Exchange coverage as a result of funding shortfalls In the event ; and (3) by adding at the end the following: (ii) Coordination requirements for transitioning to or from Exchange coverage The State shall establish procedures to eliminate gaps in coverage and to assist a child's and pregnant woman's transition from coverage under the State plan under title XIX or the State child health plan under this title (whether implemented under this title, title XIX, or both) to coverage under a qualified health plan that has been certified by the Secretary under subparagraph (C) and is offered through an Exchange and from coverage under a qualified health plan to coverage under the State plan under title XIX or the State child health plan under this title. Such procedures— (I) shall provide for coverage for the child's or pregnant woman's medical home, regardless of whether the medical home providers are participating providers under the State plan under title XIX or the State child health plan under this title, for a transitional time to be determined under regulations promulgated by the Secretary; (II) in the case of a child or pregnant woman with a chronic or complex condition, shall provide that the State plan under title XIX, or the State child health plan under this title (as applicable) shall permit the child or pregnant woman to continue to receive treatment from a non-network provider for a transitional period as determined under regulations promulgated by the Secretary; (III) shall require that if the benefits available and cost-sharing imposed under a qualified health plan available to the child or pregnant woman (as applicable) are not comparable to the benefits and coverage available to the child or pregnant woman under the State plan under title XIX or the State child health plan under this title (as applicable) the child or pregnant woman shall remain enrolled in the State plan under title XIX or the State child health plan under this title for so long as the child or pregnant woman is otherwise eligible for coverage under the title XIX or XXI State plans; and (IV) shall establish a system under which the State shall record all transitions of children and pregnant women from coverage under the State plan under title XIX or the State child health plan under this title to coverage under a qualified health plan and from coverage under a qualified health plan to coverage under the State plan under title XIX or the State child health plan under this title and submit a report to the Secretary each fiscal quarter that includes data on the number of children and pregnant women who made such transitions in the preceding fiscal quarter. . (b) Certification requirement Section 2105(d)(3)(C) ( 42 U.S.C. 1397ee(d)(3)(C) (1) in the subparagraph heading, by striking Pediatric (2) by striking With respect to (i) In general With respect to ; (3) by inserting and pregnant women children (4) by striking are at least comparable to the benefits offered and cost-sharing protections provided under the State child health plan meet the comparability standards described in clause (ii) and the continuous coverage requirements described in clause (iii) (5) by adding at the end the following new clauses: (ii) Comparability standards The Secretary shall develop, in consultation with non-government stakeholder entities (including not less than 1 national non-profit organization focused on children's advocacy), comparability standards for qualified health plans seeking certification under clause (i). Such standards must include standards for the following areas: (I) Affordability The plan must be comparable to the State child health plan in terms of affordability, including premiums, deductibles, co-payments, co-insurance, medical home maintenance costs, and the cost of purchasing supplementary coverage for health benefits and services that are covered under the State child health plan but are not covered under the qualified health plan. (II) Benefits The plan must be comparable to the State child health plan in terms of pediatric and pregnancy-related benefits. (III) Network adequacy The plan must be comparable to the State child health plan in terms of access to appropriate providers of pediatric and pregnancy-related services, and must provide flexibility for children with special health care needs to remain in their medical home or seek appropriate pediatric sub-specialists. (iii) Continuous coverage requirements The Secretary shall require health plans seeking certification as qualified health plans for purposes of an American Health Benefits Exchange to ensure that— (I) with respect to a child or pregnant woman who is transitioning from coverage under a State child health plan or a State plan under title XIX— (aa) coverage under the qualified health plan shall be effective as of the 60-day period preceding the date on which the first premium payment is made for such coverage; (bb) coverage under the State child health plan or State plan under title XIX shall remain in effect during the 30-day period that precedes the 60-day period described in item (aa); (cc) the qualified health plan shall provide coverage for a child’s or a pregnant woman's medical home, regardless of whether the medical home provider is within the network of the plan, to allow the child or pregnant woman to finish a course of treatment for an acute illness or a treatment or surgery scheduled prior to the effective date for coverage under the plan under item (aa) or for a period of up to 90 days if, by the end of such period, the child or pregnant woman is enrolled with a medical home provider that is within the network of the plan; and (dd) in the case of a child or pregnant woman with a chronic or complex condition, the qualified health plan shall permit the child or pregnant woman to continue to receive treatment from a non-network provider for a transitional time that is not less than 90 days, or until the child or pregnant woman can be enrolled with an in-network provider; (II) similar requirements apply with respect to any child or pregnant woman who transitions from coverage under a qualified health plan to coverage under the State child health plan or the State plan under title XIX in accordance with subparagraph (B)(ii); and (III) a child or pregnant woman transitioning to or from coverage under the State child health plan or the State plan under title XIX and a qualified health plan is informed of the differences between the benefits available and cost-sharing imposed under the coverage the child or pregnant woman is transitioning from and into, and that the pregnant woman or the parent or guardian of the child has the option of electing to remain enrolled in whichever coverage is the most affordable or provides the best benefits for the child or pregnant woman for such period as the Secretary shall specify. . (c) Prohibition on transitioning CHIP-Eligible children No child who is eligible for coverage under CHIP shall be transitioned from a State child health plan to a qualified health plan unless that plan is certified under section 2105(d)(3)(C) of the Social Security Act (42 U.S.C. 1397ee(d)(3)(C)) (as amended by subsection (b)). (d) Minimum essential coverage (1) In general Section 5000A(f) (6) Pregnancy-related assistance under CHIP With respect to a targeted low-income pregnant woman (as defined in section 2112(d)(2) of the Social Security Act), notwithstanding paragraph (1)(A)(iii), the term minimum essential coverage . (2) Effective date The amendment made by this subsection applies to taxable years beginning after December 31, 2014. 203. Assuring coverage continuity for former foster care children (a) In general Section 1902(a)(10)(A)(i)(IX) ( 42 U.S.C. 1396a(a)(10)(A)(i)(IX) (1) in item (cc), by striking responsibility of the State responsibility of a State (2) in item (dd), by striking the State plan under this title or under a waiver of the a State plan under this title or under a waiver of such a (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. B Enrollment Simplification and Improvements 211. Automatic enrollment for newborns under CHIP (a) In general Section 2107(e)(1) ( 42 U.S.C. 1397gg(e)(1) (1) by redesignating subparagraphs (E) through (O) as subparagraphs (F) through (P), respectively; and (2) by inserting after subparagraph (D) the following new subparagraph: (E) Section 1902(e)(4) (relating to automatic coverage for newborns through age 1). . (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 212. Express Lane Eligibility extension and application to pregnant women, foster children, and children with special health care needs (a) In general Section 1902(e)(13) ( 42 U.S.C. 1396a(e)(13) (1) in subparagraph (A), by adding at the end the following new clause: (iii) State option to extend express lane eligibility to pregnant women At the option of the State, the State may apply the provisions of this paragraph with respect to determining eligibility under this title for a pregnant woman. In applying this paragraph in the case of a State electing such an option, any reference in this paragraph to a child with respect to this title (other than a reference to child health assistance) shall be deemed to be a reference to a pregnant woman. ; (2) in subparagraph (G), by adding at the end the following new sentence: Notwithstanding the age limit specified in the preceding sentence, such term includes an individual described in subsection (a)(10)(A)(i)(IX) and, at the option of the State, an individual described in section 2110(c)(1)(B). (3) by striking subparagraph (I). (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 213. Outreach to targeted populations (a) Outreach and enrollment grants Section 2113 ( 42 U.S.C. 1397mm (1) in subsection (a)(1), by striking during the period of fiscal years 2009 through 2015 (2) in subsection (g), by inserting and $40,000,000 for each fiscal year thereafter, 2015, (b) Outreach to non-English speakers and other populations (1) National enrollment campaign requirements Such section 2113 is amended— (A) in subsection (h), by striking Such campaign In addition to the requirements described in subsection (i), such campaign (B) by adding at the end the following subsection: (i) Required elements of national enrollment campaign Beginning with fiscal year 2015, each of the following initiatives shall be part of the national enrollment campaign: (1) Initiative to increase enrollment among individuals with limited English proficiency An initiative to increase enrollment in the State child health plan under this title or the State plan under title XIX of children from families that speak a primary language other than English that shall include— (A) language services, including oral interpreting and written translation services, for individuals with limited proficiency in English; and (B) other culturally appropriate efforts to increase enrollment of such children. (2) Initiative to increase enrollment of children in families with complex or multiple coverage sources An initiative to identify and increase enrollment in the State child health plan under this title or the State plan under title XIX of children from families who have multiple coverage sources or other coverage complexities, including children in foster care and children subject to a medical child support order. . (2) Increased reimbursement for State spending on language services (A) Medicaid Section 1903(a)(2)(E) ( 42 U.S.C. 1396b(a)(2)(E) 75 percent the higher of 90 percent or the sum of the enhanced FMAP (as defined in section 2105(b)) plus 5 percentage points (not to exceed 100 percent) (B) CHIP Section 2105(a)(1) ( 42 U.S.C. 1397ee(a)(1) the higher of 75 percent or the sum of the enhanced FMAP plus 5 percentage points the higher of 90 percent or the sum of the enhanced FMAP plus 5 percentage points (not to exceed 100 percent) (3) Requirement that managed care organizations provide language services to enrollees Section 1932(b) ( 42 U.S.C. 1396u–2(b) (9) Language services Each contract with a medicaid managed care organization under section 1903(m) shall require the organization to provide (at no cost to the individual) language services, including oral interpreting and written translation services, to any individual who is eligible for medical assistance under the State plan under this title and is enrolled with the organization and to a parent or guardian of such individual if such individual, parent, or guardian is in need of such services when interacting with the organization or with any provider receiving payment from the organization. . (4) Translation of applications and other vital documents (A) Medicaid Section 1902(a) ( 42 U.S.C. 1396a(a) (i) by striking and (ii) by striking the period at the end of paragraph (81) and inserting ; and (iii) by inserting after paragraph (81) the following new paragraph: (82) provide for the translation of all documents and materials necessary to make application for medical assistance under the plan, and such other documents and materials as the Secretary may specify, including any such documents and materials that are available via a website, into the primary language spoken by any limited English proficiency group in the State with a population of at least 1000 individuals or that constitutes 5 percent of the State population. . (B) CHIP Section 2107(e)(1), as amended by section 221, is amended— (i) by redesignating subparagraphs (E) through (P) as subparagraphs (F) through (Q), respectively; and (ii) by inserting after subparagraph (D) the following subparagraph: (E) Section 1902(a)(82) (relating to the translation of documents and materials). . (c) Primary language data collection (1) Data from eligible entities Section 2113(c)(4)(B) ( 42 U.S.C. 1397mm(c)(4)(B) under this title and title XIX, individual data on the primary language of enrollees under this title and title XIX (and for such enrollees who are minors or incapacitated, data on the primary language of their parents or guardians) enrollment data (2) Annual report (A) CHIP Section 2108 ( 42 U.S.C. 1397hh (i) by redesignating the subsection (e) added by section 501(e)(2) of Public Law 111–3 (ii) in paragraph (1) of the subsection (e) added by section 402 of Public Law 111–3 and primary language duration of benefits (B) Medicaid Section 1946(c) ( 42 U.S.C. 1396w–5(c) demographic data on health care disparities (d) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. III Affordability 301. Strengthened cost sharing protections under Medicaid and CHIP (a) Medicaid (1) In general Section 1916 ( 42 U.S.C. 1396o (A) in subsection (a)— (i) in subparagraph (E) of paragraph (2), by striking and (ii) in paragraph (3)— (I) by inserting subject to paragraph (4), any deduction (II) by striking the period at the end and inserting ; and (iii) by adding at the end the following new paragraph: (4) the total annual aggregate amount of any premium, enrollment fee, deduction, cost sharing, or similar charge imposed under the plan with respect to such individuals and their families shall not exceed 5 percent of the family income of the individual involved, as applied on a quarterly or monthly basis (as specified by the State). ; (B) in subsection (b)— (i) in subparagraph (E) of paragraph (2), by striking and (ii) in paragraph (3)— (I) by inserting subject to paragraph (4) any deduction (II) by striking the period at the end and inserting ; and (iii) by adding at the end the following new paragraph: (4) the total annual aggregate amount of any premium, enrollment fee, deduction, cost sharing, or similar charge imposed under the plan with respect to such individuals and their families shall not exceed 5 percent of the family income of the individual involved, as applied on a quarterly or monthly basis (as specified by the State). ; (C) in subsection (d), by inserting , and provided that the total annual aggregate amount of any such premium, and any enrollment fee, deduction, cost sharing, or similar charge imposed under the plan with respect to such individuals and their families shall not exceed 5 percent of the family income of the individual involved, as applied on a quarterly or monthly basis (as specified by the State) (D) by adding at the end the following new subsection: (k) Cost sharing tracking; suspension of charges; notification requirements (1) Tracking If the State plan imposes premiums, enrollment fees, deductions, cost sharing, or similar charges under this section that, together with any such charges imposed under section 1916A, could cause families to have out-of-pocket expenses that exceed a total aggregate cost sharing limit imposed under subsection (a)(4) or (b)(4) for the month or quarter (as specified by the State), the State shall establish a process for tracking and aggregating such expenses (including expenses incurred for separately administered benefits) that— (A) does not rely on documentation provided by the individual or the family; (B) is communicated in a manner designed to ensure the privacy of patient-related information; and (C) allows for coordination with managed care entities (as defined in section 1932(a)(1)(B)) that are under contract with the State. (2) Suspension of charges When a family reaches any limit for a period imposed on premiums, deductions, cost sharing, or similar charges under this section, no further premiums, deductions, cost sharing, or similar charges (or any portions thereof) shall be imposed on any individual in the family who is eligible for and receiving medical assistance under the plan for the remainder of the period. (3) Notification requirements With respect to a limit imposed on premiums, deductions, cost sharing, or similar charges under this section the State plan shall provide for the notification of providers and each family to which such a limit applies— (A) of any such limit applicable to the family; (B) when the family has incurred out-of-pocket expenses up to any such limit; and (C) when a family reaches any such limit for a period, that the limit has been reached and that no further premiums, deductions, cost sharing, or similar charges (or portions thereof) shall be imposed on any individual in the family who is eligible for and receiving medical assistance under the plan for the remainder of such month or quarter. (4) Reassessment process The State shall establish a process for families that include an individual who is eligible for and receiving medical assistance under the plan to request a reassessment of the family’s aggregate limit on premiums, deductions, cost sharing, or similar charges if the family has a change in circumstances, in accordance with criteria specified by the Secretary. (5) Application of requirements The requirements of this subsection shall apply in the same manner to limits imposed under subsections (c), (d), (g), and (i). . (2) State option for alternative premiums and cost sharing Section 1916A(b) ( 42 U.S.C. 1396o–1(b) (A) in paragraphs (1)(B)(ii) and (2)(A), by inserting or section 1916 subsection (c) or (e) (B) by adding at the end the following new paragraph: (7) Cost sharing tracking; suspension of charges; notification requirements (A) Tracking If the State plan imposes premiums or cost sharing under this section that, together with cost sharing imposed under section 1916, could cause families to have out-of-pocket expenses that exceed the total aggregate limit imposed under paragraph (1) or (2) of this subsection for a month or quarter (as specified by the State), the State shall establish a process for tracking and aggregating such expenses (including expenses for separately administered benefits) that— (i) does not rely on documentation provided by the individual or the family; (ii) is communicated in a manner designed to ensure the privacy of patient-related information; and (iii) allows for coordination with managed care entities (as defined in section 1932(a)(1)(B)) that are under contract with the State. (B) Suspension of charges When a family reaches any limit for a period imposed on premiums or cost sharing under this section, no further premiums or cost sharing (or any portions thereof) shall be imposed on any individual in the family who is eligible for and receiving medical assistance under the plan for the remainder of the period. (C) Notification requirements With respect to a limit imposed on premiums or cost sharing under paragraph (1) or (2) of this subsection the State plan shall provide for the notification of providers and each family to which such a limit applies— (i) of any such limit applicable to the family; (ii) when the family has incurred out-of-pocket expenses up to any such limit; and (iii) when a family reaches such a limit for a period, that the limit has been reached and that no further premiums or cost sharing (or portions thereof) shall be imposed on any individual in the family who is eligible for and receiving medical assistance under the plan for the remainder of such month or quarter. (D) Reassessment process The State shall establish a process for families that include an individual who is eligible for and receiving medical assistance under the plan to request a reassessment of the family’s aggregate limit on premiums, deductions, cost sharing, or similar charges if the family has a change in circumstances, in accordance with criteria specified by the Secretary. . (3) Managed care organizations Section 1932(a)(5) ( 42 U.S.C. 1396u–2(a)(5) (E) Coordination with providers on cost sharing The State shall require that a managed care entity with a contract with the State, as a condition of such contract, comply with the requirements of sections 1916 and 1916A (as applicable), for such individuals who are enrolled with the organization or entity and coordinate with the State with respect to tracking and aggregating an enrollee's family's out-of-pocket expenses for premiums, deductions, cost sharing, or similar charges. . (4) Conforming amendments Section 1916A(a)(2)(B) ( 42 U.S.C. 1396o–1(a)(2)(B) (A) by inserting and the tracking, suspension, and notification requirements under subsection (b)(7) shall apply (B) by inserting and requirements limitations (b) CHIP (1) In general Section 2103(e) ( 42 U.S.C. 1397cc(e) (A) by striking paragraphs (2) and (4); (B) by redesignating paragraph (3) as paragraph (2); (C) in paragraph (2) (as so redesignated)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (D); and (iii) by inserting after subparagraph (A) the following new subparagraphs: (B) No cost sharing for pregnancy-related assistance The State child health plan may not impose deductions, cost sharing, or similar charges with respect to pregnancy-related assistance. (C) Application of Medicaid cost sharing limits Subject to subparagraphs (A) and (B) and paragraph (3), the State child health plan may only impose deductions, cost sharing, or similar charges to the extent that such charges do not exceed the nominal limits set under section 1916(a)(3). ; and (D) by adding at the end the following new paragraph: (3) Additional requirements (A) In general Subject to paragraph (2)(A), any premiums, deductions, cost sharing, or similar charges imposed under the State child health plan for medical or dental benefits may be imposed on a sliding scale related to income, except that the total annual aggregate cost sharing imposed for such benefits with respect to all individuals in a family that includes a targeted low-income child or a targeted low-income pregnant woman under this title shall not exceed 5 percent of such family's income for the year involved. (B) Dental-only supplemental coverage With respect to dental-only supplemental coverage offered under section 2110(b)(5), the total annual aggregate cost sharing imposed for such coverage shall not exceed 5 percent of a family's income for the year involved, minus the amount the family is required to pay during such year in premiums, deductions, cost sharing, or similar charges for health care services for children in the family enrolled in a group health plan or health insurance coverage offered through an employer. (C) Tracking of expenses; suspension of charges; notice; reassessments If the State child health plan imposes premiums, deductions, cost sharing, or similar charges that could cause families that include a targeted low-income child or a targeted low-income pregnant woman to have out-of-pocket expenses that exceed the aggregate cost sharing limit imposed under subparagraph (A) for the year, the State shall— (i) establish a process for tracking and aggregating such expenses (including expenses incurred for separately administered benefits) that— (I) does not rely on documentation provided by the targeted low-income child, the targeted low-income pregnant woman, or the family; (II) is communicated in a manner designed to ensure the privacy of patient-related information; and (III) allows for coordination with managed care entities and managed care organizations that are under contract with the State; (ii) when a family reaches the aggregate cost-sharing limit for a year imposed under subparagraph (A), not impose any further premiums or cost sharing (or any portions thereof) on any targeted low-income child or targeted low-income pregnant woman in the family for the remainder of the year; (iii) notify providers and each family that includes a targeted low-income child or a targeted low-income pregnant woman— (I) of the annual aggregate limits on out-of-pocket expenses applicable to the family; (II) when the family has incurred out-of-pocket expenses up to the annual aggregate family limit imposed under subparagraph (A); and (III) when a family reaches the aggregate out-of-pocket expenses limit for a year, that the limit has been reached and that no further premiums, deductions, cost sharing, or similar charges (or portions thereof) shall be imposed on any targeted low-income child or targeted low-income pregnant woman in the family for the remainder of such year; and (iv) establish a process for families that include a targeted low-income child or a targeted low-income pregnant woman to request a reassessment of the family's annual aggregate limit on premiums, deductions, cost sharing, or similar charges if the family has a change in circumstances, in accordance with criteria specified by the Secretary. . (2) Managed care organizations Section 2103(f) ( 42 U.S.C. 1397cc(f) (4) Coordination with providers on cost sharing The State shall require that a managed care entity or a managed care organization with a contract with the State, as a condition of such contract, comply with the requirements of 2103(e) and coordinate with the State with respect to in tracking and aggregating an enrollee's family's out-of-pocket expenses for cost sharing as required under subsection (e)(3)(C). . (c) Conforming amendments (1) Section 2105(c)(10)(C)(i) ( 42 U.S.C. 1397ee(c)(10)(C)(i) paragraph (3)(B) of (2) Section 2112(b)(6) ( 42 U.S.C. 1397ll(b)(6) paragraph (3)(B) of IV Benefits 401. Preventive health services (a) Preventive health services (1) Medicaid Section 1905 (42 U.S.C. 1396d) is amended— (A) in subsection (a)(4)— (i) by striking and (D) (ii) by inserting before the semicolon at the end the following new subparagraph: ; and (E) preventive services described in subsection (ee) (B) by adding at the end the following new subsection: (ee) Preventive Services (1) In general For purposes of subsection (a)(4)(E), the preventive services described in this subsection are diagnostic, screening, and preventive services not otherwise described in subsection (a) or required by subsection (r) that the Secretary determines are appropriate for children or pregnant women entitled to medical assistance under this title, including— (A) evidence-based items or services that have in effect a rating of A B (B) with respect to pregnant women, immunizations that have in effect a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention with respect to the individual involved; (C) with respect to infants, children, and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the Health Resources and Services Administration; and (D) with respect to women, such additional preventive care and screenings not described in this paragraph as provided for in comprehensive guidelines supported by the Health Resources and Services Administration for purposes of this paragraph. (2) Additional services Nothing in this subsection shall be construed to limit the application of any requirement of subsection (r) or to prohibit a State plan under this title from providing coverage for services in addition to those recommended by United States Preventive Services Task Force or to prohibit coverage of services. . (2) Elimination of cost-Sharing (A) Subsections (a)(2)(D) and (b)(2)(D) of section 1916 (42 U.S.C. 1396o) are each amended by inserting preventive services described in section 1905(ee), emergency services (as defined by the Secretary), (B) Section 1916A(a)(1) ( 42 U.S.C. 1396o–1(a)(1) , preventive services described in section 1905(ee), subsection (c) (3) Interval period for inclusion of new recommendations in State plans With respect to a recommendation issued on or after the date of enactment of this Act that adds new preventive services to the requirements described in subsection (ee) of section 1905 of the Social Security Act, the Secretary shall establish a maximum interval period, which shall not be longer than 6 months, between the date on which the recommendation is issued and the plan year for which a State plan for medical assistance under title XIX of the Social Security Act shall be required to include such preventive service. (b) CHIP Section 2103 ( 42 U.S.C. 1397cc (1) in subsection (a), in the matter preceding paragraph (1), by striking and (7) (7), and (8) (2) in subsection (c)— (A) by redesignating paragraph (8) as paragraph (9); and (B) by inserting after paragraph (7), the following new paragraph: (8) Preventive services The child health assistance provided to a targeted low-income child and pregnancy-related assistance provided to a targeted low-income pregnant woman shall include coverage of preventive services for children or pregnant women required under a State plan under title XIX under subsections (a)(4)(E) and (ee) of section 1905 and no deductible, cost sharing or similar charge shall be imposed under the State child health plan with respect to such services. . 402. Timely immunization coverage (a) Coverage for newly approved vaccines within 30 days (1) In general Section 1928(e) ( 42 U.S.C. 1396s(e) Each revision of the list established by such Advisory Committee shall apply to the purchase, delivery, and administration of pediatric vaccines under this section not later than 30 days after the date such Advisory Committee approves the revision. (2) Conforming amendment Section 2103(c)(1)(D) ( 42 U.S.C. 1397cc(c)(1)(D) in accordance with the schedule referred to in section 1928(c)(2)(B)(i) for pediatric vaccines immunizations (b) Treatment of CHIP-Eligible children as federally vaccine-Eligible children Section 1928(b)(2) ( 42 U.S.C. 1396s(b)(2) (1) in subparagraph (A)(i), by inserting or CHIP-eligible medicaid-eligible (2) in subparagraph (B), by striking clause (i) and inserting the following: (i) The term medicaid-eligible or CHIP-eligible child . (c) Coding for vaccine administration Section 1928 ( 42 U.S.C. 1396s (1) by striking subsection (g) and inserting: (g) Reserved ; and (2) in subsection (h)(6), by striking a vaccine each vaccine component (d) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. V Access and Quality A Pediatric Quality Measures 501. Extending the pediatric quality measures program (a) In general Section 1139A(i) (42 U.S.C. 1320b–9a(i)) is amended by inserting , and for each of fiscal years 2014 through 2019, $50,000,000, $45,000,000 (b) Effective date The amendment made by this section shall take effect on the date of enactment of this Act. 502. Improving the effectiveness of the pediatric quality measures (a) In general Section 1139A(b) (42 U.S.C. 1320b–9a(b)) is amended— (1) in paragraph (4)— (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (C) establish a program to continue and enhance pediatric quality measures program centers of excellence, which may include developing centers of excellence with a particular emphasis on patient and family experience and pediatric populations that are small in size and may be most effectively addressed by aggregating data across multiple States, including pediatric populations with medical complexity and pediatric populations with rare conditions. ; and (2) by amending paragraph (5) to read as follows: (5) Revising, strengthening, and improving initial core measures (A) In general The Secretary shall annually publish recommended changes to the core measures described in subsection (a) that— (i) are consistent with the purposes of the pediatric quality measures program established under paragraph (1); (ii) meet the conditions specified in paragraph (2); (iii) were developed by the Secretary in consultation with the entities specified in subparagraphs (A) through (H) of paragraph (3); and (iv) were developed, validated, or tested through a grant awarded under paragraph (4). (B) Additional recommended changes Beginning not later than 1 year after the date of enactment of the CHIP Extension Act of 2014 (i) to measure the type of children’s health insurance coverage or other health benefits coverage available over time, in addition to the presence, stability, and duration of such health insurance coverage or such health benefits coverage over time, for purposes of examining enrollment changes of a child from one type of coverage to another; (ii) to ensure that the measures reflect the care provided to the diverse pediatric population, including adolescents and children with special health care needs, and the management of acute and chronic conditions; (iii) to ensure that the measures reflect care provided in diverse health care settings, including both inpatient and ambulatory settings; (iv) to encourage the development, implementation, and stewardship of core measures that can be used at the State, hospital, practice, and plan levels, including a sustainable mechanism to maintain and disseminate such measures and collect and report data on such measures; and (v) to facilitate the adoption, dissemination, stewardship, and reporting of such measures as well as measures developed through the pediatric quality measures program at the State, hospital, practice, and plan levels and across different health care delivery and coverage systems, including coverage provided through the Exchanges established under title I of the Patient Protection and Affordable Care Act. . (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 503. Annual State reports regarding State-specific quality of care measures applied under Medicaid or CHIP (a) In general Section 1139A(c) (42 U.S.C. 1320b–9a(c)) is amended by adding at the end the following new paragraph: (3) Data collection and reporting on full set of core measures Beginning not later than 5 years after the date of enactment of this paragraph, the information reported under paragraph (1) shall include State-specific information on the full set of pediatric core measures. . (b) Effective date The amendment made by this section shall take effect on the date of enactment of this Act. 504. Advisory panel regarding pediatric quality (a) In general Section 1139A(g) (42 U.S.C. 1320b–9a(g)) is amended— (1) in the subsection heading, by striking Study of Studies and reports on (2) by redesignating paragraph (2) as paragraph (4); and (3) by inserting after paragraph (1) the following new paragraphs: (2) Expert panel The Secretary shall convene a panel, composed of health experts (including experts employed by the Federal Government and experts not so employed) to establish priorities and goals for child health as recommended in the report submitted under paragraph (1) by the Institute of Medicine. Such panel shall— (A) advise and make recommendations to the Secretary regarding changes that may be made to the core measures described in subsection (a); (B) establish standards for the timeliness and accuracy of data so collected and reported; and (C) review and make recommendations, on an annual basis, for strategies to enhance the timeliness, accuracy, and utility of the core measures. (3) Collecting and reporting full set of core measures Not later than 1 year after the date of enactment of this paragraph, the Secretary, in consultation with representatives of State agencies responsible for administering Medicaid and the State Children’s Health Insurance Program and representatives of relevant provider organizations, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report identifying— (A) strategies to address and overcome barriers to State collection of and reporting of the full set of pediatric core measures; (B) an analysis of the amount of Federal funding needed to incentivize States to collect and report on the full set of pediatric core measures; and (C) a standardized format and plan for States to collect and report on the full set of pediatric core measures. . (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 505. Extending and expanding demonstration projects (a) Strengthening demonstration projects for improving the quality of children’s health care and the use of health information technology Section 1139A(d) (42 U.S.C. 1320b–9a(d)) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A)— (i) by inserting , and during the period of fiscal years 2014 through 2019, the Secretary shall award not less than 10 grants, 10 grants (ii) by inserting (including oral care) health care (B) in subparagraph (C), by striking or (C) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following new subparagraphs: (E) examine and address barriers to effective delivery of perinatal care and its impact on birth outcomes and subsequent pregnancies and children’s health; (F) implement and expand pediatric and perinatal learning and quality improvement collaboratives on the quality of children’s and pregnant women’s health care, including improving patient outcomes, reducing health costs, and addressing health disparities; (G) encourage and evaluate the use at the State level of payment reform and related policy proposals for purposes of promoting higher quality of care for children, including the shared savings program established under section 1899 and other methods of encouraging integrated care models; or (H) with respect to the model electronic health record format for children developed and disseminated under subsection (f)— (i) assess the extent to which the format has been incorporated into widely used electronic health record formats; (ii) implement standards and activities that result in increased use of such format; and (iii) evaluate the impact of the increased use of such format. ; (2) in paragraph (2)— (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (C) with respect to grants awarded for projects described in paragraph (1)(F), such grants shall be awarded for projects that— (i) give priority to collaboratives that would have substantial impacts on the pediatric population by— (I) affecting a large percentage of such population or by substantially improving outcomes in a smaller population; (II) reducing the cost of health care for children, including children with medically complex illnesses or chronic conditions; (III) having a high likelihood to reduce disparities in health status; or (IV) potentially having long-term health impacts by addressing childhood precursors to adult conditions; and (ii) encourage coordination with other sources of funding in the expansion of pediatric learning collaboratives, including by coordinating care and utilizing community health workers (as defined in section 399V(k) of the Public Health Service Act ( 42 U.S.C. 280g–11(k) ; and (3) in paragraph (4)— (A) by inserting For each of fiscal years 2009 through 2013, $20,000,000 (B) by adding at the end the following new sentence: For each of fiscal years 2014 through 2019, $36,000,000 of the amount appropriated under subsection (i) for a fiscal year shall be used to carry out this subsection. (b) Extending funding for childhood obesity demonstration projects Section 1139A(e)(8) (42 U.S.C. 1320b–9a(e)(8)) is amended by inserting , and for the period of fiscal years 2015 through 2019, $25,000,000 2014 (c) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. B Maternal, Infant, and Early Childhood Home Visiting Program 511. Supporting evidence-based care coordination in communities (a) In general Section 511(j)(1) ( 42 U.S.C. 711(j)(1) (F) $400,000,000 for each of fiscal years 2015 through 2019. . (b) Prevention of duplicate appropriations for fiscal year 2015 Expenditures made pursuant to the amendments made by section 209 of the Protecting Access to Medicare Act of 2014 ( Public Law 113–93 (c) Effective date The amendment made by this section shall take effect on the date of enactment of this Act. C Comparative study of Medicaid, CHIP, and qualified health plans 521. GAO study and report (a) Study The Comptroller General of the United States shall conduct a study of each State in which individuals eligible for medical assistance under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. 42 U.S.C. 1397aa et seq. (1) the number of such individuals enrolled in an employer-sponsored health plan to whom wraparound services are offered; (2) the number of such individuals enrolled in an employer-sponsored health plan who use wraparound services for any purpose during the plan year; (3) the average cost of wraparound services per individual enrolled in an employer-sponsored health plan who uses such services; (4) the number of such individuals with developmental disabilities 42 U.S.C. 15002(8) (5) the number of disabled individuals enrolled in an employer-sponsored health plan who use wraparound benefits for habilitative services, rehabilitative services, or home health services; (6) the number of such individuals enrolled in qualified health plans; (7) average premiums and cost-sharing per such individual enrolled in a qualified health plan; and (8) comparative data with respect to the benefits offered to such individuals under qualified health plans as compared to the benefits offered to such individuals under State plans under title XIX or XXI of the Social Security Act. (b) Reports Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the findings of the study conducted under subsection (a) that includes any recommendations or proposed legislation. Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate an updated report on the findings of the study conducted under subsection (a) that includes any recommendations or proposed legislation. (c) Definitions For purposes of this section: (1) Qualified health plan The term qualified health plan Public Law 111–148 (2) Wraparound services The term wraparound services VI Budgetary Effects 601. Budgetary effect of this Act The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation

CHIP Extension Act of 2014

Keep Our Communities Safe Act of 2014 - Amends the Immigration and Nationality Act (INA) to revise requirements for the detention and removal of aliens ordered removed. Expresses the sense of Congress that: (1) constitutional rights should be upheld and protected, (2) Congress intends to uphold the constitutional principle of due process, and (3) due process of the law is a right afforded to everyone in the United States. Expands the authority of the Secretary of Homeland Security (DHS) to take a criminal alien into custody pending a determination of removability. Provides that the alien, unless eligible for bond release, may be detained without limitation until subject to a final order of removal. Limits the Attorney General's (DOJ) review of DHS custody determinations to whether the alien may be detained, released with no bond, or released on bond of at least $1,500. Limits the Attorney General's review of DHS custody determinations for an alien in certain categories to whether the alien was properly included in such category. Begins the removal period on the latest of: (1) the date the removal order becomes administratively final; (2) the date the alien is taken into DHS custody if the alien is not in DHS custody on the date the removal order becomes administratively final; or (3) if the alien is detained or confined (except under an immigration process) on the date the removal order becomes administratively final, the date the alien is taken into DHS custody after the alien is released from detention or confinement. Extends the removal (and detention) period beyond 90 days if: (1) the alien fails or refuses to comply with the removal order or to fully cooperate with DHS efforts to establish the alien's identity and carry out the removal order; (2) a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien subject to a final removal order; (3) DHS transfers custody of the alien to another federal agency or to a state or local agency; or (4) a court or the Board of Immigration Appeals orders a remand to an immigration judge or the Board of Immigration Appeals while the case is pending a decision on remand. Begins a new removal period in the case of such an extended removal on the date: (1) the alien makes all reasonable efforts to comply with the removal order or to cooperate fully with DHS efforts to establish the alien's identity and carry out the removal order, (2) the stay of removal is no longer in effect, or (3) the alien is returned to DHS custody. Requires mandatory detention for an alien who is inadmissible or deportable under specified criminal or terrorist grounds. Directs the Secretary to establish a detention review process for cooperative aliens. Authorizes DHS to detain indefinitely, subject to six-month review, an alien under a removal order who cannot be removed if: (1) the alien will be removed in the reasonably foreseeable future; (2) the alien would have been removed but for his or her refusal to cooperate with DHS identification and removal efforts; (3) the alien has a highly contagious disease that poses a public safety threat; (4) release would have serious adverse foreign policy consequences or would threaten national security; or (5) release would threaten the safety of the community or any person and the alien has been convicted of either one or more aggravated felonies or crimes of violence and, because of a mental or personality condition, is likely to engage in future acts of violence.

113 S2463 IS: Keep Our Communities Safe Act of 2014 U.S. Senate 2014-06-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2463 IN THE SENATE OF THE UNITED STATES June 11, 2014 Mr. Inhofe Mr. Grassley Mr. Sessions Mr. Vitter Mr. Cruz Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for extensions of detention of certain aliens ordered removed, and for other purposes. 1. Short title This Act may be cited as the Keep Our Communities Safe Act of 2014 2. Sense of Congress It is the sense of Congress that— (1) Constitutional rights should be upheld and protected; (2) Congress intends to uphold the Constitutional principle of due process; and (3) due process of the law is a right afforded to everyone in the United States. 3. Detention of dangerous aliens during removal proceedings Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 (1) by striking Attorney General Secretary of Homeland Security (2) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting the Secretary of Homeland Security or the Attorney General— (B) in paragraph (2)(B), by striking conditional parole recognizance (3) in subsection (b)— (A) in the subsection heading, by striking parole recognizance (B) by striking parole recognizance (4) in subsection (c)(1), by striking the undesignated matter following subparagraph (D) and inserting the following: any time after the alien is released, without regard to whether an alien is released related to any activity, offense, or conviction described in this paragraph; to whether the alien is released on parole, supervised release, or probation; or to whether the alien may be arrested or imprisoned again for the same offense. If the activity described in this paragraph does not result in the alien being taken into custody by any person other than the Secretary, then when the alien is brought to the attention of the Secretary or when the Secretary determines it is practical to take such alien into custody, the Secretary shall take such alien into custody. ; (5) in subsection (e), by striking Attorney General’s Secretary of Homeland Security’s (6) by adding at the end the following: (g) Length of detention (1) Notwithstanding any other provision of this section, an alien may be detained under this section for any period, without limitation, except as provided in subsection (i), until the alien is subject to a final order of removal. (2) The length of detention under this section shall not affect a detention under section 241. (h) Administrative review (1) Limitation The Attorney General’s review of the Secretary’s custody determinations under subsection (a) shall be limited to whether the alien may be detained, released on bond (of at least $1,500 with security approved by the Secretary), or released with no bond. Any review involving an alien described in paragraph (2)(D) shall be limited to a determination of whether the alien is properly included in such category. (2) Classes of aliens The Attorney General shall review the Secretary’s custody determinations for the following classes of aliens: (A) Aliens in exclusion proceedings. (B) Aliens described in sections 212(a)(3) and 237(a)(4). (C) Aliens described in subsection (c). (D) Aliens in deportation proceedings subject to section 242(a)(2) (as in effect between April 24, 1996 and April 1, 1997). (i) Release on bond (1) In general An alien detained under subsection (a) may seek release on bond. No bond may be granted except to an alien who establishes by clear and convincing evidence that the alien is not a flight risk or a risk to another person or the community. (2) Certain aliens ineligible No alien detained under subsection (c) may seek release on bond. . 4. Aliens ordered removed Section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) (1) by striking Attorney General Secretary of Homeland Security (2) in paragraph (1)— (A) by amending subparagraphs (B) and (C) to read as follows: (B) Beginning of period The removal period begins on the latest of— (i) the date on which the order of removal becomes administratively final; (ii) the date on which the alien is taken into such custody if the alien is not in the custody of the Secretary on the date on which the order of removal becomes administratively final; and (iii) the date on which the alien is taken into the custody of the Secretary after the alien is released from detention or confinement if the alien is detained or confined (except for an immigration process) on the date on which the order of removal becomes administratively final. (C) Suspension of period (i) Extension The removal period shall be extended beyond a period of 90 days and the Secretary may, in the Secretary’s sole discretion, keep the alien in detention during such extended period, if— (I) the alien fails or refuses to make all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal that is subject to an order of removal; (II) a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal; (III) the Secretary transfers custody of the alien pursuant to law to another Federal agency or a State or local government agency in connection with the official duties of such agency; or (IV) a court or the Board of Immigration Appeals orders a remand to an immigration judge or the Board of Immigration Appeals, during the time period when the case is pending a decision on remand (with the removal period beginning anew on the date that the alien is ordered removed on remand). (ii) Renewal If the removal period has been extended under clause (i), a new removal period shall be deemed to have begun on the date on which— (I) the alien makes all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary’s efforts to establish the alien’s identity and carry out the removal order; (II) the stay of removal is no longer in effect; or (III) the alien is returned to the custody of the Secretary. (iii) Mandatory detention for certain aliens The Secretary shall keep an alien described in subparagraphs (A) through (D) of section 236(c)(1) in detention during the extended period described in clause (i). (iv) Sole form of relief An alien may only seek relief from detention under this subparagraph by filing an application for a writ of habeas corpus in accordance with chapter 153 ; (3) in paragraph (3)— (A) in the matter preceding subparagraph (A), by inserting or is not detained pursuant to paragraph (6) the removal period (B) by amending subparagraph (D) to read as follows: (D) to obey reasonable restrictions on the alien’s conduct or activities that the Secretary prescribes for the alien— (i) to prevent the alien from absconding; (ii) for the protection of the community; or (iii) for other purposes related to the enforcement of Federal immigration laws. ; (4) in paragraph (4)(A), by striking paragraph (2) subparagraph (B) (5) by amending paragraph (6) to read as follows: (6) Additional rules for detention or release of certain aliens (A) Detention review process for cooperative aliens established (i) In general The Secretary shall establish an administrative review process to determine whether an alien who is not otherwise subject to mandatory detention, who has made all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary of Homeland Security’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien’s departure, and who has not conspired or acted to prevent removal should be detained or released on conditions. (ii) Determination The Secretary shall make a determination whether to release an alien after the removal period in accordance with subparagraph (B), which— (I) shall include consideration of any evidence submitted by the alien; and (II) may include consideration of any other evidence, including— (aa) any information or assistance provided by the Secretary of State or other Federal official; and (bb) any other information available to the Secretary of Homeland Security pertaining to the ability to remove the alien. (B) Authority to detain beyond removal period (i) In general The Secretary of Homeland Security may continue to detain an alien for 90 days beyond the removal period (including any extension of the removal period under paragraph (1)(C)). An alien whose detention is extended under this subparagraph shall not have the right to seek release on bond. (ii) Specific circumstances The Secretary of Homeland Security may continue to detain an alien beyond the 90 days authorized under clause (i)— (I) until the alien is removed, if the Secretary determines that there is a significant likelihood that the alien— (aa) will be removed in the reasonably foreseeable future; (bb) would be removed in the reasonably foreseeable future; or (cc) would have been removed if the alien had not— (AA) failed or refused to make all reasonable efforts to comply with the removal order; (BB) failed or refused to cooperate fully with the Secretary’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien’s departure; or (CC) conspired or acted to prevent removal; (II) until the alien is removed, if the Secretary of Homeland Security certifies in writing— (aa) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety; (bb) after receipt of a written recommendation from the Secretary of State, that release of the alien is likely to have serious adverse foreign policy consequences for the United States; (cc) based on information available to the Secretary of Homeland Security (including classified, sensitive, or national security information, and without regard to the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States; or (dd) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or of any person; and (AA) the alien has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)(A)) or of 1 or more crimes identified by the Secretary of Homeland Security by regulation, or of 1 or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes, if the aggregate term of imprisonment for such attempts or conspiracies is at least 5 years; or (BB) the alien has committed 1 or more crimes of violence (as defined in section 16 (III) pending a certification under subclause (II), if the Secretary of Homeland Security has initiated the administrative review process not later than 30 days after the expiration of the removal period (including any extension of the removal period under paragraph (1)(C)). (iii) No right to bond hearing An alien whose detention is extended under this subparagraph shall not have a right to seek release on bond, including by reason of a certification under clause (ii)(II). (C) Renewal and delegation of certification (i) Renewal The Secretary of Homeland Security may renew a certification under subparagraph (B)(ii)(II) every 6 months after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request. If the Secretary does not renew a certification, the Secretary may not continue to detain the alien under subparagraph (B)(ii)(II). (ii) Delegation Notwithstanding section 103, the Secretary of Homeland Security may not delegate the authority to make or renew a certification described in item (bb), (cc), or (dd) of subparagraph (B)(ii)(II) below the level of the Assistant Secretary for Immigration and Customs Enforcement. (iii) Hearing The Secretary of Homeland Security may request that the Attorney General or the Attorney General’s designee provide for a hearing to make the determination described in subparagraph (B)(ii)(II)(dd)(BB). (D) Release on conditions If it is determined that an alien should be released from detention by a Federal court, the Board of Immigration Appeals, or if an immigration judge orders a stay of removal, the Secretary of Homeland Security may impose conditions on release as provided under paragraph (3). (E) Redetention (i) In general The Secretary of Homeland Security, without any limitations other than those specified in this section, may detain any alien subject to a final removal order who is released from custody if— (I) removal becomes likely in the reasonably foreseeable future; (II) the alien fails to comply with the conditions of release or to continue to satisfy the conditions described in subparagraph (A); or (III) upon reconsideration, the Secretary determines that the alien can be detained under subparagraph (B). (ii) Applicability This section shall apply to any alien returned to custody pursuant to this subparagraph as if the removal period terminated on the day of the redetention. (F) Review of determinations by secretary A determination by the Secretary under this paragraph shall not be subject to review by any other agency. . 5. Severability If any of the provisions of this Act, any amendment made by this Act, or the application of any such provision to any person or circumstance, is held to be invalid for any reason, the remainder of this Act, the amendments made by this Act, and the application of the provisions and amendments made by this Act to any other person or circumstance shall not be affected by such holding. 6. Effective dates (a) Apprehension and detention of aliens The amendments made by section 3 shall take effect on the date of the enactment of this Act. Section 236 of the Immigration and Nationality Act, as amended by section 3, shall apply to any alien in detention under the provisions of such section on or after such date of enactment. (b) Aliens ordered removed The amendments made by section 4 shall take effect on the date of the enactment of this Act. Section 241 of the Immigration and Nationality Act, as amended by section 4, shall apply to— (1) all aliens subject to a final administrative removal, deportation, or exclusion order that was issued before, on, or after the date of the enactment of this Act; and (2) acts and conditions occurring or existing before, on, or after such date of enactment.

Keep Our Communities Safe Act of 2014

National Bison Legacy Act - Adopts the North American bison as the national mammal of the United States.

113 S2464 IS: National Bison Legacy Act U.S. Senate 2014-06-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2464 IN THE SENATE OF THE UNITED STATES June 11, 2014 Mr. Johnson of South Dakota Mr. Hoeven Mr. Bennet Mrs. Gillibrand Mr. Heinrich Ms. Heitkamp Mr. Inhofe Mr. Johanns Mr. Moran Mr. Portman Mr. Schumer Mr. Thune Mr. Udall of New Mexico Mr. Whitehouse Committee on the Judiciary A BILL To adopt the bison as the national mammal of the United States. 1. Short title This Act may be cited as the National Bison Legacy Act 2. Findings Congress finds that— (1) bison are considered a historical symbol of the United States; (2) bison were integrally linked with the economic and spiritual lives of many Indian tribes through trade and sacred ceremonies; (3) there are more than 60 Indian tribes participating in the Intertribal Buffalo Council; (4) numerous members of Indian tribes are involved in bison restoration on tribal land; (5) members of Indian tribes have a combined herd on more than 1,000,000 acres of tribal land; (6) the Intertribal Buffalo Council is a tribal organization incorporated pursuant to section 17 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act 25 U.S.C. 477 (7) bison can play an important role in improving the types of grasses found in landscapes to the benefit of grasslands; (8) a small group of ranchers helped save bison from extinction in the late 1800s by gathering the remnants of the decimated herds; (9) bison hold significant economic value for private producers and rural communities; (10) according to the 2012 Census of Agriculture of the Department of Agriculture, as of 2012, 162,110 head of bison were under the stewardship of private producers, creating jobs and providing a sustainable and healthy meat source contributing to the food security of the United States; (11) a bison is portrayed on 2 State flags; (12) the bison has been adopted by 3 States as the official mammal or animal of those States; (13) a bison has been depicted on the official seal of the Department of the Interior since 1912; (14) the buffalo nickel played an important role in modernizing the currency of the United States; (15) several sports teams have the bison as a mascot, which highlights the iconic significance of bison in the United States; (16) on December 8, 1905, William Hornaday, Theodore Roosevelt, and others formed the American Bison Society in response to the near extinction of bison in the United States; (17) on October 11, 1907, the American Bison Society sent 15 captive-bred bison from the New York Zoological Park, now known as the Bronx Zoo Wichita Mountains Wildlife Refuge (18) in 2005, the American Bison Society was reestablished, bringing together bison ranchers, managers from Indian tribes, Federal and State agencies, conservation organizations, and natural and social scientists from the United States, Canada, and Mexico to create a vision for the North American bison in the 21st century; (19) there are bison herds in National Wildlife Refuges and National Parks; (20) there are bison in State-managed herds across 11 States; (21) there is a growing effort to celebrate and officially recognize the historical, cultural, and economic significance of the North American bison to the heritage of the United States; (22) in the 1st session of the 113th Congress, 25 Senators led a successful effort to enact a resolution to designate November 2, 2013, as the second annual National Bison Day; and (23) members of Indian tribes, bison producers, conservationists, sportsmen, educators, and other public and private partners have participated in the annual National Bison Day celebration at several events across the United States and are committed to continuing this tradition annually on the first Saturday of November. 3. Establishment and adoption of the north american bison as the national mammal The mammal commonly known as the North American bison

National Bison Legacy Act

Albuquerque Indian School Land Transfer Act - Directs the Secretary of the Interior to take into trust 4 tracts of federal land in New Mexico, the combined acreage of which is approximately 11.11 acres, that were historically part of the Albuquerque Indian School for the benefit of 19 specified pueblos immediately after the requirements of the National Environmental Policy Act of 1969 (NEPA) have been satisfied regarding the trust acquisition of such federal land. Requires the federal lands taken into trust to be used for the educational, health, cultural, business, and economic development of the 19 pueblos. Requires the federal lands taken into trust to remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on this Act's enactment date. Requires the 19 pueblos to allow the Bureau of Indian Affairs (BIA) to continue to use the federal lands taken into trust for the facilities and purposes as in existence on this Act's enactment date. Prohibits gaming from being carried out on the federal lands taken into trust under this Act.

113 S2465 IS: Albuquerque Indian School Land Transfer Act U.S. Senate 2014-06-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2465 IN THE SENATE OF THE UNITED STATES June 11, 2014 Mr. Udall of New Mexico Mr. Heinrich Committee on Indian Affairs A BILL To require the Secretary of the Interior to take into trust 4 parcels of Federal land for the benefit of certain Indian Pueblos in the State of New Mexico. 1. Short title This Act may be cited as the Albuquerque Indian School Land Transfer Act 2. Definitions In this Act: (1) 19 Pueblos The term 19 Pueblos (A) Acoma; (B) Cochiti; (C) Isleta; (D) Jemez; (E) Laguna; (F) Nambe; (G) Ohkay Owingeh (San Juan); (H) Picuris; (I) Pojoaque; (J) San Felipe; (K) San Ildefonso; (L) Sandia; (M) Santa Ana; (N) Santa Clara; (O) Santo Domingo; (P) Taos; (Q) Tesuque; (R) Zia; and (S) Zuni. (2) Map The term map Bureau of Indian Affairs—Southwest Region Division of Land Titles & Records: BLM Surveys Within Town of Albuquerque Grant—Albuquerque Indian School (3) Secretary The term Secretary 3. Land taken into trust for benefit of 19 Pueblos (a) Action by Secretary (1) In general The Secretary shall take into trust all right, title, and interest of the United States in and to the Federal land described in subsection (b) for the benefit of the 19 Pueblos immediately after the Secretary determines that the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Administration The Secretary shall— (A) take such action as the Secretary determines to be necessary to document the transfer under paragraph (1); and (B) appropriately assign each applicable private and municipal utility and service right or agreement. (b) Description of land The Federal land referred to in subsection (a)(1) is the 4 tracts of Federal land, the combined acreage of which is approximately 11.11 acres, that were historically part of the Albuquerque Indian School, more particularly described as follows: (1) Abandoned Indian School Road The approximately 0.83 acres located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (2) Southern part tract D The approximately 6.18 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (3) Tract 1 The approximately 0.41 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (4) Western part tract B The approximately 3.69 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, Mexico, as identified on the map. (c) Survey The Secretary shall conduct a survey of the Federal land to be transferred consistent with subsection (b) and may make minor corrections to the survey and legal description of the Federal land described in subsection (b) as the Secretary determines to be necessary to correct clerical, typographical, and surveying errors. (d) Use of land The Federal land taken into trust under subsection (a) shall be used for the educational, health, cultural, business, and economic development of the 19 Pueblos. (e) Limitations and conditions The Federal land taken into trust under subsection (a) shall remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on the date of enactment of this Act. 4. Effect of other laws (a) In general Subject to subsection (b), Federal land taken into trust under section 3(a) shall be subject to Federal laws relating to Indian land. (b) Gaming No class I gaming, class II gaming, or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703

Albuquerque Indian School Land Transfer Act

Continuing Care for Veterans Act of 2014 - Prohibits the Secretary of Veterans Affairs (VA) from altering the health care available to a veteran who is enrolled in the VA health care system or the amount of time that veteran has to wait for an appointment for such care based solely on the length of time since he or she last received health care from the VA.

113 S2467 IS: Continuing Care for Veterans Act of 2014 U.S. Senate 2014-06-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2467 IN THE SENATE OF THE UNITED STATES June 12, 2014 Mr. Pryor Committee on Veterans' Affairs A BILL To prohibit the Secretary of Veterans Affairs from altering available health care and wait times for appointments for health care for certain veterans, and for other purposes. 1. Short title This Act may be cited as the Continuing Care for Veterans Act of 2014 2. Prohibition on altering available health care and wait times for appointments for health care for certain veterans The Secretary of Veterans Affairs may not alter the hospital care, medical services, or other health care available to a veteran who is enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code, or the amount of time such veteran is required to wait for an appointment for such care or services based solely on the length of time since such veteran has last received such care or services from the Department.

Continuing Care for Veterans Act of 2014

Veterans Emergency Health Care Safety Net Expansion Act of 2014 - Eliminates the requirement limiting reimbursement for emergency treatment in a non-Department of Veterans Affairs (VA) facility to veterans who are active participants in the VA's health care system. Requires the veteran to be an enrollee in the VA's patient enrollment system. Treats the VA as a participating provider for purposes of allowing the VA to recover the costs it incurs in providing care to a veteran for a non-service connected disability that is covered under the veteran's health plan contract.

113 S2468 IS: Veterans Emergency Health Care Safety Net Expansion Act of 2014 U.S. Senate 2014-06-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2468 IN THE SENATE OF THE UNITED STATES June 12, 2014 Ms. Hirono Mr. Moran Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to expand eligibility for reimbursement for emergency medical treatment and to require that the Department of Veterans Affairs be treated as a participating provider for the recovery of the costs of certain medical care, and for other purposes. 1. Short title This Act may be cited as the Veterans Emergency Health Care Safety Net Expansion Act of 2014 2. Expansion of emergency medical treatment reimbursement for certain veterans Section 1725(b) (1) in paragraph (1), by striking an active Department health-care participant enrolled in the health care system established under section 1705(a) of this title (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). 3. Treatment of Department of Veterans Affairs as participating provider for recovery of costs of certain medical care Section 1729(f) (f) No law (f) (1) In the case of a veteran who is entitled to care (or payment of the expenses of care) under a health-plan contract, for purposes of reimbursement for providing care or services under this chapter to that veteran for a non-service-connected disability described in subparagraph (D) or (E) of subsection (a)(2), the Department shall be treated as a participating provider under that health-plan contract. (2) No law .

Veterans Emergency Health Care Safety Net Expansion Act of 2014

(This measure has not been amended since it was reported to the Senate on April 22, 2013. The summary of that version is repeated here.) Harriet Tubman National Historical Parks Act - Establishes in Caroline, Dorchester, and Talbot Counties, Maryland, the Harriet Tubman Underground Railroad National Historical Park as a unit of the National Park System. Establishes in Auburn, New York, the Harriet Tubman National Historical Park also as a unit of the National Park System. Authorizes the Secretary of the Interior to enter into cooperative agreements with certain entities for the historical preservation and interpretation of the parks. Requires the Secretary to complete a general management plan for the parks. Amends the Water Resources Development Act of 1996 to decrease the federal share of project costs for navigation and safety improvements to the Chesapeake and Delaware Canal and Baltimore Harbor Connecting Channels in Delaware and Maryland.

113 S247 ES: Harriet Tubman National Historical Parks Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 247 IN THE SENATE OF THE UNITED STATES AN ACT To establish the Harriet Tubman National Historical Park in Auburn, New York, and the Harriet Tubman Underground Railroad National Historical Park in Caroline, Dorchester, and Talbot Counties, Maryland, and for other purposes. 1. Short title This Act may be cited as the Harriet Tubman National Historical Parks Act 2. Harriet Tubman Underground Railroad National Historical Park, Maryland (a) Definitions In this section: (1) Historical park The term historical park (2) Map The term map Authorized Acquisition Area for the Proposed Harriet Tubman Underground Railroad National Historical Park (3) Secretary The term Secretary (4) State The term State (b) Harriet tubman underground railroad national historical park (1) Establishment (A) In general Subject to subparagraph (B), there is established the Harriet Tubman Underground Railroad National Historical Park in Caroline, Dorchester, and Talbot Counties, Maryland, as a unit of the National Park System. (B) Determination by secretary The historical park shall not be established until the date on which the Secretary determines that a sufficient quantity of land, or interests in land, has been acquired to constitute a manageable park unit. (C) Notice Not later than 30 days after the date on which the Secretary makes a determination under subparagraph (B), the Secretary shall publish in the Federal Register notice of the establishment of the historical park, including an official boundary map for the historical park. (D) Availability of map The official boundary map published under subparagraph (C) shall be on file and available for public inspection in appropriate offices of the National Park Service. (2) Purpose The purpose of the historical park is to preserve and interpret for the benefit of present and future generations the historical, cultural, and natural resources associated with the life of Harriet Tubman and the Underground Railroad. (3) Land acquisition (A) In general The Secretary may acquire land and interests in land within the areas depicted on the map as Authorized Acquisition Areas (B) Boundary adjustment On acquisition of land or an interest in land under subparagraph (A), the boundary of the historical park shall be adjusted to reflect the acquisition. (c) Administration (1) In general The Secretary shall administer the historical park in accordance with this section and the laws generally applicable to units of the National Park System, including— (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (2) Interagency agreement Not later than 1 year after the date on which the historical park is established, the Director of the National Park Service and the Director of the United States Fish and Wildlife Service shall enter into an agreement to allow the National Park Service to provide for public interpretation of historic resources located within the boundary of the Blackwater National Wildlife Refuge that are associated with the life of Harriet Tubman, consistent with the management requirements of the Refuge. (3) Interpretive tours The Secretary may provide interpretive tours to sites and resources located outside the boundary of the historical park in Caroline, Dorchester, and Talbot Counties, Maryland, relating to the life of Harriet Tubman and the Underground Railroad. (4) Cooperative agreements (A) In general The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, colleges and universities, non-profit organizations, and individuals— (i) to mark, interpret, and restore nationally significant historic or cultural resources relating to the life of Harriet Tubman or the Underground Railroad within the boundaries of the historical park, if the agreement provides for reasonable public access; or (ii) to conduct research relating to the life of Harriet Tubman and the Underground Railroad. (B) Visitor center The Secretary may enter into a cooperative agreement with the State to design, construct, operate, and maintain a joint visitor center on land owned by the State— (i) to provide for National Park Service visitor and interpretive facilities for the historical park; and (ii) to provide to the Secretary, at no additional cost, sufficient office space to administer the historical park. (C) Cost-sharing requirement (i) Federal share The Federal share of the total cost of any activity carried out under this paragraph shall not exceed 50 percent. (ii) Form of non-federal share The non-Federal share of the cost of carrying out an activity under this paragraph may be in the form of in-kind contributions or goods or services fairly valued. (d) General management plan (1) In general Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 12(b) of the National Park Service General Authorities Act (16 U.S.C. 1a–7(b)). (2) Consultation The general management plan shall be prepared in consultation with the State (including political subdivisions of the State). (3) Coordination The Secretary shall coordinate the preparation and implementation of the management plan with— (A) the Blackwater National Wildlife Refuge; (B) the Harriet Tubman National Historical Park established by section 3(b)(1)(A); and (C) the National Underground Railroad Network to Freedom. (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 3. Harriet tubman national historical park, auburn, New York (a) Definitions In this section: (1) Historical park The term historical park (2) Home The term Home (3) Map The term map Harriet Tubman National Historical Park (4) Secretary The term Secretary (5) State The term State (b) Harriet tubman national historical park (1) Establishment (A) In general Subject to subparagraph (B), there is established the Harriet Tubman National Historical Park in Auburn, New York, as a unit of the National Park System. (B) Determination by secretary The historical park shall not be established until the date on which the Secretary determines that a sufficient quantity of land, or interests in land, has been acquired to constitute a manageable park unit. (C) Notice Not later than 30 days after the date on which the Secretary makes a determination under subparagraph (B), the Secretary shall publish in the Federal Register notice of the establishment of the historical park. (D) Map The map shall be on file and available for public inspection in appropriate offices of the National Park Service. (2) Boundary The historical park shall include the Harriet Tubman Home, the Tubman Home for the Aged, the Thompson Memorial AME Zion Church and Rectory, and associated land, as identified in the area entitled National Historical Park Proposed Boundary (3) Purpose The purpose of the historical park is to preserve and interpret for the benefit of present and future generations the historical, cultural, and natural resources associated with the life of Harriet Tubman. (4) Land acquisition The Secretary may acquire land and interests in land within the areas depicted on the map by purchase from a willing seller, donation, or exchange. (c) Administration (1) In general The Secretary shall administer the historical park in accordance with this section and the laws generally applicable to units of the National Park System, including— (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (2) Interpretive tours The Secretary may provide interpretive tours to sites and resources located outside the boundary of the historical park in Auburn, New York, relating to the life of Harriet Tubman. (3) Cooperative agreements (A) In general The Secretary may enter into a cooperative agreement with the owner of any land within the historical park to mark, interpret, or restore nationally significant historic or cultural resources relating to the life of Harriet Tubman, if the agreement provides that— (i) the Secretary shall have the right of access to any public portions of the land covered by the agreement to allow for— (I) access at reasonable times by historical park visitors to the land; and (II) interpretation of the land for the public; and (ii) no changes or alterations shall be made to the land except by mutual agreement of the Secretary and the owner of the land. (B) Research The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, institutions of higher education, the Home and other nonprofit organizations, and individuals to conduct research relating to the life of Harriet Tubman. (C) Cost-sharing requirement (i) Federal share The Federal share of the total cost of any activity carried out under this paragraph shall not exceed 50 percent. (ii) Form of non-Federal share The non-Federal share may be in the form of in-kind contributions or goods or services fairly valued. (D) Attorney general (i) In general The Secretary shall submit to the Attorney General for review any cooperative agreement under this paragraph involving religious property or property owned by a religious institution. (ii) Finding No cooperative agreement subject to review under this subparagraph shall take effect until the date on which the Attorney General issues a finding that the proposed agreement does not violate the Establishment Clause of the first amendment to the Constitution. (d) General management plan (1) In general Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 12(b) of the National Park Service General Authorities Act (16 U.S.C. 1a–7(b)). (2) Coordination The Secretary shall coordinate the preparation and implementation of the management plan with— (A) the Harriet Tubman Underground Railroad National Historical Park established by section 2(b)(1); and (B) the National Underground Railroad Network to Freedom. (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act, except that not more than $7,500,000 shall be available to provide financial assistance under subsection (c)(3). 4. Offset Section 101(b)(12) of the Water Resources Development Act of 1996 ( Public Law 104–303 $53,852,000 $29,852,000 Passed the Senate July 9, 2014. Secretary

Harriet Tubman National Historical Parks Act

New Mexico Drought Relief Act of 2014 - Directs the Secretary of the Interior, acting through the Commissioner of Reclamation (Secretary), to carry out a water acquisition program in specified basins in New Mexico, under which the Secretary shall: (1) make acquisitions of water; and (2) take any other actions that the Secretary determines would enhance stream flow to benefit fish and wildlife, water quality, and river ecosystem restoration or enhance stewardship and conservation of working land, water, and watersheds. Authorizes the Secretary, in cooperation with the Middle Rio Grande Conservancy District, to provide funding and technical assistance for the installation of metering and measurement devices and the construction of check structures on irrigation diversions, canals, laterals, ditches, and drains to: (1) ensure the conservation and efficient use of water within the District by reducing actual consumptive use or not increasing the use of water, and (2) improve the measurement and allocation of water acquired through the water acquisition program. Requires the Secretary to provide for development of a comprehensive plan for the San Acacia reach to plan, design, construct, and prioritize projects that balance river maintenance, water availability, use, and delivery, and ecosystem benefits. Requires the Secretary of the Army to continue for five years the temporary deviation in the operation of Cochiti Lake and Jemez Canyon Dam that was initiated in 2009 to evaluate the benefits of a potential permanent reauthorization of the reservoirs. Requires the Secretaries to enter into an arrangement with the National Academy of Sciences to study water and reservoir management and operation issues along the Rio Grande. Authorizes financial assistance to be made available for eligible water projects to help New Mexico and other Western states address drought-related impacts to water supplies or any other immediate water-related crisis or conflict. Amends the Omnibus Public Land Management Act of 2009 (OPLMA) to: (1) authorize the use of water management improvement grants to assist applicants in planning for or addressing the impacts of drought, (2) authorize the Commissioner of Reclamation to waive any cost-share requirements to address emergency drought situations and to prioritize projects based on drought relief benefits, and (3) authorize appropriations for such grants. Reauthorizes appropriations for: (1) the Reclamation States Emergency Drought Relief Act of 1991, and (2) Rio Grande Pueblos infrastructure grants under OPLMA. Authorizes the Secretary of Agriculture (USDA) to allocate certain financial assistance made available under the Food Security Act of 1985 (FSA) to establish special conservation initiatives to assist producers in implementing eligible activities on agricultural land in the western states for: (1) mitigating the effects of drought; (2) improving water quality and quantity; (3) restoring, enhancing, and preserving fish and wildlife habitat; and (4) promoting innovative and collaborative conservation tools and approaches. Amends the FSA to provide that areas eligible for designation as conservation priority areas shall include areas with actual and significant water quantity impacts related to agricultural production activities.

113 S2470 IS: New Mexico Drought Relief Act of 2014 U.S. Senate 2014-06-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2470 IN THE SENATE OF THE UNITED STATES June 12, 2014 Mr. Udall of New Mexico Mr. Heinrich Committee on Energy and Natural Resources A BILL To provide for drought relief measures in the State of New Mexico, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the New Mexico 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. Definitions. Sec. 3. Water acquisition program. Sec. 4. Water conservation. Sec. 5. Middle Rio Grande peak flow restoration. Sec. 6. National Academy of Sciences study. Sec. 7. Emergency funding. Sec. 8. Secure Water Act reauthorization. Sec. 9. Reclamation States Emergency Drought Relief Act reauthorization. Sec. 10. Rio Grande Pueblo irrigation infrastructure reauthorization. Sec. 11. Regional conservation partnership program. Sec. 12. Conservation reserve program. Sec. 13. Effect on State law. 2. Definitions In this Act: (1) Basin The term Basin (A) the Upper Rio Grande Basin; (B) the Middle Rio Grande Basin; (C) the Lower Rio Grande Basin; (D) the Lower Pecos River Basin; (E) the Gila River Basin; (F) the Canadian River Basin; (G) the San Francisco River Basin; and (H) the San Juan River Basin. (2) District The term District (3) Pueblo The term Pueblo (A) Cochiti. (B) Santo Domingo. (C) San Felipe. (D) Santa Ana. (E) Sandia. (F) Isleta. (4) Secretaries The term Secretaries (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce; and (C) the Secretary of the Interior. (5) Secretary The term Secretary (6) State The term State 3. Water acquisition program (a) In general The Secretary, acting through the Commissioner of Reclamation, shall carry out in the Basins a water acquisition program in coordination with the other appropriate Federal agencies, State agencies, and non-Federal stakeholders, under which the Secretary shall— (1) make acquisitions of water in the Basins; and (2) take any other actions that the Secretary determines would achieve the purposes of the water acquisition program described in subsection (b). (b) Purposes The purposes of the water acquisition program are— (1) to enhance stream flow to benefit fish and wildlife (including endangered species), water quality, and river ecosystem restoration in the Basins; and (2) to enhance stewardship and conservation of working land, water, and watersheds in the Basins, consistent with the purpose described in paragraph (1). (c) Coordination To assist in developing and administering the program, the Secretary may provide funds to a federally established nonprofit entity with particular expertise in western water transactions. (d) District projects Subject to State law, the Secretary may develop programs to provide— (1) cost-share assistance to the District or agricultural producers and irrigators in the District for making irrigation system improvements that increase system efficiency; (2) for the use of agricultural leasing agreements to allow the District to provide water for the purpose of providing benefits to species listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (3) cost-share assistance to the District to implement infrastructure or operational changes that will allow for effective management of a leasing program, while maintaining adequate water deliveries to other agricultural producers and irrigators. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $30,000,000. 4. Water conservation (a) In general The Secretary, in cooperation with the District and in consultation with the Pueblos, may provide funding and technical assistance for the installation of metering and measurement devices and the construction of check structures on irrigation diversions, canals, laterals, ditches, and drains— (1) to ensure the conservation and efficient use of water within the District by reducing actual consumptive use or not increasing the use of water; and (2) to improve the measurement and allocation of water acquired through the water acquisition program established under section 3. (b) Rio Grande, San Acacia reach (1) In general The Secretary shall provide for development of a comprehensive plan for the San Acacia reach to plan, design, construct and prioritize projects that balance river maintenance, water availability, use, and delivery, and ecosystem benefits, including— (A) planning, permitting, and construction of a pumping station at Bosque del Apache National Wildlife Refuge for the purpose of more efficiently using water to provide— (i) a stable supply for the Refuge; and (ii) additional water to the Rio Grande for the benefit of the endangered silvery minnow and Southwestern willow flycatcher; (B) planning, permitting, and construction of a channel realignment project near the Rio Grande mile-83 for the purpose addressing channel aggradation while maintaining floodplain connectivity; (C) planning, permitting, and construction of a controlled outlet for the low flow conveyance channel to the Rio Grande between Fort Craig, New Mexico and Rio Grande mile-60 for the purpose of water use and delivery, enhancement and development of habitat areas, and possible creation of a single-channel river ecosystem; (D) planning, permitting, and modification or possible removal of the San Acacia Diversion Dam for purposes of reducing habitat fragmentation and securing fish passage, including channel restoration as necessary, while ensuring adequate water supplies for irrigators; and (E) development of a San Acacia reach study to identify additional projects and maintenance activities with water use and delivery and ecosystem benefits and prioritize implementation of all projects and activities. (2) Public participation In carrying out this subsection, the Secretary shall provide a process for public participation and comment during plan development and alternative analysis. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $18,000,000. 5. Middle Rio Grande peak flow restoration (a) In general During the 5-year period beginning on the date of enactment of this Act, the Secretary of the Army shall continue the temporary deviation in the operation of Cochiti Lake and Jemez Canyon Dam that was initiated in 2009 to evaluate the benefits of a potential permanent reauthorization of the reservoirs. (b) Goals The deviation mandated under subsection (a) shall provide for the detention and release of native Rio Grande water and San Juan-Chama Project water with the goals of— (1) restoring natural river processes to the Rio Grande, including a Spring peak flow to the Rio Grande; (2) increasing the spawning and recruitment of endangered Rio Grande silvery minnows; (3) creating overbanking flows that are necessary— (A) to maintain a healthy bosque; and (B) to support habitat for the Southwestern willow flycatcher and other wildlife; and (4) maintaining channel capacity. (c) Monitoring The Secretary of the Army, in cooperation with the Secretary and other members of the Middle Rio Grande Endangered Species Collaborative Program, shall— (1) monitor the environmental effects, benefits, and results of the deviation mandated under this section; and (2) compile any data necessary to evaluate the need for further amendment to the authorizations and water control manuals for Cochiti Lake or Jemez Canyon Dam. (d) Consultation required Before implementing the proposed deviation under this section, as required by the applicable water control manuals, the Secretary of the Army shall first obtain approval from— (1) Pueblo de Cochiti regarding the effect of the deviation on the easement of Pueblo de Cochiti; (2) Pueblo of Santa Ana; and (3) the Rio Grande Compact Commission. (e) Reports The Secretary of the Army shall prepare and submit to Congress— (1) for each year in which the deviation is being carried out under this section, annual reports that describe the data compiled under subsection (c)(2); and (2) at the end of the period described in subsection (a), a final, cumulative report that summarizes the data obtained during that period. 6. National Academy of Sciences study (a) In general Not later than 60 days after the date of enactment of this Act, the Secretary of the Army and the Secretary shall enter into an arrangement with the National Academy of Sciences to carry out a study on water and reservoir management and operation issues along the Rio Grande (including the Heron, El Vado, Abiquiu, Cochiti, Jemez Canyon, Elephant Butte, and Caballo Dams and Reservoirs), which shall include— (1) an evaluation of existing Rio Grande reservoir authorizations and legal requirements; (2) a summary of— (A) the physical-hydrologic understanding of existing Rio Grande reservoir operations; and (B) any potential constraints on the Rio Grande reservoir in light of climate change projections; (3) an identification of opportunities to optimize water management to benefit the Rio Grande ecosystem, irrigators and municipal users, and to promote water conservation through reauthorization of, reoperation of, or physical improvements to the reservoirs; (4) an evaluation of the physical-hydrologic feasibility of the identified future reservoir management scenarios; (5) an identification of water use, supply, and accounting impacts to other stakeholders in the State; (6) consideration of operations such as— (A) the storage of supplemental water acquired by and under the control of the Bureau of Reclamation; (B) the carryover storage of San Juan-Chama Project contract water and Pueblo Prior and Paramount operation water; (C) changes in timing of water released to offset municipal pumping; (D) changes in the timing of storage and release of floodwaters; (E) the reduction of evaporative losses from reservoirs; (F) conservation of water resulting from irrigation operation changes; (G) the impacts of deliveries of New Mexico Rio Grande Compact water; (H) the impacts of management and operations on recreation and hydropower; (I) the impacts of management and operations on the Rio Grande ecosystem and the habitats that support species listed under the Endangered Species Act of 1973 (J) any other factors the Academy determines to be necessary for purposes of fully evaluating opportunities to achieve greater water conservation, drought resiliency, and ecological health; and (7) recommendations for future management scenarios and measures that Congress should take to assist the agencies in establishing more flexible operating procedures to improve the performance of reservoir operations in accommodating multiple purposes. (b) Cosponsors The Secretary of the Army and the Secretary may solicit cosponsors for the study under subsection (a), as appropriate, including State or private organizations. (c) Public availability of study On the date on which the National Academy of Sciences completes the study under this section, the National Academy of Sciences shall make available to the public the results of the study. (d) Report Not later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Secretary of the Army and the Secretary a report that contains a summary of the results of the study conducted under this section. (e) Due deference The Secretary of the Army and the Secretary shall provide for due deference to the study and report prepared under this section in water management activities undertaken by the Secretary of the Army and the Secretary in the Rio Grande. 7. Emergency funding (a) Financial assistance (1) In general Financial assistance may be made available under the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2201 et seq. 16 U.S.C. 3801 et seq. (2) Additional availability Financial assistance may be made available under this section to organizations and entities, including tribal governments, that are engaged in collaborative processes to restore the environment or are part of a basin-wide solution for restoration. (b) Types of assistance Assistance under subsection (a) shall include a range of projects, including— (1) the installation of pumps, temporary barriers, or operable gates for water diversion and fish protection; (2) the installation of drought-relief groundwater wells for Indian tribes and in wildlife refuges and other areas; (3) the acquisition or assistance in the acquisition of water from willing sellers to enhance stream flow for the benefit of fish and wildlife (including endangered species), water quality, river ecosystem restoration, and other beneficial purposes; (4) agricultural and urban conservation and efficiency projects providing multiple water supply benefits; (5) exchanges with any water district willing to provide water to meet the emergency water needs of other water districts in return for the delivery of equivalent quantities of water later that year or in future years; (6) maintenance of cover crops to prevent public health impacts from severe dust storms; (7) emergency pumping projects for critical health and safety purposes; (8) activities to reduce water demand consistent with a comprehensive program for environmental restoration and settlement of water rights claims; (9) the use of new or innovative on-farm water conservation technologies or methods that may— (A) assist in sustaining permanent crops in areas with severe water shortages; and (B) make water available for other beneficial uses; (10) activities that protect, restore, or enhance fish and wildlife habitat or otherwise improve environmental conditions, including water quantity or quality concerns and improved fish passage; (11) activities reducing or preventing groundwater depletion or promoting groundwater recharge; (12) technical assistance to improve existing irrigation practices to provide water supply benefits; (13) the investigation of, and pilot projects for, brackish water development and aquifer storage and recovery; (14) the lining of irrigation ditches and canals to reduce water loss and improve efficiency; (15) assistance to municipal water management entities for water supply planning in preparation for and in response to dry, critically dry, and below normal water years, including— (A) hydrological forecasting; (B) identification of alternative water supply sources; and (C) guidance on potential water transfer partners; and (16) any other assistance the Secretary determines to be necessary to increase available water supplies, maintain the health of river ecosystems, or mitigate drought impacts. 8. Secure Water Act reauthorization Section 9504 of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364 (1) in subsection (a)— (A) in paragraph (1)(H)— (i) in clause (i), by striking or (ii) in clause (ii), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (iii) to plan for or address the impacts of drought. ; and (B) in paragraph (3)(E), by adding at the end the following: (v) Authority of commissioner The Commissioner of Reclamation may, at the discretion of the Commissioner— (I) waive any cost-share requirements to address emergency drought situations; (II) prioritize projects based on the ability of the projects— (aa) to expeditiously yield multiple water supply benefits during periods of drought; or (bb) to prevent any other immediate water-related crisis or conflict; and (III) give priority to projects demonstrating innovative conservation tools or methods that balance instream and out-of-stream water supply needs, including water conservation and water marketing. ; and (2) in subsection (e), by striking $200,000,000 $300,000,000 9. Reclamation States Emergency Drought Relief Act reauthorization Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 (1) by striking $90,000,000 $190,000,000 (2) by striking 2012 2018 10. Rio Grande Pueblo irrigation infrastructure reauthorization Section 9106 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (1) in subsection (c)(4), by striking 2 years after the date of enactment of this Act December 31, 2016 (2) in subsection (g)(2)— (A) by striking $6,000,000 $12,000,000 (B) by striking 2010 through 2019 2015 through 2024 11. Regional conservation partnership program The Secretary of Agriculture may allocate financial assistance made available under subtitle I of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3871 et seq. (1) mitigating the effects of drought on agricultural production and the environment; (2) improving water quality and quantity, including reducing groundwater depletion; (3) restoring, enhancing, and preserving fish and wildlife habitat; and (4) promoting innovative and collaborative conservation tools and approaches. 12. Conservation reserve program (a) Conservation priority areas Section 1231(f) of the Food Security Act of 1985 ( 16 U.S.C. 3831(f) (1) in paragraph (2), by striking or , water quantity, or habitat impacts related to agricultural production activities. (2) in paragraph (3), by striking or , water quantity, or habitat impacts related to agricultural production activities. (3) in paragraph (4), by striking water quality and habitat benefits water quality, water quantity, and habitat benefits (b) Special conservation reserve enhancement program Section 1234(g)(2)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3834(g)(2)(B) , including improving water conservation and drought mitigation 13. Effect on State law (a) In general An action taken by any of the Secretaries or other entity under this Act or an amendment made by this Act shall comply with applicable State laws in effect on the date of enactment of this Act, including a law described in subsection (b). (b) State law Nothing in this Act or an amendment made by this Act affects, is intended to affect, or interferes with a law of the State relating to the control, appropriation, use, or distribution of water, or any vested right acquired under the law.

New Mexico Drought Relief Act of 2014

Medical Bankruptcy Fairness Act of 2014 - Amends federal bankruptcy law to cite circumstances under which a medically distressed debtor may elect to exempt from the property of the estate in bankruptcy up to $250,000 of the debtor's aggregate interest in: (1) specified real or personal property that the debtor (or debtor's dependent) uses as a residence, (2) a cooperative that owns the property used as a residence by the debtor or a dependent of the debtor, or (3) a burial plot for the debtor or debtor's dependent. Applies the same election to certain other property of a medically distressed debtor, including certain retirement funds held in a tax-exempt account. Declares inapplicable to a medically distressed debtor: (1) certain presumptions that granting relief under Chapter 7 would constitute abuse of Chapter 7, and (2) mandatory court disapproval of a debtor's plan under chapter 13 upon objection by the trustee or the holder of an allowed unsecured claim. Waives the credit counseling prerequisite for filing for debt relief in the case of a medically distressed debtor. Permits a medically distressed debtor to discharge in bankruptcy debts for certain educational loans. Requires a debtor who seeks relief as a medically distressed debtor to attest in writing, and under penalty of perjury, that debtor's medical expenses are genuine, and are not specifically incurred to bring the debtor within the meaning of "medically distressed debtor."

113 S2471 IS: Medical Bankruptcy Fairness Act of 2014 U.S. Senate 2014-06-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2471 IN THE SENATE OF THE UNITED STATES June 12, 2014 Mr. Whitehouse Ms. Warren Committee on the Judiciary A BILL To amend title 11 of the United States Code to provide bankruptcy protections for medically distressed debtors, and for other purposes. 1. Short title This Act may be cited as the Medical Bankruptcy Fairness Act of 2014 2. Definitions (a) In general Section 101 of title 11, United States Code, is amended— (1) by inserting after paragraph (39A) the following: (39B) The term medical debt (A) as a result of the diagnosis, cure, mitigation, or treatment of injury, deformity, or disease of an individual; or (B) for services performed by a medical professional in the prevention of disease or illness of an individual. (39C) The term medically distressed debtor (A) a debtor who, during the 3 years before the date of the filing of the petition— (i) incurred or paid aggregate medical debts for the debtor, a dependent of the debtor, or a nondependent parent, grandparent, sibling, child, grandchild, or spouse of the debtor that were not paid by any third-party payor and were greater than the lesser of— (I) 10 percent of the debtor’s adjusted gross income (as such term is defined in section 62 (II) $10,000; (ii) did not receive domestic support obligations, or had a spouse or dependent who did not receive domestic support obligations, of at least $10,000 due to a medical issue of the person obligated to pay that would cause the obligor to meet the requirements under clause (i) or (iii), if the obligor was a debtor in a case under this title; or (iii) experienced a change in employment status that resulted in a reduction in wages, salaries, commissions, or work hours or resulted in unemployment due to— (I) an injury, deformity, or disease of the debtor; or (II) care for an injured, deformed, or ill dependent or nondependent parent, grandparent, sibling, child, grandchild, or spouse of the debtor; or (B) a debtor who is the spouse of a debtor described in subparagraph (A). . (b) Conforming amendments Section 104 (1) in subsection (a), by inserting 101(39C)(A), 101(19)(A), (2) in subsection (b), by inserting 101(39C)(A), 101(19)(A), 3. Exemptions (a) Exempt property Section 522 (r) (1) If a medically distressed debtor exempts property listed in subsection (b)(2), the debtor may, in lieu of the exemption provided under subsection (d)(1), elect to exempt the debtor's aggregate interest, not to exceed $250,000 in value, in property described in paragraph (3) of this subsection. (2) If a medically distressed debtor exempts property listed in subsection (b)(3) and the exemption provided under applicable law specifically for the kind of property described in paragraph (3) is for less than $250,000 in value, the debtor may elect to exempt the debtor's aggregate interest, not to exceed $250,000 in value, in any such property. (3) The property described in this paragraph is— (A) real property or personal property that the debtor or a dependent of the debtor uses as a residence; (B) a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence; or (C) a burial plot for the debtor or a dependent of the debtor. . (b) Conforming amendments Section 104 (1) in subsection (a), by inserting 522(r), 522(q), (2) in subsection (b), by inserting 522(r), 522(q), 4. Waiver of administrative requirements (a) Case under chapter 7 Section 707(b) (8) Paragraph (2) does not apply in any case in which the debtor is a medically distressed debtor. . (b) Case under chapter 13 Section 1325(b)(1) (1) in subparagraph (A), by striking or (2) in subparagraph (B), by striking the period at the end and inserting ; or (3) by adding at the end the following: (C) the debtor is a medically distressed debtor. . 5. Credit counseling Section 109(h)(4) of title 11, United States Code, is amended by inserting a medically distressed debtor or apply with respect to 6. Student loan undue hardship Section 523(a)(8) the debtor is a medically distressed debtor or excepting 7. Attestation by debtor Section 521 (k) If the debtor seeks relief as a medically distressed debtor, the debtor shall file a statement of medical expenses relevant to the determination of whether the debtor is a medically distressed debtor, which statement shall declare under penalty of perjury that such medical expenses were not incurred for the purpose of bringing the debtor within the meaning of the term medically distressed debtor. . 8. Effective date; application of amendments (a) Effective date Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Application of amendments The amendments made by this Act shall apply only with respect to cases commenced under title 11, United States Code, on or after the date of enactment of this Act.

Medical Bankruptcy Fairness Act of 2014

International Human Rights Defense Act of 2014 - Directs the Secretary of State to establish in the Department of State's Bureau of Democracy, Human Rights, and Labor a Special Envoy for the Human Rights of LGBT Peoples who shall: (1) direct U.S. government efforts regarding human rights abuses against the LGBT community internationally and the advancement of human rights for LGBT (lesbian, gay, bisexual, or transgender) people in U.S. foreign policy, and (2) represent the United States internationally in bilateral and multilateral engagement on these matters. Directs the Special Envoy to develop or update annually for six years a U.S. global strategy to prevent and respond to discrimination and violence against LGBT people. Authorizes the Secretary and the Administrator of the U.S. Agency for International Development (USAID) to provide assistance to prevent and respond to discrimination and violence against LGBT people.

113 S2472 IS: International Human Rights Defense Act of 2014 U.S. Senate 2014-06-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2472 IN THE SENATE OF THE UNITED STATES June 12, 2014 Mr. Markey Mr. Schumer Mrs. Murray Mrs. Boxer Mr. Cardin Mr. Murphy Ms. Baldwin Ms. Warren Mr. Merkley Mrs. Gillibrand Ms. Cantwell Mr. Blumenthal Mr. Whitehouse Ms. Hirono Mr. Durbin Mr. Brown Mr. Leahy Mr. Schatz Mr. Wyden Mr. Booker Mr. Coons Mrs. Feinstein Ms. Mikulski Mr. Franken Mrs. Shaheen Committee on Foreign Relations A BILL To establish in the Bureau of Democracy, Human Rights, and Labor of the Department of State a Special Envoy for the Human Rights of LGBT Peoples. 1. Short title This Act may be cited as the International Human Rights Defense Act of 2014 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Gender identity The term gender identity (3) LGBT The term LGBT (4) Sexual orientation The term sexual orientation 3. Findings Congress makes the following findings: (1) Eighty-two countries prohibit the public support of the LGBT community, promote homophobia across society, or criminalize homosexuality. That is equal to more than 40 percent of United Nations Member States. (2) In seven countries, homosexuality is a crime that is punishable by death. (3) Around the world, LGBT people face discrimination, hatred, violence, and bigotry. (4) Violence and discrimination based on sexual orientation and gender identity are documented in the Department of State’s annual Human Rights Report to Congress. The 2013 report continues to show a clear pattern of increased human rights violations in every region of the world based on sexual orientation and gender identity. These violations include murder, rape, torture, death threats, extortion, imprisonment, as well as loss of employment, housing, access to health care, and other forms of societal stigma and discrimination. The report further documents growing LGBT-specific restrictions on basic freedoms of assembly, press, and speech in every region of the world. (5) In Jamaica and other countries, discrimination against LGBT people, including corrective rape (6) In 2013, the Government of the Russian Federation and others in the region passed laws banning Homosexual Propaganda (7) In February 2014, the Government of Uganda adopted a law that makes aggravated homosexuality (8) In December 2013, the Government of Nigeria adopted a law further criminalizing homosexuality. The law also criminalizes supporting LGBT people in any way, endangering the neighbors, friends, doctors, and landlords of LGBT people. (9) The anti-homosexuality laws in Nigeria and Uganda potentially endanger all LGBT individuals in those countries. In addition, international HIV workers could be at risk since the study and treatment of at-risk populations may constitute support for LGBT people. (10) On December 6, 2011, President Barack Obama released the Presidential Memorandum—International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons. The memorandum directed all Federal agencies engaged abroad to ensure that United States diplomacy and foreign assistance promote and protect the human rights of LGBT persons. (11) Secretary of State John Kerry has announced that the United States Government will review United States diplomatic relationships with Nigeria and Uganda in light of passage of their recent anti-LGBT laws. On March 23, 2014, the Department of State announced that the United States Government would cut $6,400,000 in funding for the Interreligious Council of Uganda because of its support for the Anti-Homosexuality Act, halt a survey designed to minimize the spread of HIV/AIDS because of potential harm to respondents, impose short-term travel bans on Ugandan military officials, and halt some joint military exercises with the military of Uganda. (12) In December 2013, the Supreme Court of India reversed a lower court ruling and reinstated the criminalization of homosexuality in the second most populous nation on Earth. In April 2014, India’s Supreme Court recognized transgender people as a third gender, improving the legal rights of transgender people in that country. Given these two court decisions, the degree of human rights protections for LGBT persons in India is uncertain. (13) Removing institutionalized discrimination and targeted persecution against LGBT people around the world is a critical step in the promotion of human rights and global health internationally. (14) According to the Trans Murder Monitoring Project, which monitors homicides of transgender individuals, 238 transgender persons were killed between November 2012 and November 2013 worldwide. (15) According to the International Guidelines on HIV/AIDS and Human Rights, as published by the United Nations High Commissioner for Human Rights, countries should review and reform criminal laws and correctional systems to ensure that they are consistent with international human rights obligations and are not misused in the context of HIV or targeted against vulnerable groups. 4. Statement of policy It is the policy of the United States— (1) to take effective action to prevent and respond to discrimination and violence against all people on any basis internationally, including sexual orientation and gender identity, and that human rights policy include attention to hate crimes and other discrimination against LGBT people; (2) to systematically integrate and coordinate efforts to prevent and respond to discrimination and violence against LGBT people internationally into United States foreign policy; (3) to support and build local capacity in countries around the world, including of governments at all levels and nongovernmental organizations, to prevent and respond to discrimination and violence against LGBT people internationally; (4) to consult, cooperate, coordinate, and collaborate with a wide variety of nongovernmental partners with demonstrated experience in preventing and responding to discrimination and violence against LGBT people internationally, including faith-based organizations and LGBT-led organizations; (5) to employ a multisectoral approach to preventing and responding to discrimination and violence against LGBT people 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 discrimination and violence against LGBT people internationally; (7) to enhance training by United States personnel of professional foreign military and police forces and judicial officials to include appropriate and thorough LGBT-specific instruction on preventing and responding to discrimination and violence based on sexual orientation and gender identity; (8) to engage non-LGBT people as allies and partners, as an essential element of making sustained reductions in discrimination and violence against LGBT people; (9) to require that all Federal contractors and grant recipients in the United States Government's international programs establish appropriate policies and take effective measures to ensure the protection and safety of their staff and workplace, including from discrimination and violence directed against LGBT people and those who provide services to them; (10) to exert sustained international leadership to prevent and respond to discrimination and violence against LGBT persons, including in bilateral and multilateral fora; (11) to fully implement and expand upon the policies outlined in the Presidential Memorandum—International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons; (12) to ensure that international efforts to combat HIV/AIDS take all appropriate measures to support at-risk communities, including LGBT persons, and to create enabling legal environments for these communities; (13) to work with governments and nongovernmental partners around the world to develop and implement regional strategies to decriminalize homosexuality and to counteract the prohibition of public support of the LGBT community; and (14) to ensure that those who have a well-founded fear of persecution on account of being LGBT or supporting LGBT rights have the opportunity to seek protection in the United States. 5. Special Envoy for the human rights of LGBT people (a) Establishment The Secretary of State shall establish in the Bureau of Democracy, Human Rights, and Labor (DRL) of the Department of State a Special Envoy for the Human Rights of LGBT Peoples (in this section referred to as the Special Envoy (b) Purpose In addition to the duties described in subsection (c) and those duties determined by the Secretary of State, the Special Envoy shall direct efforts of the United States Government as directed by the Secretary regarding human rights abuses against the LGBT community internationally and the advancement of human rights for LGBT people in United States foreign policy, and shall represent the United States internationally in bilateral and multilateral engagement on these matters. (c) Duties (1) In general The Special Envoy— (A) shall direct activities, policies, programs, and funding relating to the human rights of LGBT people and the advancement of LGBT equality initiatives internationally, for all bureaus and offices of the Department of State and shall lead the coordination of relevant international programs for all other Federal agencies; (B) shall represent the United States in diplomatic matters relevant to the human rights of LGBT people, including discrimination and violence against LGBT people internationally; (C) shall direct, as appropriate, United States Government resources to respond to needs for protection, integration, resettlement, and empowerment of LGBT people in United States Government policies and international programs, including to prevent and respond to discrimination and violence against LGBT people internationally; (D) shall design, support, and implement activities regarding support, education, resettlement, and empowerment of LGBT people internationally, including for the prevention and response to discrimination and violence against LGBT people internationally; (E) shall lead interagency coordination between the foreign policy priorities related to the human rights of LGBT people and the development assistance priorities of the LGBT Coordinator of the United States Agency for International Development; (F) shall conduct regular consultation with civil society organizations working to prevent and respond to discrimination and violence against LGBT people internationally; (G) shall ensure that programs, projects, and activities designed to prevent and respond to discrimination and violence against LGBT people 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 international programs in Federal agencies; (H) shall serve as the principal advisor to the Secretary of State regarding human rights for LGBT people internationally; and (I) is authorized to represent the United States in diplomatic and multilateral situations on matters relevant to the human rights of LGBT people, including discrimination and violence against LGBT people internationally. (2) Data repository The Bureau of Democracy, Human Rights, and Labor shall— (A) be the central repository of data on all United States programs, projects, and activities that relate to prevention and response to discrimination and violence against LGBT people; and (B) produce— (i) a full accounting of United States Government spending on such programs, projects, and activities; and (ii) evaluations of the effectiveness of implemented programs. 6. Briefings and assessments Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Special Envoy shall brief the appropriate congressional committees on the status of the human rights of LGBT people internationally, as well as the status of programs and response strategies to address LGBT discrimination and violence against LGBT people internationally, 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. 7. United States policy to prevent and respond to discrimination and violence against LGBT people 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 Special Envoy shall develop or update a United States global strategy to prevent and respond to discrimination and violence against LGBT people globally. The strategy shall be transmitted to the appropriate congressional committees and, if practicable, made available to the public. (b) Initial strategy For the purposes of this section, the Presidential Memorandum—International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons, issued December 6, 2011, shall be deemed to fulfill the initial requirement of subsection (a). (c) Reporting In accordance with paragraph (13) of section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)), as added by section 9(b), the Annual Report on Human Rights Practices shall include detailed descriptions of nations that have adopted laws or constitutions that discriminate against LGBT people. (d) Collaboration and coordination In developing the strategy under subsection (a), the Special Envoy shall consult with— (1) the heads of relevant Federal agencies; and (2) representatives of civil society, multilateral, and private sector organizations with demonstrated experience in addressing discrimination and violence against LGBT people or promoting equal rights for LGBT people internationally. 8. Implementation of the United States strategy to prevent and respond to LGBT discrimination and violence against the LGBT community globally 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 discrimination and violence against LGBT people internationally, including the following activities: (1) Development and implementation of programs, such as the Global Equality Fund, that respond to human rights abuses and economic exclusion of LGBT people in the workplace and in public. (2) Development and enforcement of civil and criminal legal and judicial sanctions, protection, training, and capacity. (3) Enhancement of the health sector capacity to detect, prevent, and respond to violence against the LGBT community and to combat HIV/AIDS in the LGBT community internationally, in close coordination with the Office of the Global AIDS Coordinator. (4) Development of a leadership program for international LGBT activists that will foster collaboration and knowledge sharing across the world. 9. Monitoring the United States strategy to prevent and respond to discrimination and violence against the LGBT community globally (a) In general In each strategy submitted under section 7(a), the Special Envoy shall include an analysis of best practices for preventing and addressing discrimination and violence against LGBT people 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 discrimination and violence against LGBT people; (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 discrimination and violence against LGBT people internationally. (b) Information required To be included in human rights practices report Section 116(d) ( 22 U.S.C. 2151n(d) (1) in paragraph (11)(C), by striking ; and (2) in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (13) wherever applicable, the nature and extent of discrimination and violence based on sexual orientation and gender identity. .

International Human Rights Defense Act of 2014

Wireless Innovation Act of 2014 - Amends the National Telecommunications and Information Administration Organization Act to require the Secretary of Commerce to report to the President and Congress with recommendations to reallocate a span of at least 200 megahertz of spectrum, located below 5 gigahertz, from federal government use to: (1) commercial use on an exclusive, licensed basis; (2) unlicensed use to protect licensed services from harmful interference; and (3) shared use between federal government stations and non-federal stations. Requires the Federal Communications Commission (FCC) to begin auctioning specified amounts of such spectrum beginning not later than December 31, 2018, and to continue such auctions at 18-month intervals according to a staggered schedule. Authorizes the Director of the Office of Management and Budget (OMB) to use a percentage of the proceeds from the first auction to pay federal entities to: (1) conduct feasibility analyses regarding the potential future reallocation of additional spectrum from federal use to exclusive non-federal use or shared use; and (2) develop efficiency guidelines to increase the flexibility of federal spectrum-dependent systems through multiple-band tuning capabilities, the use of commercial systems, and public-private partnerships. Amends the Communications Act of 1934 to establish a presumption under which an application to the FCC for the transfer of a construction permit or station license is deemed to be in the public interest, convenient, and necessary, unless the FCC acts to deny the application, if the application does not: (1) involve a broadcast, common carrier, aeronautical en route, or aeronautical fixed radio station license that is prohibited from being granted to or held by an alien or foreign corporation; (2) require a premerger notification and waiting period under the Clayton Act; and (3) concern a merger, acquisition, or takeover subject to review under the Defense Production Act of 1950. Requires applications qualifying for such presumption to be granted within 90 days after the FCC issues a public notice of the application. Directs federal agencies seeking a new or modified frequency assignment for a mobile or other radio service to submit to the Secretary and the OMB a report analyzing whether the federal agency could instead use commercial services, use an existing or already planned federal service, share with another federal agency, use unlicensed spectrum, or lease from commercial providers. Directs the National Telecommunications and Information Administration (NTIA) and the OMB to incorporate spectrum efficiency guidelines into budget and procurement processes. Requires NTIA to develop a framework for determining the annual economic opportunity cost of each specific federal spectrum band allocated for federal entities, with the value determined as if such spectrum were to be reallocated on a licensed basis to the highest commercial alternative use that currently does not have access to that spectrum. Requires federal entities assigned or allocated use of federal spectrum to: (1) report the opportunity cost of spectrum bands in budgets and annual financial statements; and (2) compare, every five years, the entity's spectrum opportunity cost to the projected costs of relocating, co-locating, leasing, or contracting out for spectrum activities.

113 S2473 IS: Wireless Innovation Act of 2014 U.S. Senate 2014-06-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2473 IN THE SENATE OF THE UNITED STATES June 12, 2014 Mr. Rubio Committee on Commerce, Science, and Transportation A BILL To reallocate Federal Government-held spectrum for commercial use, to promote wireless innovation and enhance wireless communications, and for other purposes. 1. Short title; table of contents (a) In general This Act may be cited as the Wireless Innovation Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; statement of policy. Sec. 3. Definitions. Sec. 4. Reallocation of Federal Government spectrum. Sec. 5. Spectrum pipeline. Sec. 6. Reallocation incentive. Sec. 7. Expediting routine secondary market transactions. Sec. 8. Analysis of spectrum requirements. Sec. 9. Federal spectrum transparency and value. 2. Findings; statement of policy (a) Findings Congress finds the following: (1) The United States is the global leader in wireless communications and broadband technologies, both of which are vital parts of daily life in the United States, key components of the national infrastructure of the United States, and a significant driver of the United States economy. (2) Wireless communications and broadband services have become critical for individuals to improve their economic well-being, businesses to compete in the 21st century, first responders to protect individuals in emergencies, and Federal agencies to service their missions, such as national defense. (3) Because of the proliferation of broadband connected wireless devices and consumer applications, the volume of data traffic traveling over wireless networks has been growing substantially, and with the pace of innovation accelerating, the demand for wireless data services will continue to increase exponentially. (4) The Council of Economic Advisors has concluded that the only feasible way to realize the full potential of wireless broadband is to make new spectrum available for wireless services, and considerable spectrum is underused or used in less economically valuable ways, and could be repurposed and reallocated for wireless broadband use. (5) If the United States does not make more spectrum available, scarcity of spectrum could lead to higher prices for wireless services, poor service quality, the inability of the United States to compete internationally, constrained mobile broadband growth, and ultimately, a drag on innovation and individual economic mobility. (6) The National Broadband Plan, created by the Federal Communications Commission, set a goal of making 500 megahertz of spectrum newly available for commercial mobile broadband use by 2020, including making 300 megahertz between 225 megahertz and 3.7 gigahertz newly available for mobile use within 5 years, and stated that reallocating this spectrum where possible for mobile broadband use should be a priority. (7) Reallocating and auctioning spectrum produces multiple benefits. A Federal licensee can upgrade to comparable or superior communications technology, an auction raises money for the United States Treasury, and taxpayers benefit from increased access to, and better use of, spectrum. (8) In addition to reallocating spectrum, the United States should pursue a comprehensive approach to spectrum policy that includes expanding the capacity of wireless networks, promoting secondary spectrum markets, expanding unlicensed networks and Wi-Fi systems, and increasing efficiency and transparency among Federal users. (9) The Federal Government, as the largest user of spectrum, must also promote the efficient use of spectrum resources, and the National Telecommunications and Information Administration must ensure that Federal agencies use this valuable public resource in the most efficient and effective manner possible. (10) The National Broadband Plan states that Federal spectrum users can be more efficient with the airwaves allocated to them by the National Telecommunications and Information Administration, especially as wireless needs and technology evolve over time. (b) Purpose The purpose of this Act is— (1) to pursue comprehensive solutions to expand mobile broadband and utilize wireless services and technologies to create jobs, grow the economy, and improve individual economic mobility; and (2) to ensure that the Federal Government— (A) utilizes its spectrum in the most efficient and effective way; and (B) repurposes spectrum for commercial use wherever possible. 3. Definitions In this Act: (1) Commission The term Commission (2) NIST The term NIST (3) NTIA The term NTIA 4. Reallocation of Federal Government spectrum Section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923) is amended by adding at the end the following: (m) Further reallocation report (1) Report required (A) In general Not later than 1 year after the date of enactment of this subsection, the Secretary shall prepare and submit to the President and Congress a report (referred to in this subsection as the reallocation report (i) that, in the aggregate, span not less than 200 megahertz; (ii) that are located below 5 gigahertz; (iii) that are not covered by the proceeding of the Commission in GN Docket No. 12–354; (iv) that, as of the date of submission of the reallocation report, are allocated on an exclusive or primary basis for Federal Government use; (v) from which Federal Government stations may be relocated pursuant to subsection (g) or for which Federal Government stations may be replaced by commercially available substitutes; (vi) that, as of the date of submission of the reallocation report or at any time during the 10-year period beginning on that date, may feasibly be made available for the uses described in subparagraph (B); (vii) the transfer of which from, or the sharing of which with, Federal Government use will not result in costs to the Federal Government, or losses of services or benefits to the public, that are excessive in relation to the benefits to the public that may be provided by non-Federal licensees; and (viii) that are most likely to have the greatest potential economic benefit to the United States if reallocated and licensed for non-Federal use. (B) Allocation of spectrum Of the spectrum described in subparagraph (A)— (i) 140 megahertz shall— (I) be allocated for commercial mobile use on an exclusive, licensed basis; and (II) be located below 3.7 gigahertz; (ii) not more than 20 megahertz may be allocated for unlicensed use if— (I) such use protects licensed services from harmful interference; and (II) the spectrum allocated for such use is located— (aa) in guard bands below 3.7 gigahertz— (AA) that are no larger than technically necessary to prevent harmful interference between licensed services outside the guard bands; and (BB) the unlicensed use of which does not cause harmful interference to licensed services; or (bb) between 3.7 gigahertz and 5 gigahertz; and (iii) not more than 40 megahertz may be shared with Federal Government stations if— (I) the President limits the assignment of the Federal Government stations so that the use of the spectrum by those stations is restricted by geographic area, by time, or by other means so as to guarantee that the continued use by those stations is substantially less than the use made by non-Federal stations; and (II) the operational sharing authorized under this clause is subject to— (aa) interference regulations prescribed by the Commission under section 305(a) of the 1934 Act; (bb) coordination procedures that the Commission and the Secretary shall jointly establish and implement to ensure against harmful interference; and (cc) the sharing arrangements in a transition plan applicable to the spectrum that the Technical Panel finds sufficient under subsection (h)(4). (C) Relocation of Federal Government stations; costs The Secretary shall include in the reallocation report— (i) recommendations for spectrum bands to which Federal Government stations may be relocated; and (ii) the costs, as determined by the Secretary in consultation with the Office of Management and Budget, of the relocation described in clause (i). (2) Direct discussions (A) In general The Secretary shall consult with the Federal Government users of the spectrum and work through established processes of the NTIA to encourage and provide opportunity for direct discussions among commercial representatives and Federal Government users of the spectrum to aid the Secretary in determining which frequencies to recommend for reallocation under this subsection. (B) Notice The Secretary shall provide notice to the public and the Commission of any discussion held under subparagraph (A), including the name of each business or other person represented in the discussion. (C) Representative of commission A representative of the Commission (and of the Secretary, at the election of the Secretary) may attend any discussion held under subparagraph (A). (D) Opportunity for comment Before the Secretary submits the reallocation report, the Secretary shall provide the public and the Commission with an opportunity to comment on the results of any discussion held under subparagraph (A). (3) Timetable for withdrawal or limitation of assignments (A) Recommended deadlines The Secretary shall include in the reallocation report a timetable that recommends effective dates by which the President shall— (i) withdraw the assignment to Federal Government stations of the frequencies specified in the reallocation report (other than the frequencies identified under paragraph (1)(B)(iii)); and (ii) in the case of the spectrum identified under paragraph (1)(B)(iii), limit the assignment of that spectrum to Federal Government stations as required under subclause (I) of that paragraph. (B) Absolute deadlines (i) In general Notwithstanding the effective dates recommended by the Secretary under subparagraph (A), not later than the date described in clause (ii) of this subparagraph, the President shall— (I) withdraw the assignment to Federal Government stations of the frequencies specified in the reallocation report (other than the frequencies identified under paragraph (1)(B)(iii)); and (II) in the case of the spectrum identified under paragraph (1)(B)(iii), limit the assignment to Federal Government stations as required under subclause (I) of that paragraph. (ii) Date The date described in this clause is the earlier of— (I) the date that is 3 years after the beginning of the auction of the frequencies specified in the reallocation report pursuant to section 309(j)(15)(C)(vii) of the 1934 Act; or (II) the date as of which— (aa) each Federal Government station has been relocated from the frequencies specified in the reallocation report (other than the frequencies identified under paragraph (1)(B)(iii)); and (bb) the assignment of the frequencies identified under paragraph (1)(B)(iii) to each Federal Government station has been limited as required under subclause (I) of that paragraph. (4) Department of Defense stations Section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 . 5. Spectrum pipeline (a) Deadline Section 309(j)(15)(C) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(15)(C) (vii) Deadlines for the auction of frequency bands under the Wireless Innovation Act of 2014 The Commission shall conduct an auction of— (I) 80 megahertz of the spectrum recommended for reallocation in the reallocation report under section 113(m) of the National Telecommunications and Information Administration Organization Act not later than December 31, 2018; (II) an additional 60 megahertz of the spectrum recommended for reallocation in the reallocation report described in subclause (I) not later than 18 months after the completion of the auction required under subclause (I); and (III) an additional 40 megahertz of the spectrum recommended for reallocation in the reallocation report described in subclause (I) not later than 18 months after the completion of the auction required under subclause (II). . (b) Regulations Not later than 6 months before the Commission commences each auction required under section 309(j)(15)(C)(vii) of the Communications Act of 1934, as added by subsection (a), the Commission shall promulgate regulations necessary to conduct the auction. (c) Technical and conforming amendment Section 6401(b)(2) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1451(b)(2)) is amended— (1) by striking subparagraph (C); and (2) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively. 6. Reallocation incentive (a) Definitions In this section— (1) the term Director (2) the term Federal entity 47 U.S.C. 923(l) (b) Deposit of proceeds Notwithstanding section 309(j)(8)(D) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8)(D) 47 U.S.C. 923(g)(2) 47 U.S.C. 928 (c) Payments for advance planning and enhanced spectrum efficiency (1) In general The Director, in consultation with the NTIA, may use the amount made available under subsection (b) to make payments to any Federal entity— (A) to conduct research and development, and operational, technical, cost, and schedule-feasibility analyses, regarding the potential future reallocation of additional spectrum from Federal use to exclusive non-Federal use or to shared use; and (B) to develop and incorporate spectrum efficiency guidelines and spectrally efficient advanced or unique technology or techniques into the budget and procurement processes of the Federal entity to facilitate the design and procurement of Federal spectrum-dependent systems that increase flexibility through means such as multiple-band tuning capabilities and the use of commercial systems as appropriate, including through public-private partnerships. (2) Conditions (A) Use of payment to estimate costs A Federal entity that receives a payment under subparagraph (A) of paragraph (1) to conduct the analyses described in that paragraph shall use the payment to estimate the costs specified in clauses (i) through (v) of section 113(g)(3)(A) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(3)(A) (B) Relocation or sharing costs The Director may not make a payment under paragraph (1) if the amount made available under subsection (b) is otherwise necessary to cover relocation or sharing costs (as defined in section 113(g)(3)) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(3) (C) Notification required The Director may not make a payment under paragraph (1) until 30 days after the date as of which the Director has notified the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives of the intent of the Director to make the payment. (D) Emission levels A Federal entity that receives a payment under paragraph (1) shall, to the extent possible, procure systems described in subparagraph (B) of that paragraph such that emission levels resulting from reasonable use of adjacent spectrum will not impair the functioning of the systems, consistent with any applicable radio receiver performance criteria and international obligations. (3) Annual report Each year, the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that— (A) describes each payment that the Director made to a Federal entity under this subsection during the preceding year; and (B) details how each Federal entity used each payment described in subparagraph (A). 7. Expediting routine secondary market transactions Section 310 of the Communications Act of 1934 ( 47 U.S.C. 310 (d) Assignment and transfer of construction permit or station license (1) In general (A) Application required No construction permit or station license, or any rights thereunder, shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation holding such permit or license, to any person except upon application to the Commission and upon finding by the Commission that the public interest, convenience, and necessity will be served thereby. (B) Action upon application Any application under subparagraph (A) shall be disposed of as if the proposed transferee or assignee were making application under section 308 for the permit or license in question; but in acting thereon the Commission may not consider whether the public interest, convenience, and necessity might be served by the transfer, assignment, or disposal of the permit or license to a person other than the proposed transferee or assignee. (2) Presumption An application to the Commission under paragraph (1) shall be deemed to be in the public interest, convenient, and necessary, and shall be granted not later than 90 days after the date on which the Commission issues a public notice of the application, unless the Commission acts to deny the application, if the application— (A) does not involve an entity described in subsection (b); (B) does not require premerger notification and waiting period under section 7a of the Clayton Act (15 U.S.C. 18a); and (C) is not a covered transaction under section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170). . 8. Analysis of spectrum requirements Section 104(d) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 903(d) (1) in paragraph (1)— (A) by striking In assigning (A) In general In assigning ; and (B) by adding at the end the following: (B) Required analysis Before the Secretary may assign frequencies for mobile radio services and other radio services, and subject to subparagraph (C), each Federal agency seeking a new or modified frequency assignment for a mobile service or other radio service shall submit to the Secretary and the Director of the Office of Management and Budget (referred to in this paragraph as the Director (i) whether the Federal agency may use commercial services for the operation of the service rather than obtain a new or modified frequency assignment consistent with national security, public safety and overall ability to reliably perform the Federal mission, including an explicit consideration of the cost of contracting for the commercial service against the cost of the agency operating on the new or modified frequency assignment; (ii) whether the proposed spectrum requirements of the Federal agency could— (I) use an existing or planned service operated by the Federal agency or another Federal agency; or (II) share a frequency allocation with an existing Federal agency, including the use of dynamic and opportunistic spectrum sharing; (iii) whether the Federal agency could— (I) use unlicensed spectrum; or (II) lease capacity from commercial providers; (iv) if the Federal agency cannot use a commercial or other Federal service, how much spectrum the Federal agency needs to operate the service; (v) whether the service requires a frequency assignment below 3 gigahertz; and (vi) whether, once the allocation is made, the Federal agency may share the spectrum with non-Federal users. (C) Review of analysis (i) In general The Secretary, in consultation with the Director and any Federal agency that the Secretary may determine appropriate, shall determine whether to grant a request of a Federal agency for a new or modified frequency assignment for a mobile service or other radio service. (ii) Alteration of allocation If the Secretary determines that a request described in clause (i) is better met through sharing frequencies or systems with another Federal agency, the Secretary, in consultation with the Director, the requesting Federal agency, the Federal agency with whom the requesting Federal agency will share systems or allocation, and any other Federal agency that the Secretary may determine appropriate, shall alter the previously granted allocation accordingly. (D) Budget and procurement processes (i) In general A Federal agency shall include spectrum efficiency when considering procurement of spectrum-dependent systems and hardware, as a technical requirement, an evaluation criterion for award, or both. (ii) Spectrum efficiency guidelines The NTIA and the Director shall develop and incorporate spectrum efficiency guidelines into budget and procurement processes. (iii) Purpose and content of guidelines The guidelines developed under clause (ii) shall— (I) facilitate, as appropriate, the design and procurement of systems that increase flexibility through means such as multiple-band tuning capabilities and the use of commercial systems; and (II) require, to the extent possible, procurement of Federal systems such that emission levels resulting from reasonable use of adjacent spectrum will not impair the functioning of such systems, consistent with any applicable radio receiver performance criteria and international obligations. (E) Transparency of Federal spectrum allocations (i) Public availability All requests for allocation made under this Act shall be published in the Federal Register. (ii) Database The NTIA shall maintain a database of all requests for allocation made under this Act that is searchable electronically and available to the public. (iii) Public comment permissible At the discretion of the Secretary, the Secretary may seek public comment on any requested allocation. (iv) National security protected Where necessary to protect the interests of national security, the Assistant Secretary shall redact a request for allocation made under this Act from the public. ; and (2) in paragraph (2), by striking The Secretary In addition to the circumstances described in paragraph (1)(C), the Secretary 9. Federal spectrum transparency and value (a) Analysis of economic opportunity cost (1) Development of framework Not later than 1 year after the date of enactment of this Act, the NTIA, in consultation with the Commission and the Director of the Office of Management and Budget, shall develop a framework for determining the annual economic opportunity cost of each specific Federal spectrum band assigned or otherwise allocated for use by Federal entities. (2) Scope The framework developed under paragraph (1) shall cover all federally allocated spectrum bands between 150 megahertz and 6000 megahertz, inclusive. (3) Goals The goals of the framework developed under paragraph (1) are— (A) to provide Federal entities with a sustained long-term signal of spectrum value to inform the spectrum management decisions of such entities; and (B) to provide the public with increased transparency about how Federal entities use a scarce physical resource. (4) Requirements The framework developed under paragraph (1) shall— (A) define the term opportunity cost (B) be updated, on an annual basis, to take into account observed market valuations from spectrum auctions, secondary spectrum trading, and other market indicators of spectrum value; (C) determine the opportunity costs borne by each Federal entity for each spectrum band that is entirely under the control of a single agency; and (D) determine the opportunity costs for spectrum assigned or otherwise allocated to Federal entities for both primary use and secondary use. (b) Report on opportunity costs Each Federal entity that has been assigned or otherwise allocated use of a Federal spectrum band shall report, as an off-budget item, the opportunity cost borne by the entity for each spectrum band the entity uses— (1) in the budget of the entity to be included in the budget of the United States Government submitted by the President under section 1105 (2) in the annual financial statement of the Federal entity required to be filed under section 3515 of title 31, United States Code. (c) Spectrum value analysis Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, each Federal entity that has been assigned or otherwise allocated use of a Federal spectrum band, or otherwise utilizes such spectrum, shall engage in an analysis comparing the opportunity cost of that spectrum, as such cost is determined by the framework developed by the NTIA under subsection (a), to the projected costs of the entity relocating to other government spectrum holdings, co-locating with other government agencies, leasing other non-Federal spectrum, or contracting out for its spectrum activities. (d) Spectrum technology study (1) In general Not later than 18 months after the date of enactment of this Act, and every 5 years thereafter, the Chief Technology Officer, in consultation with the Assistant Secretary of Commerce for Communications and Information and the Comptroller General of the United States, shall examine the technologies and equipment used by Federal entities operating on Federal spectrum allocations and determine if such technologies and equipment are the most spectrum-efficient available. (2) Certain determinations made If the results of any study required under paragraph (1) determine that the technologies and equipment of Federal entities operating on Federal spectrum allocations are not the most spectrum-efficient available, the Comptroller General shall determine— (A) what the costs would be to upgrade such systems to more up-to-date and readily available systems; (B) what benefits would be gained from upgrading, particularly any cost savings or increases in spectrum utilization efficiency; and (C) if there are any possible problems with upgrading to more up-to-date systems. (e) Spectrum opportunity cost and framework study (1) In general The Comptroller General of the United States, in consultation with the NTIA, shall— (A) conduct a review of the framework developed under subsection (a); (B) conduct a review of the reports required under subsection (b) and the processes that Federal entities use to evaluate the opportunity cost borne for each spectrum band the Federal entities use; and (C) make recommendations on how to improve such framework and reporting. (2) Report Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Comptroller General of the United States shall submit to the appropriate committees in Congress a report on the review and recommendations required under paragraph (1).

Wireless Innovation Act of 2014

Children in Families First Act of 2014 - Establishes within the Department of State the Office of Vulnerable Children and Family Security which shall: (1) support the implementation in foreign countries of child welfare laws and policies; and (2) address the gap in U.S. diplomacy, policy, and operations with respect to promoting appropriate, protective, and permanent family care for children living without families. States that the Office shall be headed by an Ambassador-at-Large who shall: (1) serve as a primary advisor to the Secretary of State and the President in all matters related to vulnerable children and family security in foreign countries; and (2) represent the United States in matters relevant to international child welfare, family preservation and reunification, and provision of permanent, safe parental care through kinship and domestic and intercountry adoption. Amends the Intercountry Adoption Act of 2000 to direct the Secretary of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), to carry out the functions prescribed by the Convention regarding the accreditation of U.S. adoption services providers. Establishes databases for internationally adopted children and adoption service providers. Transfers from the Secretary of State to the Field Operations Directorate of USCIS specified adoption-related functions, including accreditation of agencies and approval of persons to provide adoption services and oversight of provider investigations. Requires the Secretary of Homeland Security, through USCIS, to: (1) be responsible for processing and case-specific decision making on all intercountry adoption cases, (2) ensure that all intercountry adoption suitability and eligibility determinations of prospective adoptive parents are made in compliance with the Hague Adoption Convention, (3) ensure that all non-Convention adoption cases undergo specified preprocessing, and (4) be responsible for all case processing steps in Convention and non-Convention adoption petitions on behalf of children whom U.S. parents propose to immigrate to the United States. Establishes within the U.S. Agency for International Development (USAID) a Center of Excellence on Children in Adversity. Authorizes the President to provide assistance for programs in developing countries for nutrition, education, care, and protection of children. Requires: (1) the President to establish a system to monitor and evaluate the effectiveness of U.S. aid to children in adversity, and (2) USAID to carry out a priority country demonstration program implementing the (December 2012) Action Plan for Children in Adversity over a period of five years in at least six countries.

113 S2475 IS: Children in Families First Act of 2014 U.S. Senate 2014-06-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2475 IN THE SENATE OF THE UNITED STATES June 17, 2014 Ms. Landrieu Mr. Blunt Mr. Burr Mr. Casey Mr. Cochran Mr. Coons Mrs. Gillibrand Mr. Inhofe Mr. King Mr. Kirk Ms. Klobuchar Mr. Levin Mr. Markey Mrs. McCaskill Mr. Pryor Mr. Sanders Mr. Schumer Mrs. Shaheen Ms. Stabenow Mr. Thune Ms. Warren Mr. Wicker Committee on Foreign Relations A BILL To realign structures and reallocate resources in the Federal Government, in keeping with the core American belief that families are the best protection for children and the bedrock of any society, to bolster United States diplomacy and assistance targeted at ensuring that every child can grow up in a permanent, safe, nurturing, and loving family, and to strengthen intercountry adoption to the United States and around the world and ensure that it becomes a viable and fully developed option for providing families for children in need, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Children in Families First Act of 2014 (b) Table of contents The table of contents is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes. Sec. 3. Definitions. TITLE I—Realignment of certain international child welfare responsibilities and functions Sec. 101. Establishment of the Office of Vulnerable Children and Family Security in the Department of State. Sec. 102. Responsibilities of U.S. Citizenship and Immigration Services for accreditation of adoption service providers. Sec. 103. Transfer of functions and savings provisions. Sec. 104. Responsibilities of U.S. Citizenship and Immigration Services for adoption-related case processing. TITLE II—Annual reporting Sec. 201. Annual report on children living without families. Sec. 202. Country reports regarding severe forms of trafficking. TITLE III—Promotion of a comprehensive approach for children in adversity Sec. 301. Establishment of a USAID Center for Excellence for Children in Adversity. TITLE IV—Funding and effective dates Sec. 401. Authorization of appropriations. Sec. 402. Effective dates. 2. Findings; purposes (a) Findings Congress makes the following findings: (1) The people of the United States recognize and believe that children must grow up in permanent, safe, and nurturing families in order to develop and thrive. (2) Science proves that children, and particularly infants, living in impersonal, socially deprived institutions suffer lasting, and in many cases, irreversible damage, including— (A) reduced brain activity and brain size; (B) lower intelligence quotients; (C) serious behavioral and emotional problems; and (D) disturbed relationships with others. (3) Governments in other countries seek models that promote the placement of children who are living outside family care in permanent, safe, and nurturing families, rather than in foster care or institutions; but many governments lack the resources or infrastructure to adequately address this need. (4) Despite the good efforts of countless governments and nongovernmental organizations, millions of children remain uncounted and outside of the protection, nurturing care, permanence, safety, and love of a family. (5) No reliable data currently exists to define and document the number and needs of children in the world currently living without families, but available evidence demonstrates that there are millions of children in this situation needing immediate help. (6) The December 2012 Action Plan for Children in Adversity commits the United States Government to achieving a world in which all children grow up within protective family care and free from deprivation, exploitation, and danger. To effectively and efficiently accomplish this goal, it is necessary to realign the United States Government’s current operational system for assisting orphans and vulnerable children, and processing intercountry adoptions. (7) Significant resources are already dedicated to international assistance for orphans and vulnerable children, and a relatively small portion of these resources can be reallocated to achieve more timely, effective, nurturing, and permanent familial solutions for children living without families, resulting in fewer children worldwide living in institutions or on the streets, more families preserved or reunified, and increased domestic and international adoptions. (b) Purposes The purposes of this Act are— (1) to support the core American value that families are the bedrock of any society; (2) to protect the fundamental human right of all children to grow up within the loving care of permanent, safe, and nurturing families; (3) to address a critical gap in United States foreign policy implementation by adjusting the Federal Government’s international policy and operational structures so that seeking permanent families for children living without families receives more prominence, focus, and resources (through the reallocation of existing personnel and resources); (4) to harness the diplomatic and operational power of the United States Government in the international sphere by helping to identify and implement timely, permanent, safe, and nurturing familial solutions for children living without families, including refugee or stateless children, through effective implementation of the 3 principal objectives of the Action Plan on Children in Adversity; (5) to ensure that intercountry adoption by United States citizens becomes a viable and fully developed option for creating permanent families for children who need them; (6) to protect against abuses of children, birth families, and adoptive parents involved in intercountry adoptions, and to ensure that such adoptions are in the individual child’s best interests; and (7) to harmonize and strengthen existing intercountry adoption processes under United States law— (A) by ensuring that the same set of procedures and criteria govern suitability and eligibility determinations for prospective adoptive parents seeking to complete intercountry adoptions, whether or not the child is from a foreign state that is a party to the Hague Adoption Convention; and (B) by aligning the definitions of eligible child for Convention adoptions and non-Convention adoptions to the maximum extent possible. 3. Definitions In this Act: (1) Action plan on children in adversity The term Action Plan on Children in Adversity United States Government Action Plan on Children in Adversity: A Framework for International Assistance: 2012–2017 (2) Appropriate, protective, and permanent family care The term appropriate, protective, and permanent family care (A) provides physical and emotional support; (B) provides the child with a sense of belonging; and (C) generally involves full legal recognition of the child’s status as child of the parents and of the parents’ rights and responsibilities regarding the child. (3) Central authority The term central authority (4) Children in adversity The term children in adversity (A) who are younger than 18 years of age; (B) who live inside or outside of family care; and (C) whose safety, well-being, growth, and development are at significant risk due to inadequate care, protection, or access to essential services. (5) Convention adoption The term Convention adoption 42 U.S.C. 14902 (6) Convention country The term Convention country (7) Family The term family (A) the persons reside in the same house or living unit; or (B) the parent, legal custodian, or adult relative has a legal responsibility by blood, marriage, or legal order to support or care for the child. (8) Guardianship (A) In general The term guardianship (B) Permanent guardianship While some forms of guardianship are not truly permanent, the form of guardianship referred to and supported under this Act is permanent guardianship. (C) Kefala order A Kefala order issued by a country that follows traditional Islamic law does not qualify as an adoption under United States law, but may be a form of guardianship in some circumstances. (D) Family-like group homes Individual parent-child relationships in a small, family-like group home in which caretaking is provided only by 1 or more unpaid caretakers might, in some circumstances, qualify as a guardianship if legalized in that form. (E) Paid guardianship The term guardianship (9) Habitual residence determination The term habitual residence determination (10) Hague adoption convention The term Hague Adoption Convention (11) Institutional care The term institutional care (A) orphanages; (B) transit or interim care centers; (C) children’s homes; (D) children’s villages or cottage complexes; and (E) boarding schools used primarily for care purposes as an alternative to a children’s home. (12) Kinship care The term kinship care (A) means the full-time care, nurturing, and protection of children by relatives, members of their tribes or clans, godparents, stepparents, or any adult who has a kinship bond with a child, if such persons have the capacity and commitment to function as true parents for the child on a permanent basis; and (B) does not include paid kinship foster care, except in the case of children with disabilities. (13) Non-convention adoption The term non-Convention adoption (A) an adoption by United States parents of a child from a non-Convention country in accordance with subparagraph (F) of section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) (B) an adoption by United States parents of a child under the laws of the child’s country of origin (generally when the parents are living in the child’s country of origin and therefore able legally to complete a domestic adoption); or (C) in certain circumstances (generally with respect to relative adoptions or adoptions by dual national parents), an adoption by United States parents of a child from a Convention country if that country allows legal and valid adoptions to take place outside the scope of the Convention. (14) Non-convention country The term non-Convention country (15) Unparented children The term unparented children I Realignment of certain international child welfare responsibilities and functions 101. Establishment of the Office of Vulnerable Children and Family Security in the Department of State (a) Establishment There is established within the Department of State the Office of Vulnerable Children and Family Security (referred to in this Act as the VCFS (1) The development and implementation in foreign countries of child welfare laws, regulations, policies, best practices, and procedures in keeping with the goals articulated in the Action Plan for Children in Adversity, including— (A) the sound development of children through the integration of health, nutrition, and family support; (B) supporting and enabling families to care for children through family preservation, reunification, and support of kinship care, guardianship, and domestic and intercountry adoption; and (C) facilitating the efforts of national governments and partners to prevent, respond to, and protect children from violence, exploitation, abuse, and neglect. (2) Addressing the gap in United States Government diplomacy, policy, and operations with respect to promoting appropriate, protective, and permanent family care for children living without families by leading the development and implementation of policies that will ensure the timely provision of appropriate, protective, and permanent family care for children living without families, including refugee and stateless children, through the full continuum of permanence solutions, including family preservation and reunification, kinship care, guardianship, and domestic and intercountry adoption. (b) Ambassador-at-Large (1) Appointment The VCFS shall be headed by an Ambassador-at-Large, who shall be appointed by the President by and with the consent of the Senate. (2) Qualifications The Ambassador-at-Large shall— (A) have experience in the development of policies and systems and the implementation of programs that promote the goals of the Action Plan for Children in Adversity; (B) be knowledgeable of international child welfare, family permanence, and family creation through domestic and intercountry adoption; and (C) be committed to developing an integrated United States Government approach to international child welfare that places equal emphasis on— (i) early childhood survival and development; (ii) family permanence; and (iii) protection from abuse and exploitation. (3) Authority The Ambassador-at-Large shall report to the Under Secretary for Civilian Security, Democracy and Human Rights. (c) Functions (1) Advisory The Ambassador-at-Large shall serve as a primary advisor to the Secretary of State and the President in all matters related to vulnerable children and family security in foreign countries. (2) Diplomatic representation Subject to the direction of the President and the Secretary of State, and in consultation and coordination with the Senior Coordinator for Children in Adversity of the United States Agency for International Development, and the Secretary of Homeland Security, the Ambassador-at-Large shall represent the United States in matters relevant to international child welfare, family preservation and reunification, and provision of permanent, safe parental care through kinship, domestic and intercountry adoption in— (A) contacts with foreign governments, nongovernmental organizations, intergovernmental agencies, and specialized agencies of the United Nations and other international organizations of which the United States is a member; (B) multilateral conferences and meetings relevant to family preservation, reunification, and creating appropriate, protective, and permanent care for unparented children; and (C) fulfillment of the diplomatic responsibilities designated to the central authority under title I of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14911 et seq. (3) Policy development with respect to permanence for unparented children (A) In general The Ambassador-at-Large shall— (i) develop and advocate for policies and practices to ensure that children in foreign countries who are living without families find appropriate, protective, and permanent family care which is in the best interest of each child; (ii) give consideration to family preservation and reunification, kinship care, guardianship, and domestic and intercountry adoption; and (iii) seek to develop and implement policies that lead to the use of all options for providing appropriate, protective, and permanent family care to children living without families as quickly as possible. (B) Best interest determination In carrying out subparagraph (A), the Ambassador-at-Large shall give preference to options that optimize the best interests of children, including options which provide children with fully protected legal status as children and parents with full legal status as parents, including full parental rights and responsibilities. (C) Subsidiarity (i) In general All options for providing appropriate, protective, and permanent family care to children living without families must be considered concurrently and permanent solutions must be put in place as quickly as possible. Solutions include family preservation and reunification, kinship care, guardianship, domestic and intercountry adoption, and other culturally acceptable forms of care that will result in appropriate, protective, and permanent family care. Preference should be given to options that optimize the child’s best interests, which generally means options which provide children with fully protected legal status and parents with full legal status as parents, including full parental rights and responsibilities. The principle of subsidiarity, which gives preference to in-country solutions, should be implemented within the context of a concurrent planning strategy, exploring in- and out-of-country options simultaneously. If an in-country placement serving the child’s best interest and providing appropriate, protective, and permanent care is not quickly available, and such an international home is available, the child should be placed in that international home without delay. (ii) Interim placements Nothing in this subsection may be construed to preclude interim placements, including in kinship care, foster care, and small group homes, to temporarily improve children’s living conditions in individual circumstances in which— (I) a permanent solution is not immediately available if ongoing efforts are made to move the child from interim to permanent placement as soon as possible; and (II) the child’s best interests will be served. (iii) Exceptions Exceptions to the general rule set forth in clauses (i) and (ii) may be made, as needed in individual cases, to serve the child’s best interests, including the following: (I) Permanent guardianship may be preferable to adoption in certain cases where the child has developed a powerful bond to a loving guardian who prefers not to adopt because of the child’s ties to birth parents who love the child, but are not in a position to provide appropriate nurturing. (II) Options generally viewed as interim solutions, such as foster care and small group homes, may be preferable to family reunification when the parents are not in a position to provide appropriate nurturing. (III) For children with disabilities, solutions to prevent institutionalization and to assist with reintegration into the community from institutions, include payment and support to families, substitute families, small group homes, or kinship care. (D) Best practices In developing policies and programs under this Act, the Ambassador-at-Large shall identify and utilize evidence-based programs and best practices in family preservation and reunification and provision of permanent parental care through guardianship, kinship care, and domestic and intercountry adoption as derived from a wide variety of domestic, foreign, and global policies and practices. (E) Technical assistance The Ambassador-at-Large, in consultation with other appropriate Federal agencies, shall provide technical assistance to governments of foreign countries to help build their child welfare capacities, particularly pertaining to family-based permanence. Such assistance should aim to strengthen family preservation and reunification and the provision of appropriate, protective, and permanent family care through kinship care, guardianship, and domestic and intercountry adoption, including assistance with— (i) the drafting, disseminating, and implementing of legislation; (ii) the development of implementing systems and procedures; (iii) the establishment of public, private, and faith- and community-based partnerships; (iv) the development of workforce training for governmental and nongovernmental staff; and (v) infrastructure development and data collection techniques necessary to identify and document the number and needs of children living without appropriate, protective, and permanent family care. (4) Responsibilities with respect to intercountry adoption (A) In general The VCFS, in coordination with other offices of the Department of State and U.S. Citizenship and Immigration Services, shall have lead responsibility for representing the United States Government in discussions, negotiations, and diplomatic contacts pertaining to intercountry adoptions. (B) Central authority responsibility under the intercountry adoption act of 2000 Section 101(b)(2) of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14911(b)(2) Office of Children's Issues Office of Vulnerable Children and Family Security (C) Determinations of hague adoption convention compliance The VCFS, in consultation with other offices of the Department of State, and the Department of Homeland Security, shall have lead responsibility for determining whether a Convention partner country has met its obligations under the Hague Adoption Convention and is eligible to participate in intercountry adoptions in accordance with United States law. Such determinations shall be documented in writing, based on standardized criteria, and available for public review and comment. (D) Negotiation of bilateral agreements The VCFS, in consultation with the Secretary of Homeland Security, shall have lead responsibility for the negotiation of bilateral agreements with other countries pertaining to intercountry adoption and in conformity with the provisions of the Hague Adoption Convention when the other country is a Convention partner. (5) Policy coordination The Ambassador-at-Large shall coordinate with the Secretary of Homeland Security and the Administrator of the United States Agency for International Development to maintain consistency in United States foreign and domestic policy and operations with respect to children living outside family care in foreign countries, particularly those living without families. (6) Information coordination The Ambassador-at-Large shall transmit— (A) any intercountry adoption related case information received from the Central Authority of another Convention country to the Secretary of Homeland Security; and (B) any intercountry adoption related case information that the Secretary of Homeland Security requests to the Central Authority of another Convention country. 102. Responsibilities of U.S. Citizenship and Immigration Services for accreditation of adoption service providers (a) General responsibilities under the Intercountry Adoption Act of 2000 (1) In general The Intercountry Adoption Act of 2000 ( Public Law 106–279 42 U.S.C. 14913 103A. Responsibilities of the Department of Homeland Security (a) Accreditation and approval responsibilities The Secretary of Homeland Security, working through the Director of U.S. Citizenship and Immigration Services, shall carry out the functions prescribed by the Convention with respect to the accreditation of agencies and the approval of persons to provide adoption services in the United States in cases subject to the Convention as provided in title II. Such functions may not be delegated to any other Federal agency. (b) Investigations The Secretary of Homeland Security shall be responsible for managing and overseeing investigations related to the operation and services of adoption service providers, whether directly or indirectly. (c) Liaison with foreign governments on post-Placement reports and certain adoption cases The Secretary of Homeland Security shall serve as the liaison with foreign governments with respect to queries about required post-placement reports and about specific intercountry adoption cases once the adopted children are living in the United States, including queries about the status of adopted children who are living in the United States in cases involving allegations of abuse, neglect, abandonment, or death. . (2) Clerical amendment Section 1 of such Act is amended by inserting after the item relating to section 103 the following: Sec. 103A. Responsibilities of the Department of Homeland Security. . (3) Conforming amendments Section 102 of such Act ( 42 U.S.C. 14912 (A) in subsection (a), by striking The Secretary Except as provided for under section 103A, the Secretary (B) in subsection (b), by inserting , in coordination with the Secretary of Homeland Security, The Secretary (C) by striking subsection (c); (D) by redesignating subsections (d) and (f) as subsections (c) and (d), respectively; and (E) by striking subsection (e). (b) Accreditation responsibilities under the Intercountry Adoption Act of 2000 (1) Designation of accrediting agencies Section 202 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14922 of Homeland Security Secretary (2) Standards and procedures for providing accreditation or approval Section 203 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14923 of Homeland Security Secretary (3) Oversight of accreditation and approval Section 204 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14924 (A) by inserting of Homeland Security Secretary (B) in subsection (c)— (i) in paragraph (1), by amending the paragraph heading to read as follows: (4) Authority of the secretary of homeland security ; and (ii) in paragraph (2), by striking Secretary's debarment order debarment order of the Secretary of Homeland Security (4) Administrative provisions (A) Access to convention records Section 401(b) of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14941(b) (i) in paragraph (1), by inserting , the Director of U.S. Citizenship and Immigration Services, Secretary (ii) in paragraph (2), by inserting the Director of U.S. Citizenship and Immigration Services, Secretary, (B) Assessment of fees Section 403(b) of the Intercountry Adoption Act of 2000 (42 U.S.C. 14943(b)) is amended— (i) in paragraph (1)— (I) by inserting or the Director of U.S. Citizenship and Immigration Services Secretary (II) by inserting or U.S. Citizenship and Immigration Services, respectively, Department of State (ii) in paragraph (2), by inserting or U.S. Citizenship and Immigration Services appropriation, as the case may be, Department of State appropriation (c) Intercountry adoption functions of U.S. Citizenship and Immigration Services (1) Definitions In this subsection and in section 103: (A) Adoption service The term adoption service (B) Associate director The term Associate Director (C) Directorate Except as otherwise provided in this subsection, the term Directorate (2) Intercountry adoption functions The Associate Director shall carry out— (A) the functions described in section 103A(a) of the Intercountry Adoption Act of 2000, relating to accreditation of agencies and approval of persons to provide adoption services; (B) the functions described in section 103A(b) of such Act, relating to management and oversight of investigations related to the operation of such providers; and (C) the functions described in section 103A(c) of such Act, relating to liaison responsibilities regarding post-placement reports and certain adoption cases. (3) Informational responsibilities (A) Database on adoption service providers (i) In general The Associate Director shall establish and operate, in conjunction with the Secretary of State, a publicly accessible database of adoption service providers. (ii) Agreement The Associate Director, the Director, and the Secretary of State shall enter into an agreement under which the Director and the Secretary shall provide, for the database, data on intercountry adoption cases relating to adoption service providers. (iii) Contents The database shall include, with respect to each accredited agency and approved person, who is an adoption service provider individually, and to the aggregate of all adoption service providers— (I) information identifying such a provider; (II) information on the accreditation status of an agency, or the approval status of a person, as an adoption service provider; (III) information on the number of applications or petitions filed respecting adoption and the numbers of approvals and denials of the applications or petitions; (IV) the number of substantiated grievances filed with respect to an adoption service provider; and (V) a description of any sanctions an adoption service provider, or corrective actions that the provider is required to take to maintain accreditation or approval described in subclause (II). (B) Database on internationally adopted children (i) In general The Associate Director, in conjunction with the Secretary of State, shall establish and operate a database containing data respecting children involved in intercountry adoption cases who have immigrated to the United States. (ii) Information tracking Although the data available for adoptions finalized before the date of the enactment of this Act will likely be incomplete, the Associate Director should seek to import available data on all adoptions involving children who are younger than 18 years of age on the date of the enactment of this Act. In operating the database established under clause (i), the Associate Director shall track information about each such child before attaining United States citizenship, including— (I) information identifying a child and the adoptive or prospective adoptive parents, including— (aa) the full name of the child in the country of origin and the full name of the child after the adoption is finalized; (bb) the gender, date of birth, nationality, and citizenship of the child; (cc) the physical address of the child at the time of the adoption; (dd) the type of visa issued to the child; and (ee) the date on which the child entered the United States; (II) information on the particular adoption service provider, if any, providing services in the particular case; and (III) information on immigration or citizenship status of the child. (iii) Interagency agreement The Associate Director, the Director, and the Secretary of State shall enter into an agreement under which the Secretary of State shall provide, for the database, data on intercountry adoption cases concerning the adopted children, and the adoption service providers. 103. Transfer of functions and savings provisions (a) Definitions In this section, unless otherwise provided or contextually indicated— (1) the term Federal agency agency section 551(1) (2) the term function (3) the term office (b) Transfer of functions There are transferred to the Directorate, all functions described in section 103A(a) of the Intercountry Adoption Act of 2000, as added by section 102(a) of this Act, which were exercised by the Secretary of State before the date of the enactment of this Act (including all related functions of any officer or employee of the Department of State), including functions relating to— (1) the accreditation of agencies and approval of persons to provide adoption services; (2) the management and oversight of investigations related to the operation of such providers; and (3) liaison responsibilities with respect to required post-placement reports. (c) Determinations of certain functions by the Office of Management and Budget If necessary, the Director of the Office of Management and Budget shall make any determination with respect to the transfer of functions under subsection (b). (d) Personnel provisions (1) Appointments The Associate Director may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under this section. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code. (2) Experts and consultants The Associate Director may obtain the services of experts and consultants in accordance with section 3109 (e) Delegation and assignment Except where otherwise expressly prohibited by law or otherwise provided under this section— (1) the Associate Director may— (A) delegate any of the functions transferred to the Associate Director under this section and any function transferred or granted to the Associate Director after the date of the enactment of this Act to such officers and employees of the Directorate as the Associate Director may designate; and (B) authorize successive redelegations of such functions as may be necessary or appropriate; and (2) no delegation of functions by the Associate Director under this subsection or under any other provision of this section shall relieve such Associate Director of responsibility for the administration of such functions. (f) Reorganization The Associate Director is authorized— (1) to allocate or reallocate any function transferred under subsection (b) among the officers of the Directorate; and (2) to establish, consolidate, alter, or discontinue such organizational entities in the Directorate as may be necessary or appropriate. (g) Rules The Associate Director is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Associate Director determines necessary or appropriate to administer and manage the functions of the Directorate. (h) Transfer and allocations of appropriations and personnel Except as otherwise provided under this section and subject to section 1531 (i) Incidental transfers The Director of the Office of Management and Budget— (1) may, at such time or times as the Director may prescribe— (A) make such determinations as may be necessary with regard to the functions transferred under subsection (b); and (B) make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this section; and (2) shall provide for— (A) the termination of the affairs of all entities terminated under this section; and (B) such further measures and dispositions as may be necessary to carry out the purposes of this section. (j) Effect on personnel (1) In general Except as otherwise provided under this section, the transfer under this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation during the 1-year period beginning on the date of such transfer. (2) Executive schedule positions Except as otherwise provided under this section, any person who, on the day preceding the date of the enactment of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 (3) Termination of certain positions All positions whose functions are transferred under subsection (b) and whose incumbents have been appointed by the President, by and with the advice and consent of the Senate, shall terminate on the date of the enactment of this Act. (k) Savings provisions (1) Continuing effect of legal documents All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions which— (A) have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this section; and (B) are in effect on the date of the enactment of this Act, or were final before such date of enactment and are to become effective on or after the date of the enactment of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Associate Director or other authorized official, a court of competent jurisdiction, or by operation of law. (2) Proceedings not affected Nothing in this section may be construed to affect any proceeding, including a notice of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Department of State on the effective date of this section, with respect to functions transferred under subsection (b). Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph may be construed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (3) Suits not affected Nothing in this section may be construed to affect suits commenced before the date of the enactment of this Act. In all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. (4) Nonabatement of actions No suit, action, or other proceeding commenced by or against the Department of State, or by or against any individual in the official capacity of such individual as an officer of the Department of State, shall abate by reason of the enactment of this section. (5) Administrative actions relating to promulgation of regulations Any administrative action relating to the preparation or promulgation of a regulation by the Department of State relating to a function transferred under subsection (b) may be continued by the Directorate with the same effect as if this section had not been enacted. (l) Separability If a provision of this section or its application to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected. (m) Transition The Associate Director is authorized to utilize— (1) the services of such officers, employees, and other personnel of the Department of State with respect to functions transferred to the Directorate by this section; and (2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section. (n) References Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to— (1) the Secretary of State with regard to functions transferred under subsection (b), shall be deemed to refer to the Associate Director; and (2) the Department of State with regard to functions transferred under subsection (b), shall be deemed to refer to the Directorate. (o) Additional conforming amendments (1) Recommended legislation After consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, the Associate Director shall prepare and submit to Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this section. (2) Submission to congress Not later than 180 days after the date of the enactment of this Act, the Associate Director shall submit the recommended legislation referred to under paragraph (1) to Congress. 104. Responsibilities of U.S. Citizenship and Immigration Services for adoption-related case processing (a) In general The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services— (1) shall be responsible for processing and case-specific decisionmaking on all intercountry adoption cases (up to the point of application for an immigrant visa on behalf of the adopted child), including cases being processed pursuant to the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. (2) shall ensure that all intercountry adoption suitability and eligibility determinations of prospective adoptive parents required under subparagraph (F) or (G) of section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) (3) to the maximum extent possible, and to the extent permitted by the country in which the child resides, shall ensure that all non-Convention adoption cases undergo preprocessing, including— (A) the filing of a petition and the review of a child’s eligibility to immigrate to the United States before the adoption or grant of legal custody (for purposes of emigration and adoption in the United States) of that child is completed in the country of origin; and (B) the completion of all necessary and relevant investigations associated with the petition before the country of origin finalizes the adoption or grants legal custody for purposes of emigration and adoption in the United States; (4) except as provided in paragraph (5), shall be responsible for all case processing steps in Convention and non-Convention adoption petitions on behalf of children whom United States parents propose to immigrate to the United States (except for the processing of immigrant visas), including processing of all necessary Hague Adoption Convention certifications and the final adjudication of the immigration petitions; and (5) may delegate the responsibility for completing certain elements of case adjudication to the Secretary of State if the Department of Homeland Security— (A) cannot adequately complete such elements due to the need for physical presence in the country of origin or other processing-related circumstances; and (B) defines and monitors the parameters for the elements delegated to the Secretary of State and retains final decisionmaking authority. (b) Foreign adoption decrees (1) Convention countries The 2-year legal custody and joint residence requirements set forth in section 101(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1)(E) (A) an adoption decree issued by a competent authority (as such term is used in the Hague Adoption Convention) of the child’s country of origin and evidence that the adoption was granted in compliance with the Hague Adoption Convention; or (B) a custody or guardianship decree issued by the competent authority of the child’s country of origin to the adoptive parents, and a final adoption decree, verifying that the adoption of the child was later finalized outside the United States by the adoptive parents, in addition to evidence that the custody or guardianship was granted in compliance with the Hague Adoption Convention. (2) Substantial compliance with hague adoption convention Paragraph (1) shall not apply unless— (A) on the date on which the underlying adoption, custody, or guardianship decree was issued by the child’s country of origin— (i) that country’s adoption procedures complied with the requirements of the Hague Adoption Convention (as determined by the United States central authority); and (ii) the competent authority of the country of origin certified that the adoption is consistent with Article 23 of the Hague Adoption Convention; and (B) the adoption was a Convention adoption that was completed between 2 Convention countries other than the United States. (3) Non-convention countries The Secretary of Homeland Security may accept the filing of petitions on behalf of children living in non-Convention countries in the absence of a final adoption decree. (c) Cooperation with foreign governments The Secretary of Homeland Security may interact directly with the central authority of a Convention country or a competent authority of a non-Convention country, as appropriate— (1) to facilitate the processing of intercountry adoption cases, including making habitual residence determinations relevant to children and prospective adoptive parents in adoption proceedings; and (2) to negotiate, in coordination with the Department of State, and to implement bilateral agreements with respect to intercountry adoptions. (d) Amendments to the Intercountry Adoption Act of 2000 (1) Transfer of responsibilities to the Secretary of Homeland Security The Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. (A) by striking Attorney General Secretary of Homeland Security (B) in the heading of section 103, by striking Attorney General Secretary of Homeland Security (2) Hague convention certificates Section 301 of such Act ( 42 U.S.C. 14931 (A) in subsection (a)— (i) in the subsection heading, by striking Secretary of State Secretary of Homeland Security (ii) in the heading to paragraph (1), by striking Secretary of State Secretary of Homeland Security (B) by striking Secretary of State Secretary of Homeland Security (3) Clerical amendment The table of contents of such Act is amended by striking the item relating to section 103 and inserting the following: Sec. 103. Responsibilities of the Secretary of Homeland Security. . (e) Definition of child Section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is amended— (1) in subparagraph (E)— (A) in clause (i), by striking (i) a child adopted while under the age of sixteen years a child adopted while younger than 18 years of age (B) by striking clause (ii); (2) by amending subparagraph (F) to read as follows: (F) (i) a child, younger than 18 years of age at the time a petition is filed on the child's behalf to accord a classification as an immediate relative under section 201(b), and who has been adopted in a foreign state that is not a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague May 29, 1993, or who is emigrating from such a foreign state to be adopted in the United States by a United States citizen and spouse jointly, or by an unmarried United States citizen who is at least 25 years of age, if— (I) the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States; (II) the child’s natural parents (or parent, in the case of a child who has 1 sole or surviving parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child's emigration and adoption; (III) the child has a living parent or parents who has or have relinquished, or will relinquish, the child voluntarily for the purposes of intercountry adoption, and the parent or parents are incapable of providing proper care for the child; (IV) the Secretary of Homeland Security, after considering whether there is a petition pending to confer immigrant status on 1 or both natural parents, is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship, and the parent-child relationship of the child and the natural parents has been terminated; and (V) in the case of a child who has not been adopted— (aa) the competent authority of the foreign state has approved the child’s emigration to the United States for the purpose of adoption by the prospective adoptive parent or parents; and (bb) the prospective adoptive parent or parents has or have complied with any preadoption requirements of the child’s proposed residence; and (ii) except that no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; ; and (3) in subparagraph (G)— (A) in the matter preceding clause (i), by striking 16 18 (B) in clause (i)— (i) in subclause (II), by striking because of the death or disappearance of, abandonment or desertion by, the other parent (ii) in subclause (III), by striking two living natural parents, the natural parents are a living parent or parents, who have relinquished or will relinquish the child voluntarily for the purposes of intercountry adoption, the parent or parents are (C) in clause (ii), by striking ; or (D) by striking clause (iii). (f) Relative adoptions; waiver authority Section 502 of the Intercountry Adoption Act ( 42 U.S.C. 14952 (a) Authority To establish alternative procedures for adoption of children by relatives Not later than 2 years after the date of the enactment of the Children in Families First Act of 2014 (b) Waiver authority The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may waive, on a case-by-case basis, applicable requirements for meeting the definition of a child under subparagraph (E), (F), or (G) of section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) (1) the child substantially complies with the requirements under 1 of such subparagraphs; and (2) such a waiver would be in the child’s best interests. . (g) Determination of applicability of the Hague Adoption Convention in certain cases The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may determine, on a case-by-case basis, that a specific intercountry adoption case may proceed as a non-Convention adoption if— (1) the child’s country of origin or habitual residence is a Convention country; (2) the central authority of the child’s country of origin or habitual residence has issued, or will issue, an adoption decree which that country considers to be legal and valid under that country’s laws to the United States adoptive or prospective adoptive parents; and (3) the central authority of the child’s country of origin or habitual residence has informed the Secretary or the Director that it does not consider the specific case to fall within the scope of the Hague Adoption Convention. (h) Special use of parole authority (1) In general The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may grant parole to a child if the Secretary or the Director determines that— (A) the child’s circumstances indicate that immediate unification with the parties seeking parole is in the child’s best interests; (B) waiting to complete other, more time consuming immigration processing could be significantly harmful to the child’s well-being; (C) the party or parties seeking parole on behalf of the child— (i) have a pre-existing legal relationship with the child, as evidenced by an adoption decree or a custody order; or (ii) demonstrate a pre-existing relationship with the child and an intent to establish a legal relationship with the child, which may be evidenced by— (I) a familial relationship with the child; (II) a close personal relationship with the child, such as— (aa) being matched with the child for an international adoption by an adoption service provider or the competent authority of the child’s country of origin; or (bb) documentation showing that the child’s parents, if deceased or otherwise incapacitated and unable to provide proper care for the child, intended for the parties seeking parole to take custody of the child; or (III) the filing of adoption-related applications or petitions related to the adoption of the child; and (D) the child will receive proper care in the United States by the party or parties who seek parole on behalf of the child, based on a review of the suitability of the party or parties, which may include background check or completion of a home study conducted by a competent authority. (2) Meeting the 2-year periods for the purposes of filing an immediate relative petition on behalf of an adopted child If a child is granted parole under paragraph (1), is subsequently adopted by the parties who sought parole, and such parties seek permanent immigration status for the child under section 101(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(E))— (A) the 2-year period for legal custody of the child shall begin to accrue on the effective date of a grant of custody in the child’s country of origin or habitual residence or in the United States; (B) the 2-year period for physical custody of the child shall begin to accrue on the date on which the party or parties seeking parole for the child begin joint residence with the child, in the child’s country of origin or habitual residence or in the United States; and (C) the 2-year periods of joint residence and legal custody may accrue within or outside the United States. (i) Rulemaking The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of U.S. Citizenship and Immigration Services, shall issue regulations to carry out this section and the amendments made by this section. II Annual reporting 201. Annual report on children living without families (a) In general Not later than September 30, 2014, and annually thereafter, the Secretary of State, in consultation with the Director of the United States Agency for International Development and the Secretary of State, shall submit a report to the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (1) identifies the number of children living without families; and (2) describes the degree to which the various family permanence solutions are being utilized. (b) Content The report required under subsection (a) shall include— (1) a description of the world’s unparented children, including— (A) a description and quantitative analysis of the world’s unparented children by country, identifying the nationality of the children physically present in each country and distinguishing among children who are citizens of the country, noncitizen children lawfully present in the country, and noncitizen children unlawfully in the country, irrespective of a child’s particular immigration status; and (B) available data about such children broken into detailed categories and including— (i) information on their nationality, age, gender, and status; (ii) whether they have a living parent or parents and the status of those parents; (iii) whether the unparented children are considered abandoned, separated, relinquished, or have some other status; (iv) whether they are institutionalized or homeless; (v) information on how they are documented, including through birth registries, orphanage registries, United Nations High Commissioner for Refugees registration, or identity cards; and (vi) an assessment of their living conditions based on indicators such as crude mortality rate, malnutrition rate, or other similar indicators; (2) a review of the previous fiscal year’s programming in support of appropriate, protective, and permanent family care solutions, including project descriptions for each project by country, goals of each project, amount awarded for each project, and evaluation of outcomes during the fiscal year; (3) an action plan covering proposed programming and activities for the next fiscal year in support of family permanency solutions, including goals for each country in which programming will occur, proposed allocations of resources by country, types of projects proposed by country, amounts of awards proposed for each project, and desired outcomes for each country; (4) a review of trends over the last five years, including changes in the numbers and locations of unparented children and the reasons for the changes, such as new refugee arrivals, growing numbers of children abandoned at birth, and decreases in number of children in institutions; (5) an overall analysis of highest priority situations of concern for unparented children, including analysis of whether the children are in a location that provides a cooperative environment for assistance programming and intercountry adoptions; (6) a description of how intercountry adoption and refugee resettlement for unparented refugee children has played a role in each country over the last 10 years and the current status of such programs, including analysis of the situation with respect to the Hague Adoption Convention and how the Convention has affected intercountry adoptions from the country; (7) aggregate reporting on intercountry adoptions to the United States, distinguishing between Convention adoptions and non-Convention adoptions and including— (A) the total number of intercountry adoptions involving immigration to the United States by year over the past 10 years and projected data for the next fiscal year, distinguishing between Convention and non-Convention adoptions, including aggregate data on the country from which each child emigrated, the State of residence of the adoptive parents, and the country in which the adoption was finalized; (B) the number of intercountry adoptions involving emigration from the United States, regardless of whether the adoption occurred under the Convention and distinguishing between Convention and non-Convention adoptions, including the country to which each child immigrated and the State from which each child emigrated; (C) the average time required for completion of the immigration portion of intercountry adoptions, distinguishing between Convention and non-Convention adoptions, calculated as the time between filing of the initial immigration-related adoption petition on behalf of a child and the approval of that child’s immigrant visa; and (D) the range of adoption fees charged in connection with intercountry adoptions involving immigration to the United States and the median of such fees; and (8) such additional information as may be requested by members of the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (c) Consultations To the extent possible, designated representatives of the President should meet with members of the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (d) Repeal Section 104 of the Intercountry Adoption Act ( 42 U.S.C. 14914 202. Country reports regarding severe forms of trafficking Section 502B(h)(1)(B) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(h)(1)(B) (x) What steps the government of that country has taken to reduce the number of children living outside of family care. (xi) What steps the government of that country has taken to reduce the number of children abused, neglected, or exploited. . III Promotion of a comprehensive approach for children in adversity 301. Establishment of a USAID Center for Excellence for Children in Adversity (a) Center for Excellence for Children in Adversity (1) In general There is established within the United States Agency for International Development a Center of Excellence on Children in Adversity. (2) Coordinator The Center for Excellence shall be headed by the Children in Adversity Coordinator, who shall be appointed by the Administrator of the United States Agency for International Development. (3) Objectives The Center of Excellence on Children in Adversity shall work in consultation with the Ambassador-at-Large of the Office of Vulnerable Children and Family Security of the Department of State to promote greater United States Government coherence and accountability for whole-of-government assistance to children in adversity and ensure that United States foreign assistance and development programs are focused on the following objectives: (A) The sound development of children through the integration of health, nutrition, and family support. (B) Supporting and enabling families to care for children through family preservation, reunification, and support of kinship care, guardianship, and domestic and intercountry adoption. (C) Facilitating the efforts of national governments and partners to prevent, respond to, and protect children from violence, exploitation, abuse, and neglect. (4) Authorities The Children in Adversity Coordinator, acting through nongovernmental organizations (including faith-based and community-based organizations), partner country finance, health, education, social welfare, and other ministries, and relevant executive branch agencies, is authorized to— (A) operate internationally to carry out the programs and activities outlined in the Action Plan for Children in Adversity; (B) provide grants to, and enter into contracts and cooperative agreements with, nongovernmental organizations (including faith-based organizations) to carry out this section; and (C) transfer and allocate United States Agency for International Development funds that have been appropriated for the purposes described in subparagraphs (A) and (B). (5) Functions In consultation with the Ambassador-at-Large of the Office of Vulnerable Children and Family Security in the Department of State, the Children in Adversity Coordinator shall, through the Center of Excellence— (A) facilitate program and policy coordination related to the goals and objectives of the Action Plan for Children in Adversity among relevant executive branch agencies and nongovernmental organizations by auditing, monitoring, and evaluating such programs; (B) ensure that each relevant executive branch agency undertakes responsibility for activities related primarily to those areas in which the agency has the greatest expertise, technical capability, and potential for success; (C) coordinate relevant executive branch agency activities related to the Action Plan for Children in Adversity; (D) establish due diligence criteria for all recipients of funds appropriated by the United States Government for assistance to children in adversity; and (E) oversee the administration of the priority country demonstration program as described in subsection (f). (6) Assistance The President is authorized to provide assistance, including through international, nongovernmental, or faith-based organizations, for programs in developing countries— (A) to increase the percentage of children achieving age-appropriate growth and developmental milestones; (B) to increase the percentage of children under 5 years of age demonstrating secure attachment with a primary caregiver; (C) to integrate health, nutrition, developmental protections, and caregiving support for vulnerable children and their families; (D) to increase the percentage of children living within appropriate, permanent, safe, and protective family care, through family preservation and reunification, and through kinship care, guardianship, and domestic and intercountry adoption, and to reduce the percentage of children living in institutions; (E) to increase the percentage of families providing adequate nutrition, education opportunities, care, and protection for their children; (F) to reduce the percentage of children who experience violence, exploitation, abuse, and neglect; (G) to increase the percentage of children who receive appropriate care and protection after experiencing violence, exploitation, abuse, or neglect; (H) to increase public awareness that violence, exploitation, abuse, or neglect of children as unacceptable; (I) to increase the percentage of countries that ratify and implement relevant conventions or formally adopt internationally recognized principles, standards, and procedural safeguards to protect children from violence, exploitation, abuse, and neglect; (J) to increase the percentage of children who have legal documentation and birth registration; (K) to increase the number of laws, policies, and practices in partner states that promote and strengthen child welfare and protection at household, community, and national levels is increased; (L) to increase national and local human resource capacity for child welfare and protection; (M) to increase the number of national and community systems effectively monitoring child welfare and protection concerns, programs, and outcomes; (N) to encourage and assist in the collection of data related to children outside of family care; (O) to increase the number of prevalence studies that measure and track trends in children’s exposure to violence, exploitation, abuse, and neglect; (P) to increase the number of published outcome/impact evaluations on interventions to assist children outside of family care or minimize exposure to violence, exploitation, abuse, and neglect that can be generalized to larger target groups; (Q) to increase the number of national governments and universities leading rigorous data collection, research, and monitoring and evaluation studies related to child welfare and protection; and (R) to increase the number of United States Government-supported interventions for children in adversity designed using data from rigorous research methodologies. (b) Monitoring and evaluation (1) Establishment of system To maximize the sustainable development impact of assistance authorized under this section, and pursuant to the primary objective of the Action Plan for Children in Adversity, the President shall establish a monitoring and evaluation system to measure the effectiveness of United States assistance to children in adversity. (2) Requirements The monitoring and evaluation system shall— (A) be aligned with the objectives and outcomes outlined by the Action Plan for Children in Adversity; and (B) provide a basis for recommendations for adjustments to the assistance provided under this part. (c) Priority Country Demonstration Program (1) In general The Administrator of the United States Agency for International Development, in consultation with the Secretary of State, shall establish and carry out a priority country demonstration program implementing the Action Plan for Children in Adversity over a period of 5 years in at least 6 countries. (2) Purposes The purposes of the programs established under subparagraph (1) shall be— (A) to demonstrate how research-based policies and programs to achieve the core objectives of the Action Plan for Children in Adversity can be successfully implemented on a national level; (B) to establish model programs that, once tested for efficacy, will be available for replication on a global basis; (C) to identify a comprehensive series of interventions which result in meeting the outcomes and objectives of the Action Plan for Children in Adversity; and (D) to determine which in-country factors advance or negate the successful achievement of the outcomes and objectives of the action plan. (3) Criteria for selection of countries The criteria for selection of countries shall include— (A) magnitude and severity of the problems to be addressed; (B) partner country interest in participation in a comprehensive implementation of all 3 goals of the Action Plan for Children in Adversity, including, with respect to the second objective (Families First), expressed willingness to support the full complement of permanence solutions (including family preservation, reunification, kinship care, guardianship, and domestic and intercountry adoption), and commitments to support and allow monitoring and evaluation, as well as transparent reporting; (C) potential to leverage bilateral, multilateral, and foundation investments; (D) potential to leverage other United States development investments; (E) regional diversity to maximize learning opportunities; and (F) level of economic development, with a focus on low- and middle-income countries. (d) Repeals (1) Assistance to orphans and other vulnerable children Section 135 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152f (2) Annual report Section 5 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005 ( 22 U.S.C. 2152g IV Funding and effective dates 401. Authorization of appropriations (a) Prohibition on new appropriations (1) In general Nothing in this Act may be construed as authorizing additional funds to be appropriated to carry out this Act or the amendments made by this Act. (2) Use of existing funds This Act, and the amendments made by this Act, shall be carried out using amounts otherwise available for such purposes, including unobligated balances of funds made available to carry out activities under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. (b) Limitations on use of funds (1) United nations No funds obligated in accordance with this Act may be awarded to the United Nations or any of its subsidiaries. (2) Segregated services No funds obligated in accordance with this Act may be awarded for building, renovating, or refurbishing residential facilities that segregate children with disabilities from society. The limitation under this paragraph does not prohibit funding for small, community-based group homes that house up to 6 children. (3) Administrative expenses Not more than 2 percent of the amounts described in subsection (a)(2) may be used for administrative expenses. (c) Focus of assistance Assistance provided under this Act— (1) shall focus primarily on promoting international child welfare, as set forth in this Act, for all children in adversity; and (2) may be provided on such terms and conditions as the President determines appropriate. 402. Effective dates (a) Effective upon enactment Sections 104 and 202 and titles III and IV shall take effect on the date of the enactment of this Act. (b) Delayed effective date Sections 101, 102, 103, and 201 shall take effect on the date that is 1 year after the date of the enactment of this Act.

Children in Families First Act of 2014

Online Competition and Consumer Choice Act of 2014 - Directs the Federal Communications Commission (FCC) to promulgate regulations that prohibit broadband providers, in transmitting network traffic over the broadband Internet access service of an end user, from: (1) entering an agreement with an edge provider (a provider of Internet content, applications, services, or access devices) to give preferential treatment or priority to the traffic of such edge provider in exchange for consideration (commonly referred to as "paid prioritization"); and (2) giving preferential treatment or priority to content, applications, services, or devices that are provided or operated by such broadband provider or an affiliate of such broadband provider. Prohibits this Act from superseding any obligation or authorization of a broadband provider to address the needs of emergency communications, law enforcement, public safety, or national security authorities. Sets forth enforcement authority under the Communications Act of 1934, with modified forfeiture standards.

113 S2476 IS: Online Competition and Consumer Choice Act of 2014 U.S. Senate 2014-06-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2476 IN THE SENATE OF THE UNITED STATES June 17, 2014 Mr. Leahy Mr. Franken Mr. Sanders Committee on Commerce, Science, and Transportation A BILL To direct the Federal Communications Commission to promulgate regulations that prohibit certain preferential treatment or prioritization of Internet traffic. 1. Short title This Act may be cited as the Online Competition and Consumer Choice Act of 2014 2. FCC regulations prohibiting certain preferential treatment or prioritization of Internet traffic (a) In general Not later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations that— (1) prohibit a broadband provider from entering into an agreement with an edge provider under which the broadband provider agrees, for consideration, in transmitting network traffic over the broadband Internet access service of an end user, to give preferential treatment or priority to the traffic of such edge provider over the traffic of other edge providers; and (2) prohibit a broadband provider, in transmitting network traffic over the broadband Internet access service of an end user, from giving preferential treatment or priority to the traffic of content, applications, services, or devices that are provided or operated by such broadband provider, or an affiliate of such broadband provider, over the traffic of other content, applications, services, or devices. (b) Rules of construction (1) Certain traffic not affected Nothing in this section shall be construed as superseding any obligation or authorization a broadband provider may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law, or as limiting the ability of the provider to do so. (2) Clarification of authority Nothing in this section shall be construed as limiting the authority of the Commission under any other provision of law, including the authority to promulgate regulations prohibiting or limiting preferential treatment or prioritization of the traffic of an edge provider by a broadband provider under GN Docket No. 14–28 (relating to the matter of protecting and promoting the open Internet). (c) Enforcement For purposes of sections 503(b) and 504 of the Communications Act of 1934 ( 47 U.S.C. 503(b) (1) Paragraph (5) shall not apply. (2) Paragraph (6) shall be applied by substituting the following: No forfeiture penalty shall be determined or imposed against any person under this subsection if the violation charged occurred more than 3 years prior to the date of issuance of the required notice or notice of apparent liability. (d) Definitions In this section: (1) Affiliate The term affiliate 47 U.S.C. 153 (2) Broadband Internet access service The term broadband Internet access service section 8.11 (3) Broadband provider The term broadband provider (4) Commission The term Commission (5) Edge provider The term edge provider (A) any content, application, or service over the Internet; or (B) a device used for accessing any content, application, or service over the Internet. (6) End user The term end user

Online Competition and Consumer Choice Act of 2014

Egyptian Military Coup Act of 2014 - Prohibits U.S. government assistance to Egypt pursuant to the coup d'etat restriction under the Department of State, Foreign Operations, and Related Programs Act, 2012. Suspends the provision of specified defense articles and services, and the processing of letters of offer and acceptance for future arms sales, until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power.

113 S2477 IS: Egyptian Military Coup Act of 2014 U.S. Senate 2014-06-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2477 IN THE SENATE OF THE UNITED STATES June 17, 2014 Mr. Paul Committee on Foreign Relations A BILL To prohibit certain foreign assistance to the Government of Egypt as a result of the July 3, 2013, military coup d'état. 1. Short title This Act may be cited as the Egyptian Military Coup Act of 2014 2. Foreign assistance restrictions in response to Egyptian military coup d'état (a) Findings Congress makes the following findings: (1) On June 30, 2012, Mohamed Morsi was elected President of Egypt in elections that were certified as free and fair by the Egyptian Presidential Election Commission and the United Nations. (2) On July 3, 2013, the military of Egypt removed the democratically elected President of Egypt, arrested his supporters, and suspended the Constitution of Egypt. These actions fit the definition of a military coup d'état. (3) On August 14, 2013, Egyptian security forces killed over 600 protestors in the dispersal of a demonstration in Rabaa, Egypt. (4) Since the July 2013 military coup d'état, the Egyptian military and security officials are estimated to have killed more than 1,000 Egyptian citizen protestors. (5) On January 17, 2014, President Barack Obama signed into law the Consolidated Appropriations Act, 2014 ( Public Law 113–76 (6) On April 23, 2014, President Obama approved the transfer of 10 AH–64 Apache Helicopters and $650,000,000 in financial aid to the military-controlled Government of Egypt. (7) On April 28, 2014, a court in Egypt sentenced 683 Egyptian citizens to death for protests in the town of Edwa, Egypt, following a five-minute hearing that was not long enough to recite the full names of the accused. (8) On May 5, 2014, Former Army Chief Abdul Fattah al-Sisi, who led Egyptian military forces in the coup d’état against a ruling party that was elected with 51.7 percent of the vote, said on Egyptian television that, if elected, the previous ruling political party would not exist (9) On May 6, 2014, a court in Egypt banned members of the National Democratic Party from participating in any Presidential, parliamentary, or local elections. (10) Pursuant to section 7008 of the Department of State, Foreign Operations, and Related Programs Act, 2012 (division I of Public Law 112–74 (11) The United States has suspended aid to countries that have undergone military coups d'état in the past, including the Ivory Coast, the Central African Republic, Thailand, Mali, Fiji, and Honduras. (b) Foreign assistance to the Government of Egypt (1) Restrictions on assistance under section 7008 In accordance with section 7008 of the Department of State, Foreign Operations, and Related Programs Act, 2012 (division I of Public Law 112–74 (2) Additional restrictions In addition to the restrictions referred to in paragraph (1), the following restrictions shall be in effect with respect to United States assistance to the Government of Egypt: (A) Deliveries of defense articles currently slated for transfer to Egyptian Ministry of Defense (MOD) and Ministry of Interior (MOI) shall be suspended until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (B) Provision of defense services to Egyptian MOD and MOI shall be halted immediately until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (C) Processing of draft Letters of Offer and Acceptance (LOAs) for future arms sales to Egyptian MOD and MOI entities shall be halted until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. (D) All costs associated with the delays in deliveries and provision of services required under subparagraphs (A) through (C) shall be borne by the Government of Egypt.

Egyptian Military Coup Act of 2014

Short Line Railroad Safety Enhancement Act of 2014 - Authorizes the Secretary of Transportation (DOT) to award grants to private or nonprofit organizations involved in, or affiliated with, transportation by regional (Class II) railroads and shortline (Class III) railroads for research, development, evaluation, and training efforts to enhance rail safety practices and safety culture.

113 S2478 IS: Short Line Railroad Safety Enhancement Act of 2014 U.S. Senate 2014-06-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2478 IN THE SENATE OF THE UNITED STATES June 17, 2014 Ms. Collins Mrs. Murray Committee on Commerce, Science, and Transportation A BILL To authorize the Secretary of Transportation to partner with industry to strengthen the safety culture and safety practices of short line and regional freight railroads. 1. Short title This Act may be cited as the Short Line Railroad Safety Enhancement Act of 2014 2. Findings Congress makes the following findings: (1) The use of new oil recovery techniques, particularly in regions without a sufficient number of developed pipeline networks, has led to rapid growth in the transportation of crude oil by rail. (2) Recent accidents in North America involving trains carrying crude oil, such as the July 2013 tragedy in Lac-Megantic, Quebec, have brought the need for enhanced safety into focus. (3) Short line and regional railroads have workforces and resources that are much smaller than large Class I railroads, but these railroads are expected to handle the same commodities safely. (4) Cooperative safety reviews, assessments, and training approaches can enhance safety by fostering an enhanced safety culture. Cooperation between industry and the Federal Railroad Administration’s Research and Development Program would enhance rail safety with respect to the transportation of crude oil by rail and in all other areas of rail transportation. 3. Short line and regional railroad safety grants Section 20108 (d) Short line and regional railroad safety training initiative (1) Grants authorized The Secretary may award grants to private or nonprofit organizations involved in, or affiliated with, transportation by Class II and Class III railroads. (2) Use of funds Grant funds awarded under this subsection shall be used for research, development, evaluation, and training efforts that are designed to enhance rail safety practices and safety culture. (3) Authorization of appropriations (A) Fiscal year 2015 There is authorized to be appropriated to the Secretary $2,000,000 for fiscal year 2015 for grants under this subsection. (B) Fiscal years 2016 through 2019 There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2016 through 2019 for grants under this subsection. (C) Availability Amounts appropriated pursuant to this paragraph shall remain available until expended. .

Short Line Railroad Safety Enhancement Act of 2014

Moapa Band of Paiutes Land Conveyance Act - Directs that approximately 25,977 acres of land in Nevada administered by the Bureau of Land Management (BLM) and the Bureau of Reclamation be: (1) held in trust for the benefit of the Moapa Band of Paiutes, and (2) be made part of the Tribe's reservation. Restricts gaming on the land. Directs that approximately 88 acres of land held in fee by the Tribe be: (1) held in trust for the benefit of the Tribe, and (2) made part of the Tribe's reservation.

113 S2479 IS: Moapa Band of Paiutes Land Conveyance Act U.S. Senate 2014-06-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2479 IN THE SENATE OF THE UNITED STATES June 17, 2014 Mr. Reid Committee on Indian Affairs A BILL To provide for a land conveyance in the State of Nevada. 1. Short title This Act may be cited as the Moapa Band of Paiutes Land Conveyance Act 2. Definitions In this Act: (1) Map The term map Moapa River Reservation Expansion (2) Secretary The term Secretary (3) Tribe The term Tribe 3. Transfer of land to be held in trust for the moapa band of paiutes (a) In general Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b) shall be— (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Description of Land The land referred to in subsection (a) is the approximately 26,565 acres of land administered by the Bureau of Land Management and the Bureau of Reclamation as generally depicted on the map as Expansion Area (c) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (d) Use of Trust Land (1) Gaming Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 (2) General uses (A) In general The Tribe shall use the land taken into trust under subsection (a) only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; (iii) residential or recreational development; or (iv) renewable energy development. (B) Other uses (i) In general If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal in accordance with clause (ii). (ii) Appraisal The Secretary shall determine the fair market value of the land under clause (i) based on an appraisal that is performed in accordance with— (I) the Uniform Appraisal Standards for Federal Land Acquisitions; (II) the Uniform Standards of Professional Appraisal Practices; and (III) any other applicable law (including regulations).

Moapa Band of Paiutes Land Conveyance Act

Nevada Native Nations Land Act -Title I: Elko Motocross Land Conveyance - (Sec. 102) Directs the Secretary of the Interior to convey to Elko County, Nevada, without consideration, approximately 275 acres of land managed by the Bureau of Land Management (BLM), Elko District, Nevada. Requires the land conveyed to be used only: (1) as a motocross, bicycle, off-highway vehicle, or stock car racing area; or (2) for any other public purpose consistent with the Recreation and Public Purposes Act. Title II: Conveyance of Land to Indian Tribes - (Sec. 201) Holds in trust the following lands: for the Te-Moak Tribe of Western Shoshone Indians of Nevada (the Elko Band), approximately 373 acres of BLM land; for the Fort McDermitt Paiute and Shoshone Tribe of the Fort McDermitt Indian Reservation, approximately 19,094 acres of BLM land; for the Shoshone Paiute Tribes of the Duck Valley Indian Reservation, approximately 82 acres of Forest Service land; for the Summit Lake Paiute Tribe, approximately 941 acres of BLM land; for the Reno-Sparks Indian Colony, approximately 13,434 acres of BLM land; and for the Pyramid Lake Paiute Tribe, approximately 11,719 acres of BLM land. Makes the lands held for the Tribes part of their respective Reservations. (Sec. 202) Requires the Secretary of the Interior to complete a survey to establish boundary lines of the land taken into trust for each Indian tribe. Restricts gaming on lands held in trust under this Act. Permits the Secretary, in consultation with the applicable Indian tribe, to carry out any fuel reduction and other landscape restoration activities (including restoration of the sage grouse habitat) on the land that is beneficial to the tribe and BLM.

113 S2480 IS: Nevada Native Nations Land Act U.S. Senate 2014-06-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2480 IN THE SENATE OF THE UNITED STATES June 17, 2014 Mr. Reid Mr. Heller Committee on Indian Affairs A BILL To require the Secretary of the Interior to convey certain Federal land to Elko County, Nevada, and to take land into trust for certain Indian tribes, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Nevada Native Nations Land Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Elko Motocross land conveyance Sec. 101. Definitions. Sec. 102. Conveyance of land to county. TITLE II—Conveyance of land to Indian tribes Sec. 201. Conveyance of land to be held in trust for certain Indian tribes. Sec. 202. Administration. 2. Definition of Secretary In this Act, the term Secretary I Elko Motocross land conveyance 101. Definitions In this title: (1) City The term city (2) County The term county (3) Map The term map Elko Motocross Park 102. Conveyance of land to county (a) In general As soon as practicable after the date of enactment of this Act, subject to valid existing rights and this section, the Secretary shall convey to the county, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of land The land referred to in subsection (a) consists of approximately 275 acres of land managed by the Bureau of Land Management, Elko District, Nevada, as generally depicted on the map as Elko Motocross Park (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) Minor errors The Secretary may correct any minor error in— (A) the map; or (B) the legal description. (3) Availability The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of conveyed land The land conveyed under this section shall be used only as a motocross, bicycle, off-highway vehicle, or stock car racing area, or for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 et seq. (e) Administrative costs The Secretary shall require the county to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Reversion If the land conveyed under this section ceases to be used for a public purpose in accordance with subsection (d), the land shall, at the discretion of the Secretary, revert to the United States. II Conveyance of land to Indian tribes 201. Conveyance of land to be held in trust for certain Indian tribes (a) Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band) (1) Definition of map In this subsection, the term map Te-moak Tribal Land Expansion (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band); and (B) shall be part of the reservation of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band). (3) Description of land The land referred to in paragraph (2) is the approximately 373 acres of land administered by the Bureau of Land Management as generally depicted on the map as Lands to be Held in Trust (b) Conveyance of land To be held in trust for the Fort McDermitt Paiute and Shoshone Tribe (1) Definition of map In this subsection, the term map Fort McDermitt Indian Reservation Expansion Act (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Fort McDermitt Paiute and Shoshone Tribe; and (B) shall be part of the reservation of the Fort McDermitt Paiute and Shoshone Tribe. (3) Description of land The land referred to in paragraph (2) is the approximately 19,094 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Expansion Lands (c) Conveyance of land To be held in trust for the Shoshone Paiute Tribes (1) Definition of map In this subsection, the term map Mountain City Administrative Site Proposed Acquisition (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation; and (B) shall be part of the reservation of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation. (3) Description of land The land referred to in paragraph (2) is the approximately 82 acres of land administered by the Forest Service as generally depicted on the map as Proposed Acquisition Site (d) Transfer of land To be held in trust for the Summit Lake Paiute Tribe (1) Definition of map In this section, the term map Summit Lake Indian Reservation Conveyance (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Summit Lake Paiute Tribe; and (B) shall be part of the reservation of the Summit Lake Paiute Tribe. (3) Description of land The land referred to in paragraph (2) is the approximately 941 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Conveyance Lands (e) Transfer of land To be held in trust for the Reno-Sparks Indian Colony land (1) Definition of map In this subsection, the term map Reno-Sparks Indian Colony Expansion (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Reno-Sparks Indian Colony; and (B) shall be part of the reservation of the Reno-Sparks Indian Colony. (3) Description of land The land referred to in paragraph (2) is the approximately 13,434 acres of land administered by the Bureau of Land Management as generally depicted on the map as RSIC Amended Boundary (f) Transfer of land To be held in trust for the Pyramid Lake Paiute Tribe (1) Map In this subsection, the term map Pyramid Lake Indian Reservation Expansion (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (1)— (A) is held in trust by the United States for the benefit of the Pyramid Lake Paiute Tribe; and (B) shall be part of the reservation of the Pyramid Lake Paiute Tribe. (3) Description of land The land referred to in paragraph (2) is the approximately 30,669 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Expansion Lands (g) Transfer of land To be held in trust for the Te-Moak Tribe of Western Shoshone Indians of Nevada (South Fork Band) (1) Release of wilderness study area (A) Finding Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (B) Release The public land described in subparagraph (A) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (2) Transfer of land to be held in trust for the Te-Moak Tribe of Western Shoshone Indians of Nevada (South Fork Band) (A) Definition of map In this paragraph, the term map South Fork Indian Reservation Expansion (B) Conveyance of land (i) In general Subject to clause (ii) and all valid existing rights, all right, title, and interest of the United States in and to the land described in subparagraph (C)— (I) is held in trust by the United States for the benefit of the Te-Moak Tribe of Western Shoshone Indians of Nevada (South Fork Band); and (II) shall be part of the reservation of the Te-Moak Tribe of Western Shoshone Indians of Nevada (South Fork Band). (ii) Exception The oversight and renewal of all oil and gas leases in existence on the date of the enactment of this Act shall remain the responsibility of the Bureau of Land Management in consultation with the South Fork Band Council. (C) Description of land The land referred to in subparagraph (B) is the approximately 28,162 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Expansion Lands 202. Administration (a) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust for each Indian tribe under section 201. (b) Use of trust land (1) Gaming Land taken into trust under section 201 shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). (2) General uses (A) In general Each Indian tribe for which land is taken into trust under section 201 shall use the land taken into trust under that section only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Indian tribe; (iii) residential or recreational development; (iv) renewable energy development; or (v) mineral development. (B) Other uses If an Indian tribe for which land is taken into trust under section 201 uses any portion of the land taken into trust under that section for a purpose other than a purpose described in subparagraph (A), that Indian tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (C) Appraisal The Secretary shall determine the fair market value of the land under paragraph (2)(B) based on an appraisal that is performed in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; (ii) the Uniform Standards of Professional Appraisal Practices; and (iii) any other applicable law (including regulations). (3) Thinning; landscape restoration With respect to the land taken into trust under section 201, the Secretary, in consultation and coordination with the applicable Indian tribe, may carry out any fuel reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Indian tribe and the Bureau of Land Management.

Nevada Native Nations Land Act

North Pacific Fisheries Convention Implementation Act - Authorizes the Department of Commerce to promulgate regulations to implement the Convention on the Conservation and Management of the High Seas Fisheries Resources in the North Pacific Ocean for the United States, which was adopted in Tokyo, Japan, on February 24, 2012. (The Convention establishes a regional fisheries management organization to ensure the long-term conservation and sustainable use of the fisheries resources while protecting the marine ecosystems in the Convention Area.) (Sec. 3) Limits U.S. representation on the North Pacific Fisheries Commission to no more than five commissioners. Requires the President to appoint the representatives to the Commission. Establishes an advisory committee for the Commission. Requires Commerce to develop a memorandum of understanding with the Western Pacific Regional Fishery Management Council, the Pacific Fishery Management Council, and the North Pacific Fishery Management Council to clarify the role of each Council with respect to participating in or working with U.S. delegations to international fishery organizations and making recommendations related to fishery resources in the Convention Area. (Sec. 4) Sets forth the Department of State's authority and responsibilities with respect to the Commission, including authorizing the State Department to approve, disapprove, object to, or withdraw objections to bylaws and rules adopted by the Commission. (Sec. 5) Authorizes Commerce to promulgate such regulations as may be necessary to carry out the U.S. international obligations under the North Pacific Fisheries Convention and this Act. (Sec. 6) Requires Commerce and the Department of Homeland Security (DHS) to administer and enforce this Act, except to the extent otherwise provided for in the Magnuson-Stevens Fishery Conservation and Management Act. Gives the district courts of the United States exclusive jurisdiction over any case or controversy arising under this Act. (Sec. 7) Sets forth prohibited fishing and shipping acts in the Convention Area. (Sec. 9) Requires Commerce to ensure participation in the Commission and its subsidiary bodies by the Commonwealth of the Northern Mariana Islands to the same extent provided to the territories of other nations. (Sec. 10) Establishes notification requirements for commercial fishing vessels before entering or transiting the exclusive economic zone of the Convention Area, if the vessels do not carry vessel monitoring systems capable of communicating with U.S. enforcement authorities. (Sec. 11) Authorizes appropriations to Commerce and the State Department to carry out this Act and to pay for the United State's contribution to the Commission. Requires Commerce or the State Department to provide appropriate assistance to assist developing nations in meeting their obligations under the Convention.

113 S2482 IS: North Pacific Fisheries Convention Implementation Act U.S. Senate 2014-06-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2482 IN THE SENATE OF THE UNITED STATES June 17, 2014 Mr. Begich Mr. Schatz Committee on Commerce, Science, and Transportation A BILL To implement the Convention on the Conservation and Management of the High Seas Fisheries Resources in the North Pacific Ocean, as adopted at Tokyo on February 24, 2012, and for other purposes. 1. Short title This Act may be cited as the North Pacific Fisheries Convention Implementation Act 2. Definitions In this Act: (1) Advisory Committee The term Advisory Committee (2) Commission The term Commission (3) Commissioner The term Commissioner (4) Convention Area The term Convention Area (5) Council The term Council (6) Exclusive economic zone The term exclusive economic zone (7) Fisheries resources (A) In general The term fisheries resources (B) Exclusions The term fisheries resources (i) sedentary species insofar as they are subject to the sovereign rights of coastal nations consistent with Article 77, paragraph 4 of the 1982 Convention and indicator species of vulnerable marine ecosystems as listed in, or adopted pursuant to, Article 13, paragraph 5 of the North Pacific Fisheries Convention; (ii) catadromous species; (iii) marine mammals, marine reptiles, or seabirds; or (iv) other marine species already covered by pre-existing international fisheries management instruments within the area of competence of such instruments. (8) Fishing activities (A) In general The term fishing activities (i) the actual or attempted searching for, catching, taking, or harvesting of fisheries resources; (ii) engaging in any activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fisheries resources for any purpose; (iii) the processing of fisheries resources at sea; (iv) the transhipment of fisheries resources at sea or in port; and (v) any operation at sea in direct support of, or in preparation for, any activity described in clauses (i) through (iv), including transshipment. (B) Exclusions The term fishing activities (9) Fishing vessel The term fishing vessel (10) North Pacific Fisheries Convention The term North Pacific Fisheries Convention (11) Person The term person (A) any individual, whether or not a citizen or national of the United States; (B) any corporation, partnership, association, or other entity, whether or not organized or existing under the laws of any State; and (C) any Federal, State, local, tribal, or foreign government or any entity of such government. (12) Secretary The term Secretary (13) State The term State (14) Transshipment The term transshipment (15) 1982 Convention The term 1982 Convention 3. Appointment of United States Commissioner (a) Appointment The United States shall be represented on the Commission by 1 U.S. Commissioner. The President shall appoint an individual to serve on the Commission at the pleasure of the President. In making an appointment, the President shall select an individual who is knowledgeable or experienced concerning fisheries resources in the North Pacific Ocean. (b) Alternate Commissioners The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time considered appropriate an alternate Commissioner to the Commission. An alternate Commissioner may exercise all powers and duties of a Commissioner in the absence of a Commissioner appointed under subsection (a) for whatever reason. (c) Administrative matters (1) Employment status An individual serving as a Commissioner, or an alternative Commissioner, other than an officer or employee of the United States Government, shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 chapter 171 (2) Compensation An individual serving as a Commissioner or an alternate Commissioner, although an officer of the United States while so serving, shall receive no compensation for the individual’s services as such Commissioner or alternate Commissioner. (3) Travel expenses (A) In general The Secretary of State shall pay the necessary travel expenses of a Commissioner or an alternate Commissioner in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. (B) Reimbursement The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this paragraph. (d) Advisory committee (1) Establishment of permanent advisory committee (A) Membership There is established an advisory committee which shall be composed of— (i) an individual that is a resident of Alaska appointed by the North Pacific Fishery Management Council; (ii) an individual appointed by the Pacific Fishery Management Council; (iii) an individual appointed by the Western Pacific Fishery Management Council; and (iv) 2 individuals appointed by the Secretary, including— (I) an Alaska Native, a Native Hawaiian, a native-born inhabitant of any possession of the United States in the Pacific Ocean, or a member of a Pacific Northwest tribe; and (II) a marine fisheries scientist that is a resident of a State the adjacent exclusive economic zone for which is bounded by the Convention Area. (B) Terms and privileges Each member of the Advisory Committee shall serve for a term of 2 years and shall be eligible for reappointment. The Commissioner shall notify in advance the Advisory Committee of each meeting of the Commission. The Advisory Committee may attend each meeting and may examine and be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission. (C) Procedures The Advisory Committee shall determine its organization and prescribe its practices and procedures for carrying out its functions under this Act, the North Pacific Fisheries Convention, and the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (D) Provision of information The Secretary and the Secretary of State shall furnish the Advisory Committee with relevant information concerning fisheries resources and international fishery agreements. (2) Administrative matters (A) Support services The Secretary shall provide to the Advisory Committee in a timely manner such administrative and technical support services as are necessary to function effectively. (B) Compensation; status; expenses An individual appointed to serve as a member of the Advisory Committee— (i) shall serve without pay, but while away from the individual’s home or regular place of business in the performance of services for the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as a person employed intermittently in the Government service is allowed expenses under section 5703 (ii) shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 (e) Memorandum of understanding For fisheries resources in the Convention Area, the Secretary, in coordination with the Secretary of State, shall develop a memorandum of understanding with the Western Pacific, Pacific, and North Pacific Fishery Management Councils, that clarifies the role of each relevant Council with respect to— (1) participation in U.S. delegations to international fishery organizations in the Pacific Ocean, including government-to-government consultations; (2) providing formal recommendations to the Secretary and the Secretary of State regarding necessary measures for both domestic and foreign vessels fishing for fisheries resources; (3) coordinating positions with the U.S. delegation for presentation to the appropriate international fishery organization; and (4) recommending those domestic fishing regulations that are consistent with the actions of the international fishery organization, for approval and implementation under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 4. Authority and responsibility of the Secretary of State The Secretary of State may— (1) receive and transmit, on behalf of the United States, reports, requests, recommendations, proposals, decisions, and other communications of and to the Commission; (2) in consultation with the Secretary, approve, disapprove, object to, or withdraw objections to bylaws and rules, or amendments thereof, adopted by the Commission; (3) with the concurrence of the Secretary, approve or disapprove the general annual program of the Commission with respect to conservation and management measures and other measures proposed or adopted in accordance with the North Pacific Fisheries Convention; and (4) act upon, or refer to other appropriate authority, any communication under paragraph (1). 5. Rulemaking authority of the Secretary of Commerce (a) Promulgation of regulations The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the department in which the Coast Guard is operating, is authorized to promulgate such regulations as may be necessary to carry out the U.S. international obligations under the North Pacific Fisheries Convention and this Act, including recommendations and decisions adopted by the Commission. If the Secretary has discretion in the implementation of 1 or more measures adopted by the Commission that would govern fisheries resources under the authority of a Regional Fishery Management Council, the Secretary may promulgate, to the extent practicable within the implementation schedule of the North Pacific Fisheries Convention and any recommendations and decisions adopted by the Commission, such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (b) Rule of construction Regulations promulgated under subsection (a) shall be applicable only to a person, a fishing vessel, or fisheries resources covered by the North Pacific Fisheries Convention or this Act. (c) Judicial review of regulations (1) In general Regulations promulgated by the Secretary under this Act shall be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 (2) Responses Notwithstanding any other provision of law, the Secretary shall file a response to any petition filed in accordance with paragraph (1), not later than 30 days after the date the Secretary is served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the Secretary of good cause for that extension. (3) Copies of administrative record A response of the Secretary under paragraph (2) shall include a copy of the administrative record for the regulations that are the subject of the petition. (4) Expedited hearings Upon a motion by the person who files a petition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date. 6. Enforcement (a) In general The Secretary and the Secretary of the department in which the Coast Guard is operating— (1) shall administer and enforce this Act and any regulations issued under this Act, except to the extent otherwise provided for in the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (2) may request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in the administration and enforcement of this Act. (b) Additional authority The Secretary may conduct, and may request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in— (1) scientific, research, and other programs under this Act; (2) fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the North Pacific Fisheries Convention; (3) the collection, utilization, and disclosure of such information as may be necessary to implement the North Pacific Fisheries Convention, subject to sections 552 and 552a of title 5, United States Code, and section 402(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881a(b) (4) if recommended by the Commissioners or proposed by a Council with authority over the relevant fisheries, the assessment and collection of fees, not to exceed 3 percent of the ex-vessel value of fish harvested by vessels of the United States in fisheries managed pursuant to this Act, to recover the actual costs to the United States of management and enforcement under this Act, which shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Secretary under this Act; and (5) the issuance of permits to owners and operators of U.S. vessels to fish in the Convention Area seaward of the U.S. exclusive economic zone, under such terms and conditions as the Secretary may prescribe, including the period of time that a permit is valid. (c) Consistency with other laws The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this Act, the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. 16 U.S.C. 951 et seq. Public Law 108–219 16 U.S.C. 971 et seq. 16 U.S.C. 6901 et seq. (d) Secretarial actions Except as provided under subsection (e), the Secretary and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858 16 U.S.C. 1801 et seq. 16 U.S.C. 1858 (e) Jurisdiction of the courts (1) In general Subject to paragraphs (2) and (3), the district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act, and any such court may at any time— (A) enter restraining orders or prohibitions; (B) issue warrants, process in rem, or other process; (C) prescribe and accept satisfactory bonds or other security; and (D) take such other actions as are in the interest of justice. (2) Hawaii and Pacific insular areas In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that— (A) in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and (B) in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands. (3) Construction Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any other district authorized by law. Any offense not committed in any district is subject to the venue provisions of section 3238 (f) Confidentiality (1) In general Any information submitted to the Secretary in compliance with any requirement under this Act shall be confidential and may not be disclosed, except— (A) to a Federal employee who is responsible for administering, implementing, and enforcing this Act; (B) to the Commission, in accordance with requirements in the North Pacific Fisheries Convention and decisions of the Commission, and, insofar as possible, in accordance with an agreement with the Commission that prevents public disclosure of the identity or business of any person; (C) to State or Marine Fisheries Commission employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business or person; (D) when required by court order; or (E) when the Secretary has obtained written authorization from the person submitting such information to release such information to another person for a reason not otherwise provided for in this paragraph, and such release does not violate other requirements of this Act. (2) Use of information (A) In general Except as provided under subparagraph (B), the Secretary shall promulgate regulations regarding the procedures the Secretary considers necessary to preserve the confidentiality of information submitted under this Act. (B) Exception The Secretary may release or make public information submitted under this Act if the information is in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person. (3) Rule of construction Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary of any information submitted under this Act. 7. Prohibited acts (a) In general It is unlawful for any person— (1) to violate any provision of this Act or any regulation or permit issued pursuant to this Act; (2) to use any fishing vessel to engage in fishing activities after the revocation, or during the period of suspension, on an applicable permit issued pursuant to this Act; (3) to refuse to permit any officer authorized to enforce the provisions of this Act to board a fishing vessel subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act or any regulation, permit, or the North Pacific Fisheries Convention; (4) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection in connection with the enforcement of this Act or any regulation, permit, or the North Pacific Fisheries Convention; (5) to resist a lawful arrest for any act prohibited by this Act; (6) to knowingly and willfully ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fisheries resources taken or retained in violation of this Act or any regulation, permit, or agreement referred to in paragraph (1) or (2); (7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section; (8) to knowingly and willfully submit to the Secretary false information (including false information regarding the capacity and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a fishery that will be harvested by fishing vessels of the United States), regarding any matter that the Secretary is considering in the course of carrying out this Act; (9) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this Act, or any data collector employed by or under contract to any person to carry out responsibilities under this Act; (10) to engage in fishing activities in violation of any regulation adopted pursuant to this Act; (11) to knowingly and willfully ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fisheries resources taken or retained in violation of such regulations; (12) to fail to make, keep, or furnish any catch returns, statistical records, or other reports required by regulations adopted pursuant to this Act to be made, kept, or furnished; (13) to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the United States; or (14) to import, in violation of any regulation adopted pursuant to this Act, any fisheries resources in any form of those species subject to regulation pursuant to a recommendation, resolution, or decision of the Commission, or any fisheries resources in any form not under regulation but under investigation by the Commission, during the period such fisheries resources have been denied entry in accordance with the provisions of this Act. (b) Entry certification In the case of any fisheries resources described in subsection (a) offered for entry into the United States, the Secretary shall require proof satisfactory to the Secretary that such fisheries resources are not ineligible for such entry under the terms of this Act. 8. Cooperation in carrying out Convention (a) Federal and State agencies; private institutions and organizations The Secretary may cooperate with any Federal agency, any public or private institution or organization within the United States or abroad, and, through the Secretary of State, a duly authorized official of the government of any party to the North Pacific Fisheries Convention, in carrying out responsibilities under this Act. (b) Scientific and other programs; facilities and personnel Each Federal agency is authorized, upon the request of the Secretary, to cooperate in the conduct of scientific and other programs and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the North Pacific Fisheries Convention. (c) Sanctioned fishing operations and biological experiments Nothing in this Act, or in the laws of any State, prevents the Secretary or the Commission from— (1) conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation; or (2) discharging any other duties prescribed by the North Pacific Fisheries Convention. (d) State jurisdiction not affected Except as provided in subsection (e), nothing in this Act shall be construed to diminish or to increase the jurisdiction of any State in the territorial sea of the United States. (e) Application of regulations (1) In general Regulations promulgated under this Act shall apply within the boundaries of any State bordering on the Convention Area if— (A) the Secretary has provided notice to the State; (B) the State does not request a formal agency hearing; and (C) the Secretary determines that the State— (i) has not, within a reasonable period of time after the promulgation of regulations under this Act, enacted laws that implement the recommendations of the Commission within the boundaries of the State; or (ii) has enacted laws that implement the recommendations of the Commission within the boundaries of the State that— (I) are less restrictive than the regulations promulgated under this Act; or (II) are not effectively enforced. (2) Determination by Secretary The regulations promulgated under this Act shall apply until the Secretary determines that the State is effectively enforcing within that State's boundaries measures that are as restrictive or more restrictive than the regulations promulgated under this Act. (3) Formal agency hearing If a State requests a formal agency hearing, the Secretary shall not apply the regulations promulgated under this Act within that State’s boundaries unless the hearing record supports a determination under clause (i) or (ii) of paragraph (1)(C). (f) Review of State laws and regulations To ensure that the purposes of subsection (e) are carried out, the Secretary shall undertake a continuing review of the laws of each State to which subsection (e) applies or may apply and the extent to which such laws and regulations are enforced. 9. Territorial participation The Secretary of State shall ensure participation in the Commission and its subsidiary bodies by the Commonwealth of the Northern Mariana Islands to the same extent provided to the territories of other nations. 10. Exclusive economic zone notification Masters of commercial fishing vessels of nations fishing under the management authority of the North Pacific Fisheries Convention that do not carry vessel monitoring systems capable of communicating with U.S. enforcement authorities shall, prior to or as soon as reasonably possible after, entering and transiting the exclusive economic zone bounded by the Convention Area— (1) notify the U.S. Coast Guard of the name, flag state, location, route, and destination of the vessel and of the circumstances under which it will enter U.S. waters; (2) ensure that all fishing gear on board the vessel is stowed below deck or otherwise removed from the place it is normally used for fishing activities and placed where it is not readily available for fishing activities; and (3) if requested by an enforcement officer, proceed to a specified location so that a vessel inspection can be conducted. 11. Authorization of appropriations There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out this Act and to pay the United States contribution to the Commission under Article 12 of the North Pacific Fisheries Convention.

North Pacific Fisheries Convention Implementation Act

Lori Jackson Domestic Violence Survivor Protection Act - Amends federal firearms provisions to expand the definition of: (1) "intimate partner" to include a dating partner or former dating partner; and (2) "misdemeanor crime of domestic violence" to include a misdemeanor offense that has, as an element, the use or attempted use of force, or the threatened use of a deadly weapon, by a dating partner or former dating partner against the victim. Prohibits the sale or other disposition of a firearm or ammunition to, or the possession or receipt of a firearm by, a person subject to a court order, or an ex parte order, that restrains such person from: (1) harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury, including an order issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; or (2) intimidating or dissuading a witness from testifying in court.

113 S2483 IS: Lori Jackson Domestic Violence Survivor Protection Act U.S. Senate 2014-06-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2483 IN THE SENATE OF THE UNITED STATES June 17, 2014 Mr. Blumenthal Mr. Durbin Mrs. Murray Mrs. Boxer Mr. Murphy Mr. Markey Ms. Hirono Ms. Warren Committee on the Judiciary A BILL To amend title 18, United States Code, to protect more victims of domestic violence by preventing their abusers from possessing or receiving firearms, and for other purposes. 1. Short title This Act may be cited as the Lori Jackson Domestic Violence Survivor Protection Act 2. Definitions of intimate partner misdemeanor crime of domestic violence Section 921(a) (1) in paragraph (32)— (A) by striking and an individual an individual (B) by inserting , or a dating partner (as defined in section 2266) or former dating partner (2) in paragraph (33)(A)(ii)— (A) by striking or by by (B) by inserting , or by a dating partner (as defined in section 2266) or former dating partner of the victim 3. Unlawful sale of firearm to a person subject to court order Section 922(d)(8) (8) is subject to a court order described in subsection (g)(8); or . 4. List of persons subject to a restraining or similar order prohibited from possessing or receiving a firearm expanded Section 922(g)(8) (1) in the matter preceding subparagraph (A), by striking that (2) by striking subparagraphs (A) and (B) and inserting the following: (A) (i) that was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or (ii) in the case of an ex parte order, relating to which notice and opportunity to be heard are provided— (I) within the time required by State, tribal, or territorial law; and (II) in any event within a reasonable time after the order is issued, sufficient to protect the person’s right to due process; (B) that restrains such person from— (i) harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual, including an order that was issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; or (ii) intimidating or dissuading a witness from testifying in court; and ; and (3) in subparagraph (C)— (A) by striking intimate partner or child individual described in subparagraph (B) (B) in clause (i), by inserting that includes (C) in clause (ii), by inserting that by its

Lori Jackson Domestic Violence Survivor Protection Act

South Pacific Fisheries Convention Implementation Act - Authorizes Department of Commerce to promulgate regulations to implement the Convention on the Conservation and Management of the High Seas Fishery Resources in the South Pacific Ocean, which was adopted at Auckland, New Zealand, on November 14, 2009. (The Convention includes the objectives of ensuring the long term conservation and sustainable use of fishery resources and safeguarding the marine ecosystems in the Convention Area.) (Sec. 3) Limits U.S. representation on the South Pacific Fisheries Commission to no more than three commissioners. Requires the President to appoint the representative to the Commission. Establishes an advisory committee for the Commission. Requires Commerce to develop a memorandum of understanding with the Western Pacific Regional Fishery Management Council to clarify the role of the Council with respect to participating in or working with U.S. delegations to international fishery organizations and making recommendations related to fishery resources in the Convention Area. (Sec. 4) Sets forth Department of State's authority and responsibilities with respect to the Commission, including authorizing the State Department to approve, disapprove, object to, or withdraw objections to bylaws and rules adopted by the Commission. (Sec. 5) Authorizes Commerce to promulgate such regulations as may be necessary to carry out the U.S. international obligations under the South Pacific Fisheries Convention and this Act. Requires Commerce and Department of Homeland Security (DHS) to administer and enforce this Act, except to the extent otherwise provided for in the Magnuson-Stevens Fishery Conservation and Management Act. Gives the district courts of the United States exclusive jurisdiction over any case or controversy arising under this Act. (Sec. 7) Sets forth prohibited fishing and shipping acts in the Convention Area. (Sec. 9) Requires Commerce to ensure participation in the Commission and its subsidiary bodies by the by American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands to the same extent provided to the territories of other nations. (Sec. 10) Establishes notification requirements commercial fishing vessels before entering or transiting the exclusive economic zone of the Convention Area, if the vessels do not carry vessel monitoring systems capable of communicating with U.S. enforcement authorities. (Sec. 11) Authorizes appropriations to Commerce and the State Department to carry out this Act and to pay for the United State's contribution to the Commission. Requires Commerce or the State Department to provide appropriate assistance to assist developing nations in meeting their obligations under the Convention.

113 S2484 IS: South Pacific Fisheries Convention Implementation Act U.S. Senate 2014-06-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2484 IN THE SENATE OF THE UNITED STATES June 17, 2014 Mr. Schatz Committee on Commerce, Science, and Transportation A BILL To implement the Convention on the Conservation and Management of the High Seas Fishery Resources in the South Pacific Ocean, as adopted at Auckland on November 14, 2009, and for other purposes. 1. Short title This Act may be cited as the South Pacific Fisheries Convention Implementation Act 2. Definitions In this Act: (1) Advisory Committee The term Advisory Committee (2) Commission The term Commission (3) Commissioner The term Commissioner (4) Convention Area The term Convention Area (A) the waters of the Pacific Ocean beyond areas of national jurisdiction and in accordance with international law jurisdiction, bounded by the 10° parallel of north latitude and the 20° parallel of south latitude and by the 135° meridian of east longitude and the 150° meridian of west longitude; and (B) the waters of the Pacific Ocean beyond areas of national jurisdiction and in accordance with international law jurisdiction— (i) east of a line extending south along the 120° meridian of east longitude from the outer limit of the national jurisdiction of Australia off the south coast of Western Australia to the intersection with the 55° parallel of south latitude; then due east along the 55° parallel of south latitude to the intersection with the 150° meridian of east longitude; then due south along the 150° meridian of east longitude to the intersection with the 60° parallel of south latitude; (ii) north of a line extending east along the 60° parallel of south latitude from the 150° meridian of east longitude to the intersection with the 67° 16' meridian of west longitude; (iii) west of a line extending north along the 67° 16' meridian of west longitude from the 60° parallel of south latitude to its intersection with the outer limit of the national jurisdiction of Chile; then along the outer limits of the national jurisdictions of Chile, Peru, Ecuador and Colombia to the intersection with the 2° parallel of north latitude; and (iv) south of a line extending west along the 2° parallel of north latitude (but not including the national jurisdiction of Ecuador (Galapagos Islands)) to the intersection with the 150° meridian of west longitude; then due north along the 150° meridian of west longitude to its intersection with 10° parallel of north latitude; then west along the 10° parallel of north latitude to its intersection with the outer limits of the national jurisdiction of the Marshall Islands; and then generally south and around the outer limits of the national jurisdictions of Pacific States and territories, New Zealand and Australia until it connects to the commencement of the line described in clause (i). (5) Council The term Council (6) Exclusive economic zone The term exclusive economic zone (7) Fishery resources (A) In general The term fishery resources (B) Inclusions The term fishery resources (C) Exclusions The term fishery resources (i) sedentary species in so far as they are subject to the national jurisdiction of coastal States pursuant to Article 77 paragraph 4 of the 1982 Convention; (ii) highly migratory species listed in Annex I of the 1982 Convention; (iii) anadromous species; (iv) catadromous species; (v) marine mammals; (vi) marine reptiles; or (vii) sea birds. (8) Fishing (A) In general The term fishing (i) the actual or attempted searching for, catching, taking, or harvesting of fishery resources; (ii) engaging in any activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fishery resources for any purpose; (iii) transshipment and any operation at sea in direct support of, or in preparation for, any activity described in this subparagraph; and (iv) the use of any vessel, vehicle, aircraft, or hovercraft, in relation to any activity described in clauses (i) through (iii). (B) Exclusions The term fishing (9) Fishing vessel The term fishing vessel (10) Panel The term Panel (11) Person The term person (A) any individual, whether or not a citizen or national of the United States; (B) any corporation, partnership, association, or other entity, whether or not organized or existing under the laws of any State; and (C) any Federal, State, local, tribal, or foreign government or any entity of such government. (12) Secretary The term Secretary (13) South Pacific Fisheries Convention The term South Pacific Fisheries Convention (14) State The term State (15) Transshipment The term transshipment (16) 1982 Convention The term 1982 Convention 3. Appointment of United States Commissioner (a) Appointment The United States shall be represented on the Commission by 1 U.S. Commissioner. The President shall appoint an individual to serve on the Commission at the pleasure of the President. In making an appointment, the President shall select an individual who is knowledgeable or experienced concerning fishery resources in the South Pacific Ocean. (b) Alternate Commissioners The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time considered appropriate an alternate Commissioner to the Commission. An alternate Commissioner may exercise all powers and duties of a Commissioner in the absence, for whatever reason, of a Commissioner appointed under subsection (a). (c) Administrative matters (1) Employment status An individual serving as a Commissioner, or as an alternate Commissioner, other than an officer or employee of the U.S. Government, shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code and chapter 171 (2) Compensation An individual serving as a Commissioner or an alternate Commissioner, although an officer of the United States while so serving, shall receive no compensation for the individual’s services as such Commissioner or alternate Commissioner. (3) Travel expenses (A) In general The Secretary of State shall pay the necessary travel expenses of a Commissioner or an alternate Commissioner in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. (B) Reimbursement The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this paragraph. (d) Advisory committee (1) Establishment of permanent advisory committee (A) Membership There is established an advisory committee which shall be composed of— (i) not less than 15 nor more than 20 individuals appointed by the Secretary in consultation with the Commissioner, who shall select such individuals from the various groups concerned with the fishery resources covered by the South Pacific Fisheries Convention, providing, to the maximum extent practicable, an equitable balance among such groups; and (ii) the chairperson of the Panel or the chairperson’s designee. (B) Terms and privileges Each member of the Advisory Committee shall serve for a term of 2 years and shall be eligible for reappointment. The Commissioner shall notify in advance the Advisory Committee of each meeting of the Commission. The Advisory Committee may attend each meeting and may examine and be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission. (C) Procedures The Advisory Committee shall determine its organization and prescribe its practices and procedures for carrying out its functions under this Act, the South Pacific Fisheries Convention, and the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (D) Provision of information The Secretary and the Secretary of State shall furnish the Advisory Committee with relevant information concerning fishery resources and international fishery agreements. (2) Administrative matters (A) Support services The Secretary shall provide to the Advisory Committee in a timely manner such administrative and technical support services as are necessary to function effectively. (B) Compensation; status; expenses An individual appointed to serve as a member of the Advisory Committee— (i) shall serve without pay, but while away from the individual’s home or regular place of business in the performance of services for the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as a person employed intermittently in the Government service is allowed expenses under section 5703 (ii) shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 (e) Memorandum of understanding For fishery resources in the Convention Area, the Secretary, in coordination with the Secretary of State, shall develop a memorandum of understanding with the Council, that clarifies the role of the Council with respect to— (1) participation in U.S. delegations to international fishery organizations in the Pacific Ocean, including government-to-government consultations; (2) providing formal recommendations to the Secretary and the Secretary of State regarding necessary measures for both domestic and foreign vessels fishing for fishery resources; (3) coordinating positions with the U.S. delegation for presentation to the appropriate international fishery organization; and (4) recommending those domestic fishing regulations that are consistent with the actions of the international fishery organization, for approval and implementation under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 4. Authority and responsibility of the Secretary of State The Secretary of State may— (1) receive and transmit, on behalf of the United States, reports, requests, recommendations, proposals, decisions, and other communications of and to the Commission; (2) in consultation with the Secretary, approve, disapprove, object to, or withdraw objections to bylaws and rules, or amendments thereof, adopted by the Commission; (3) with the concurrence of the Secretary, approve or disapprove the general annual program of the Commission with respect to conservation and management measures and other measures proposed or adopted in accordance with the South Pacific Fisheries Convention; and (4) act upon, or refer to other appropriate authority, any communication under paragraph (1). 5. Rulemaking authority of the Secretary of Commerce (a) Promulgation of regulations The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the department in which the Coast Guard is operating, is authorized to promulgate such regulations as may be necessary to carry out U.S. international obligations under the South Pacific Fisheries Convention and this Act, including recommendations and decisions adopted by the Commission. If the Secretary has discretion in the implementation of 1 or more measures adopted by the Commission that would govern fishery resources under the authority of the Council, the Secretary may promulgate, to the extent practicable within the implementation schedule of the South Pacific Fisheries Convention and any recommendations and decisions adopted by the Commission, such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (b) Judicial review of regulations (1) In general Regulations promulgated by the Secretary under this Act shall be subject to judicial review to the extent authorized by, and in accordance with, chapter 7 (2) Responses Notwithstanding any other provision of law, the Secretary shall file a response to any petition filed in accordance with paragraph (1), not later than 30 days after the date the Secretary is served with that petition, except that the appropriate court may extend the period for filing such a response upon a showing by the Secretary of good cause for that extension. (3) Copies of administrative record A response of the Secretary under paragraph (2) shall include a copy of the administrative record for the regulations that are the subject of the petition. (4) Expedited hearings Upon a motion by the person who files a petition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date. 6. Enforcement (a) In general The Secretary and the Secretary of the department in which the Coast Guard is operating— (1) shall administer and enforce this Act and any regulations issued under this Act, except to the extent otherwise provided for in the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (2) may request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in the administration and enforcement of this Act. (b) Additional authority The Secretary may conduct, and may request and utilize on a reimbursed or non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in— (1) scientific, research, and other programs under this Act; (2) fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the South Pacific Fisheries Convention; (3) the collection, utilization, and disclosure of such information as may be necessary to implement the South Pacific Fisheries Convention, subject to sections 552 and 552a of title 5, United States Code, and section 402(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881a(b) (4) if recommended by the Commissioner or proposed by the Council, the assessment and collection of fees, not to exceed 3 percent of the ex-vessel value of fish harvested by vessels of the United States from fishery resources managed under this Act, to recover the actual costs to the United States of management and enforcement under this Act, which shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to carry out the functions of the Secretary under this Act; and (5) the issuance of permits to owners and operators of U.S. vessels to fish in the Convention Area seaward of the U.S. exclusive economic zone, under such terms and conditions as the Secretary may prescribe, including the period of time that a permit is valid. (c) Consistency with other laws The Secretary shall ensure the consistency, to the extent practicable, of fishery management programs administered under this Act, the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. 16 U.S.C. 951 et seq. Public Law 108–219 16 U.S.C. 971 et seq. 16 U.S.C. 6901 et seq. (d) Secretarial actions Except as provided under subsection (e), the Secretary and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858 16 U.S.C. 1801 et seq. 16 U.S.C. 1858 (e) Jurisdiction of the courts (1) In general Subject to paragraphs (2) and (3), the district courts of the United States shall have exclusive jurisdiction over any case or controversy arising under the provisions of this Act, and any such court may at any time— (A) enter restraining orders or prohibitions; (B) issue warrants, process in rem, or other process; (C) prescribe and accept satisfactory bonds or other security; and (D) take such other actions as are in the interest of justice. (2) Hawaii and Pacific insular areas In the case of Hawaii or any possession of the United States in the Pacific Ocean, the appropriate court is the United States District Court for the District of Hawaii, except that— (A) in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and (B) in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands. (3) Construction Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any other district authorized by law. Any offense not committed in any district is subject to the venue provisions of section 3238 (f) Confidentiality (1) In general Any information submitted to the Secretary in compliance with any requirement under this Act shall be confidential and may not be disclosed, except— (A) to a Federal employee who is responsible for administering, implementing, and enforcing this Act; (B) to the Commission, in accordance with requirements in the South Pacific Fisheries Convention and decisions of the Commission, and, insofar as possible, in accordance with an agreement with the Commission that prevents public disclosure of the identity or business of any person; (C) to a State or Marine Fisheries Commission employee pursuant to an agreement with the Secretary that prevents public disclosure of the identity of any business or individual; (D) when required by court order; or (E) when the Secretary has obtained written authorization from the person submitting such information to release such information to another person for a reason not otherwise provided for in this paragraph, and such release does not violate other requirements of this Act. (2) Use of information (A) In general Except as provided under subparagraph (B), the Secretary shall promulgate regulations regarding the procedures the Secretary considers necessary to preserve the confidentiality of information under this Act. (B) Exception The Secretary may release or make public information submitted under this Act if the information is in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person. (3) Rule of construction Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary of any information submitted under this Act. 7. Prohibited acts (a) In general It is unlawful for any person— (1) to violate any provision of this Act or any regulation or permit issued pursuant to this Act; (2) to use any fishing vessel to engage in fishing after the revocation, or during the period of suspension, on an applicable permit issued under this Act; (3) to refuse to permit any officer authorized to enforce the provisions of this Act to board a fishing vessel subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act or the South Pacific Fisheries Convention; (4) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection in connection with the enforcement of this Act or the South Pacific Fisheries Convention; (5) to resist a lawful arrest for any act prohibited by this Act; (6) to knowingly and willfully ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fishery resource taken or retained in violation of this Act or any regulation, permit, or agreement referred to in paragraph (1) or (2); (7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section; (8) to knowingly and willfully submit to the Secretary false information (including false information regarding the capacity and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a fishery that will be harvested by fishing vessels of the United States), regarding any matter that the Secretary is considering in the course of carrying out this Act; (9) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this Act, or any data collector employed by or under contract to any person to carry out responsibilities under this Act; (10) to engage in fishing in violation of any regulation adopted pursuant to this Act; (11) to knowingly and willfully ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fishery resource taken or retained in violation of such regulations; (12) to fail to make, keep, or furnish any catch returns, statistical records, or other reports required to be made, kept, or furnished under this Act; (13) to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the United States; or (14) to import, in violation of any regulation adopted pursuant to this Act, any fishery resource in any form of those species subject to regulation pursuant to a recommendation, resolution, or decision of the Commission, or any fishery resource in any form not under regulation but under investigation by the Commission, during the period the fishery resource has been denied entry in accordance with the provisions of this Act. (b) Entry certification In the case of any fishery resource described in subsection (a) offered for entry into the United States, the Secretary shall require proof satisfactory to the Secretary that the fishery resource is not ineligible for such entry under the terms of this Act. 8. Cooperation in carrying out Convention (a) Federal and State agencies; private institutions and organizations The Secretary may cooperate with any Federal agency, any public or private institution or organization within the United States or abroad, and, through the Secretary of State, a duly authorized official of the government of any party to the South Pacific Fisheries Convention, in carrying out responsibilities under this Act. (b) Scientific and other programs; facilities and personnel Each Federal agency is authorized, upon the request of the Secretary, to cooperate in the conduct of scientific and other programs and to furnish facilities and personnel for the purpose of assisting the Commission in carrying out its duties under the South Pacific Fisheries Convention. (c) Sanctioned fishing operations and biological experiments Nothing in this Act, or in the laws of any State, prevents the Secretary or the Commission from— (1) conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation; or (2) discharging any other duties prescribed by the South Pacific Fisheries Convention. (d) State jurisdiction not affected Except as provided in subsection (e), nothing in this Act shall be construed to diminish or to increase the jurisdiction of any State in the territorial sea of the United States. (e) Application of regulations (1) In general Regulations promulgated under this Act shall apply within the boundaries of any State bordering on the Convention Area if— (A) the Secretary has provided notice to the State; (B) the State does not request a formal agency hearing; and (C) the Secretary determines that the State— (i) has not, within a reasonable period of time after the promulgation of regulations under this Act, enacted laws that implement the recommendations of the Commission within the boundaries of the State; or (ii) has enacted laws that implement the recommendations of the Commission within the boundaries of the State that— (I) are less restrictive than the regulations promulgated under this Act; or (II) are not effectively enforced. (2) Determination by Secretary The regulations promulgated under this Act shall apply until the Secretary determines that the State is effectively enforcing within that State’s boundaries measures that are as or more restrictive than the regulations promulgated under this Act. (3) Formal agency hearing If a State requests a formal agency hearing, the Secretary shall not apply the regulations promulgated under this Act within that State’s boundaries unless the hearing record supports a determination under clause (i) or (ii) of paragraph (1)(C). (f) Review of State laws and regulations To ensure that the purposes of subsection (e) are carried out, the Secretary shall undertake a continuing review of the laws of each State to which subsection (e) applies or may apply and the extent to which such laws and regulations are enforced. 9. Territorial participation The Secretary of State shall ensure participation in the Commission and its subsidiary bodies by American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands to the same extent provided to the territories of other nations. 10. Exclusive economic zone notification Masters of commercial fishing vessels of nations fishing under the management authority of the South Pacific Fisheries Convention that do not carry vessel monitoring systems capable of communicating with U.S. enforcement authorities shall, prior to, or as soon as reasonably possible after, entering and transiting the exclusive economic zone seaward of the Convention Area— (1) notify the U.S. Coast Guard of the name, flag state, location, route, and destination of the vessel and of the circumstances under which it will enter U.S. waters; (2) ensure that all fishing gear on board the vessel is stowed below deck or otherwise removed from the place it is normally used for fishing and placed where it is not readily available for fishing; and (3) if requested by an enforcement officer, proceed to a specified location so that a vessel inspection can be conducted. 11. Authorization of appropriations There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out this Act and to pay the United States contribution to the Commission under Article 15 of the South Pacific Fisheries Convention.

South Pacific Fisheries Convention Implementation Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Northwest Atlantic Fisheries Convention Amendments Act - (Sec. 9) Reauthorizes and amends the Northwest Atlantic Fisheries Convention Act of 1995, which provides for: (1) the implementation of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done in Ottawa on October 24, 1978 (1978 Convention); and (2) the management and conservation of fish in the Conservation area (specified waters in the Northwest Atlantic Ocean). Provides for the implementation of the Convention on Cooperation in the Northwest Atlantic Fisheries, as adopted in Lisbon on September 28, 2007, which amends the 1978 Convention. Applies this Act to all fish, mollusks, and crustaceans within the Convention, excluding: (1) sedentary species over which coastal states may exercise sovereign rights consistent with the United Nations Convention on the Law of the Sea of 10 December 1982 (1982 Convention), and (2) anadromous and catadromous stocks and highly migratory species managed under other international treaties and listed in the 1982 Convention. Applies this Act to vessels engaged in fishing activities, including fish harvesting vessels, fish processing vessels, vessels engaged in transshipment of fishery resources, and vessels engaged in experimental or exploratory fishing activities. (Sec. 10) Repeals provisions requiring the Secretary of Commerce to establish and report on a new quota allocation practice.

113 S2485 IS: Northwest Atlantic Fisheries Convention Amendments Act U.S. Senate 2014-06-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2485 IN THE SENATE OF THE UNITED STATES June 17, 2014 Mr. Markey Committee on Commerce, Science, and Transportation A BILL To implement the Amendment to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, as adopted at Lisbon on September 28, 2007. 1. Short title; references to the Northwest Atlantic Fisheries Convention Act of 1995 (a) Short title This Act may be cited as the Northwest Atlantic Fisheries Convention Amendments Act (b) References to the Northwest Atlantic Fisheries Convention Act of 1995 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 Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.). 2. Representation of the United States under Convention Section 202 ( 16 U.S.C. 5601 (1) in subsection (a)(1), by striking General Council and the Fisheries (2) in subsection (b)(1), by striking at a meeting of the General Council or the Fisheries Commission (3) in subsection (b)(2), by striking , at any meeting of the General Council or the Fisheries Commission for which the alternate Commission is designated (4) in subsection (d)(1), by striking at a meeting of the Scientific Council (5) in subsection (d)(2), by striking , at any meeting of the Scientific Council for which the Alternative Representative is designated 3. Requests for scientific advice Section 203 ( 16 U.S.C. 5602 (1) in subsection (a)— (A) by striking The Representatives may A Representative may (B) by striking described in subsection (b)(1) or (2) described in paragraph (1) or (2) of subsection (b) (C) by striking the Representatives have the Representative has (2) by striking VII(1) VII(10)(b) (3) in subsection (b)(2), by striking VIII(2) VII(11) 4. Authorities of Secretary of State with respect to Convention Section 204 ( 16 U.S.C. 5603 Fisheries Commission Commission consistent with the procedures detailed in Articles XIV and XV of the Convention 5. Interagency cooperation Section 205(a) ( 16 U.S.C. 5604(a) (a) Authorities of the Secretary In carrying out the provisions of the Convention and this Act, the Secretary may arrange for cooperation with— (1) any department, agency, or instrumentality of the United States; (2) a State; (3) a Council; or (4) a private institution or an organization. . 6. Prohibited acts and penalties Section 207 ( 16 U.S.C. 5606 fish fishery resources 7. Consultative committee Section 208 ( 16 U.S.C. 5607 General Council or the Fisheries 8. Definitions Section 210 ( 16 U.S.C. 5609 210. Definitions In this Act— (1) 1982 Convention The term 1982 Convention (2) Authorized enforcement officer The term authorized enforcement officer (3) Commission The term Commission (4) Commissioner The term Commissioner (5) Convention The term Convention (6) Convention Area The term Convention Area (7) Council The term Council (8) Fishery resources (A) In general The term fishery resources (B) Exclusions The term fishery resources (i) sedentary species over which coastal States may exercise sovereign rights consistent with Article 77 of the 1982 Convention; or (ii) in so far as they are managed under other international treaties, anadromous and catadromous stocks and highly migratory species listed in Annex I of the 1982 Convention. (9) Fishing activities (A) In general The term fishing activities (B) Inclusions The term fishing activities (i) the actual or attempted searching for or catching or taking of fishery resources; (ii) any activity that can reasonably be expected to result in locating, catching, taking, or harvesting of fishery resources for any purpose; and (iii) any operation at sea in support of, or in preparation for, any activity described in this paragraph. (C) Exclusions The term fishing activities (10) Fishing vessel (A) In general The term fishing vessel (B) Inclusions The term fishing vessel (11) Organization The term Organization (12) Person The term person (13) Representative The term Representative (14) Scientific Council The term Scientific Council (15) Secretary The term Secretary (16) State The term State (17) Transshipment The term transshipment . 9. Authorization of appropriations Section 211 ( 16 U.S.C. 5610 (1) by striking XVI IX (2) by striking through fiscal year 2012 10. Quota allocation practice Section 213 ( 16 U.S.C. 5612

Northwest Atlantic Fisheries Convention Amendments Act

Restoring Overtime Pay for Working Americans Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to establish salary thresholds for the exemption of executive, administrative, and professional employees from federal minimum wage and maximum hour requirements (allowing these individuals to receive overtime pay.) Establishes salary thresholds also for exemption of highly compensated employees from these FLSA requirements, if the Secretary of Labor determines such employees may be exempted. Prescribes a fine for any employer who repeatedly or willfully violates the FLSA requirement to make, keep, and preserve records of employees and their wages, hours, and other conditions and practices of employment.

113 S2486 IS: Restoring Overtime Pay for Working Americans Act U.S. Senate 2014-06-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2486 IN THE SENATE OF THE UNITED STATES June 18, 2014 Mr. Harkin Mrs. Murray Mr. Sanders Mr. Casey Ms. Warren Mr. Leahy Mrs. Boxer Mr. Brown Mr. Markey Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to establish salary thresholds for and limitations on executive, administrative, and professional employees and address highly compensated employees, for purposes of the requirements for exemption from the Federal minimum wage and maximum hour provisions, and for other purposes. 1. Short title This Act may be cited as the Restoring Overtime Pay for Working Americans Act 2. Salary thresholds, highly compensated employees, and primary duties (a) Salary thresholds for executive, administrative, and professional employees Section 13 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213 (1) in subsection (a)(1), by inserting before ; or , subject to the requirement that any employee whom the Secretary determines is required to be paid on a salary (or equivalent fee basis) in order to be exempt under this subsection shall, in order to be so exempt, receive compensation at a rate of not less than the salary rate (or equivalent fee basis) determined under subsection (k) (2) by adding at the end the following: (k) Salary rate (or equivalent fee basis) (1) In general The salary rate (or equivalent fee basis) determined under this subsection for purposes of subsection (a)(1) shall be— (A) beginning 1 year after the first day of the first month that begins after the date of enactment of the Restoring Overtime Pay for Working Americans Act, $665 per week; (B) beginning 2 years after such first day, $865 per week; (C) beginning 3 years after such first day, $1,090 per week; and (D) beginning on the date that is 4 years after such first day, and on such first day in each succeeding year, an adjusted amount that is— (i) not less than the amount in effect under this paragraph on the day before the date of such adjustment; (ii) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers; and (iii) rounded to the nearest multiple of $1.00. (2) Special rule Notwithstanding paragraph (1), for any employee for whom the minimum wage would otherwise be determined pursuant to section 8103(b) of the Fair Minimum Wage Act of 2007 ( 29 U.S.C. 206 (l) Primary duty In any case where an employer classifies an employee as an employee employed in a bona fide executive, administrative, or professional capacity, for the purpose of subsection (a)(1), or in a position described in subsection (a)(17), for the purpose of such subsection, such employee shall not spend more than 50 percent of such employee's work hours in a workweek on duties that are not exempt under paragraph (1) or (17) of subsection (a), respectively. (m) Definitions For the purposes of this section: (1) Annual percentage increase The term annual percentage increase (2) Consumer Price Index for Urban Wage Earners and Clerical Workers The term Consumer Price Index for Urban Wage Earners and Clerical Workers . (b) Highly compensated employees (1) In general If the Secretary of Labor, in the discretion of such Secretary, determines that an employee may be exempt for purposes of section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), as a highly compensated employee (as such term is defined and delimited by the Secretary), then the level of total annual compensation necessary for such exemption shall be— (A) beginning 1 year after the first day of the first month that begins after the date of enactment of this Act, $108,000; (B) beginning 2 years after such first day, $116,000; (C) beginning 3 years after such first day, $125,000; and (D) beginning on the date that is 4 years after such first day, and for each succeeding calendar year, an adjusted amount that is— (i) not less than the amount in effect under this paragraph on the day before the date of such adjustment; (ii) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers; and (iii) rounded to the nearest multiple of $1.00. (2) Rule of construction Nothing in this subsection or the regulations promulgated by the Secretary of Labor under this subsection shall override any provision of a collective bargaining agreement that provides for overtime employment compensation, or rights to such compensation, that exceed the requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). (3) Definitions For purposes of this subsection, the terms annual percentage increase Consumer Price Index for Urban Wage Earners and Clerical Workers 29 U.S.C. 213(m) (c) Publication of notice (1) In general Not later than 60 days before the effective date of any adjustment in the salary rate (or equivalent fee basis) required under section 13(k)(1)(D) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(k)(1)(D) (2) Nonapplicability of rulemaking requirements The provisions of section 553 (d) Penalties Section 16(e)(2) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(e)(2) or section 11(c), relating to the records that each employer is required to make, keep, and preserve, relating to wages, (e) Effective date This Act, and the amendments made by this Act, shall take effect on the date that is 1 year after the first day of the first month that begins after the date of enactment of this Act.

Restoring Overtime Pay for Working Americans Act

Access to Capital, Access to Opportunity Act - Amends the Small Business Act to increase from $50,000 to $100,000 the maximum amount of a loan under the microloan program. Authorizes the Administrator of the Small Business Administration (SBA) to use amounts made available for administrative expenses to carry out the direct and guaranteed loan programs to pay for any costs associated with these increases. Requires the Administrator to develop and adopt outcome-oriented standards to measure the microloan program's performance, including the recommendations provided in the SBA Office of Inspector General Memorandum ROM-10-10, "SBA's Administration of the Microloan Program under the Recovery Act," issued December 28, 2009. Authorizes the Administrator to educate individuals, including owners and operators of small businesses and aspiring entrepreneurs, about the microloan program.

113 S2487 IS: Access to Capital, Access to Opportunity Act U.S. Senate 2014-06-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2487 IN THE SENATE OF THE UNITED STATES June 18, 2014 Mrs. Fischer Mr. Scott Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to increase the maximum loan limits under the microloan program, and for other purposes. 1. Short title This Act may be cited as the Access to Capital, Access to Opportunity Act 2. Definitions In this Act— (1) the terms Administration Administrator (2) the term microloan program 15 U.S.C. 636(m) (3) the term small business concern 15 U.S.C. 632 3. Maximum loan limits under microloan program (a) In general Section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) (1) in paragraph (1)(B)(iii), by striking $50,000 $100,000 (2) in paragraph (3)(E), by striking $50,000 $100,000 (3) in paragraph (11)(B), by striking $50,000 $100,000 (b) Funding The Administrator may use amounts made available to the Administrator for administrative expenses to carry out the direct and guaranteed loan programs to pay for any costs associated with the amendments made under subsection (a). 4. Adoption of outcome-oriented performance measures Not later than 180 days after the date of enactment of this Act, the Administrator shall develop and adopt outcome-oriented standards to measure the performance of the microloan program, including the recommendations provided in the Office of the Inspector General of the Administration Memorandum ROM–10–10, SBA's Administration of the Microloan Program under the Recovery Act, issued December 28, 2009. 5. Education on the microloan program Section 7(m)(1)(B) of the Small Business Act ( 15 U.S.C. 636(m)(1)(B) (1) in clause (ii), by striking and (2) in clause (iii), by striking the period at the end and inserting ; and (3) by adding at the end the following: (iv) to educate individuals, including owners and operators of small business concerns and aspiring entrepreneurs, about the microloan program. .

Access to Capital, Access to Opportunity Act

American Jobs for American Infrastructure Act - Amends the Internal Revenue Code to appropriate to the Highway Account and Mass Transit Account of the Highway Trust Fund for FY2014-FY2018 amounts necessary to ensure that the balance of each Account for any quarter is not less than specified levels. Declares the sense of Congress that Congress should provide annual inflation increases for the Federal Lands Access Program, the Federal Lands Transportation Program, and the Tribal Transportation Program in the next Surface Transportation reauthorization. Establishes in the Treasury a Reclamation Water Infrastructure Fund, to be administered by the Secretary of the Interior and used for: (1) rural water projects; (2) deferred maintenance of certain Indian irrigation projects; and (3) construction, planning, and design of projects to settle Indian reserved water rights. Establishes in the Treasury an Energy Upgrade and Retrofit Infrastructure Fund, to be administered by the Secretary of Energy (DOE) and used to: (1) support novel and innovative technologies to capture or prevent carbon dioxide emissions, as well as enable the beneficial use and long-term storage of carbon dioxide; and (2) fund certain commercial-scale, coal-fired electric generation units. Amends the Internal Revenue Code of 1986 to make a special rule to prohibit income deductions allocated to deferred foreign income from offsetting U.S. source income. Requires foreign-related deductions to be allocated to currently-taxed foreign income in the same proportion which currently-taxed foreign income bears to the sum of currently-taxed foreign income and deferred foreign income. Revises rules related to inverted domestic corporations (which used to be incorporated in the United States, or used to be a partnership in the United States, but now are incorporated in a foreign country, or are subsidiaries whose parent corporations are incorporated in a foreign country). Treats as an inverted domestic corporation, for income tax purposes, any foreign corporation (entity) which after May 8, 2014, completes the direct or indirect acquisition of substantially all of the properties or assets of a domestic corporation, and after the acquisition either: (1) more than 50% (currently, in different specified circumstances, 60% or 80%) of the entity's stock is held by former shareholders of the domestic corporation by reason of holding stock in that domestic corporation; or (2) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and the expanded affiliated group has significant domestic business activities. Applies similar rules to an entity's acquisition of a domestic partnership. Dedicates to deficit reduction $1 billion of any increase in revenue to the Treasury by reason of this Act.

113 S2489 IS: American Jobs for American Infrastructure Act U.S. Senate 2014-06-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2489 IN THE SENATE OF THE UNITED STATES June 18, 2014 Mr. Walsh Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to ensure that sufficient funding is made available for the Highway Trust Fund, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the American Jobs for American Infrastructure Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Highway Trust Fund Sec. 101. Ensuring sufficient funding for the Highway Trust Fund. Sec. 102. Sense of Congress regarding the Surface Transportation reauthorization. TITLE II—Water infrastructure Sec. 201. Reclamation Water Infrastructure Fund. Sec. 202. Sense of Congress regarding direction of Secretary of the Interior. TITLE III—Energy infrastructure Sec. 301. Energy Upgrade and Retrofit Infrastructure Fund. Sec. 302. Sense of Congress regarding direction of Secretary of Energy. TITLE IV—Taxation of foreign income Sec. 401. Allocation of expenses and taxes on basis of repatriation of foreign income. Sec. 402. Modifications to rules relating to inverted corporations. TITLE V—Deficit Reduction Sec. 501. Deficit reduction. I Highway Trust Fund 101. Ensuring sufficient funding for the Highway Trust Fund (a) In general Section 9503(f) (5) Ensuring adequate balances in Highway Account and Mass Transit Account For the period of fiscal years 2014 through 2018, out of money in the Treasury not otherwise appropriated, there are hereby appropriated— (A) in the case of the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund, such amounts as are determined by the Secretary to be necessary to ensure that the balance of such account is not less than $4,000,000,000 for any quarter during such period, and (B) in the case of the Mass Transit Account in the Highway Trust Fund, such amounts as are determined by the Secretary to be necessary to ensure that the balance of such account is not less than $1,000,000,000 for any quarter during such period. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 102. Sense of Congress regarding the Surface Transportation reauthorization It is the sense of Congress that Congress should provide annual inflation increases for the Federal Lands Access Program, the Federal Lands Transportation Program, and the Tribal Transportation Program in the next Surface Transportation reauthorization. II Water infrastructure 201. Reclamation Water Infrastructure Fund (a) Establishment of Fund There is established in the Treasury a fund to be known as the Reclamation Water Infrastructure Fund Fund (b) Deposits For the period of fiscal years 2015 through 2036, the Secretary of the Treasury shall deposit in the Fund— (1) of the revenues that would otherwise be deposited for each fiscal year in the reclamation fund established by the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093), $150,000,000; and (2) out of amounts in the Treasury not otherwise obligated, $6,500,000,000. (c) Investment (1) In general The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. (2) Credits to Fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund. (d) Prohibition Amounts in the Fund may not be made available for any purpose other than a purpose described in subsection (e). (e) Use of funds The Secretary of the Interior may use amounts in the Fund for the following purposes: (1) Rural water projects To complete construction (but not including operation or maintenance) of rural water projects— (A) that were authorized to be carried out by the Secretary on or before the date of enactment of this Act; or (B) for which— (i) pursuant to section 106(e) of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2405(e) (ii) an Act enacted after the date of enactment of this Act authorizes construction. (2) Deferred maintenance of Indian irrigation projects To address deferred maintenance needs of Indian irrigation projects (including maintenance, repair, and replacement activities for any structures, facilities, equipment, or vehicles used in connection with the operation of those projects) that, on the date of enactment of this Act— (A) are owned by the Federal Government, as listed in the Federal inventory required by Executive Order 13327 ( 40 U.S.C. 121 (B) are managed by the Bureau of Indian Affairs (including projects managed under contracts or compacts pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)); and (C) have deferred maintenance documented by the Bureau of Indian Affairs. (3) Indian reserved water rights settlements To provide amounts to complete construction, planning, and design of any project, or to implement any provision of Federal law, that— (A) settles or otherwise resolves, in whole or in part, litigation involving the United States and the rights of one or more federally recognized Indian tribes to access, use, or manage water resources; or (B) implements an agreement approved by Congress pursuant to which one or more federally recognized Indian tribes agree to some limitation on the exercise of rights or claims to access, use, or manage water resources. (f) Annual reports (1) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2015, the Secretary of the Interior shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, and authorizing committees a report on the operation of the Fund during the fiscal year. (2) Contents Each report shall include, for the fiscal year covered by the report, the following: (A) A statement of the amounts deposited into the Fund. (B) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (C) Recommendations for additional authorities to fulfill the purpose of the Fund. (D) A statement of the balance remaining in the Fund at the end of the fiscal year. 202. Sense of Congress regarding direction of Secretary of the Interior It is the sense of Congress that Congress should provide direction to the Secretary of the Interior with respect to expenditures under this title, including— (1) requirements under the annual budget submission of the President; (2) annual reporting requirements describing final allocations; (3) programmatic goals to carry out this title; and (4) funding prioritization criteria to serve as a methodology for distributing funds. III Energy infrastructure 301. Energy Upgrade and Retrofit Infrastructure Fund (a) Establishment of Fund There is established in the Treasury a fund to be known as the Energy Upgrade and Retrofit Infrastructure Fund Fund (b) Deposits For the period of fiscal years 2015 through 2034, the Secretary of the Treasury shall deposit in the Fund, out of amounts in the Treasury not otherwise obligated, $8,000,000,000. (c) Investment (1) In general The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. (2) Credits to Fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund. (d) Prohibition Amounts in the Fund may not be made available for any purpose other than a purpose described in subsection (e). (e) Use of funds (1) In general Of amounts in the Fund, the Secretary of Energy may use, in accordance with this title, such sums as are necessary to provide grants, loans, loan guarantees, or other credit financing instruments, including any such instruments under the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.), to support novel and innovative technologies that— (A) capture or prevent carbon dioxide emissions from carbon-based fuels; (B) enable the beneficial use of carbon dioxide and other greenhouse gases; (C) enable the long-term storage of carbon dioxide; (D) reduce net carbon emissions from the fleet of electric generation units in a State or region of the bulk electric system; or (E) construct, upgrade, or retrofit electric transmission property that serves the public interest by facilitating the deployment of low-carbon energy sources while ensuring reliability and reducing congestion. (2) Prioritization In carrying out paragraph (1), the Secretary of Energy shall give priority to projects that upgrade or retrofit existing infrastructure for the generation and transmission of electric power. (3) Commercial-scale coal technology (A) Expenditure Not less than 60 percent of amounts expended under this subsection shall be for commercial-scale, coal-fired electric generation units— (i) designed to generate and sell electric power directly to consumers or for resale; and (ii) with a carbon dioxide capture and storage system having a useful life of not fewer than 15 years. (B) Eligible projects Eligible projects under this paragraph include projects for— (i) the construction of new coal-fired electric generation units; (ii) the retrofitting of existing coal-fired electric generation units; or (iii) the construction of carbon dioxide transmission pipelines to transport carbon dioxide from carbon capture and sequestration facilities to— (I) sequestration sites; or (II) sites at which the carbon dioxide will be used for hydrocarbon recovery. (f) Annual reports (1) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2015, the Secretary of Energy shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, and authorizing committees a report on the operation of the Fund during the fiscal year. (2) Contents Each report shall include, for the fiscal year covered by the report, the following: (A) A statement of the amounts deposited into the Fund. (B) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (C) Recommendations for additional authorities to fulfill the purpose of the Fund. (D) A statement of the balance remaining in the Fund at the end of the fiscal year. 302. Sense of Congress regarding direction of Secretary of Energy It is the sense of Congress that Congress should provide direction to the Secretary of Energy with respect to effects of expenditures under this title on other applicable Federal programs and laws, including— (1) provisions of the Internal Revenue Code of 1986 that affect electric power generation and transmission; (2) existing standards with respect to the percentage of carbon dioxide required to be captured and stored by projects that receive Federal funds; and (3) liability standards with respect to the long-term storage of carbon dioxide. IV Taxation of foreign income 401. Allocation of expenses and taxes on basis of repatriation of foreign income (a) In general Part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after subpart G the following new subpart: H Special Rules for Allocation of Foreign-Related Deductions Sec. 975. Deductions allocated to deferred foreign income may not offset United States source income. 975. Deductions allocated to deferred foreign income may not offset United States source income (a) Current year deductions For purposes of this chapter, foreign-related deductions for any taxable year— (1) shall be taken into account for such taxable year only to the extent that such deductions are allocable to currently-taxed foreign income, and (2) to the extent not so allowed, shall be taken into account in subsequent taxable years as provided in subsection (b). Foreign-related deductions shall be allocated to currently-taxed foreign income in the same proportion which currently-taxed foreign income bears to the sum of currently-taxed foreign income and deferred foreign income. (b) Deductions related to repatriated deferred foreign income (1) In general If there is repatriated foreign income for a taxable year, the portion of the previously deferred deductions allocated to the repatriated foreign income shall be taken into account for the taxable year as a deduction allocated to income from sources outside the United States. Any such amount shall not be included in foreign-related deductions for purposes of applying subsection (a) to such taxable year. (2) Portion of previously deferred deductions For purposes of paragraph (1), the portion of the previously deferred deductions allocated to repatriated foreign income is— (A) the amount which bears the same proportion to such deductions, as (B) the repatriated income bears to the previously deferred foreign income. (c) Definitions and special rule For purposes of this section— (1) Foreign-related deductions The term foreign-related deductions (2) Currently-taxed foreign income The term currently-taxed foreign income (3) Deferred foreign income The term deferred foreign income (A) the amount that would be includible in gross income under subpart F of this part for the taxable year if— (i) all controlled foreign corporations were treated as one controlled foreign corporation, and (ii) all earnings and profits of all controlled foreign corporations were subpart F income (as defined in section 952), over (B) the sum of— (i) all dividends received during the taxable year from controlled foreign corporations, plus (ii) amounts includible in gross income under section 951(a). (4) Previously deferred foreign income The term previously deferred foreign income (5) Repatriated foreign income The term repatriated foreign income (6) Previously deferred deductions The term previously deferred deductions (7) Treatment of certain foreign taxes (A) Paid by controlled foreign corporation Section 78 shall not apply for purposes of determining currently-taxed foreign income and deferred foreign income. (B) Paid by taxpayer For purposes of determining currently-taxed foreign income, gross income from sources without the United States shall be reduced by the aggregate amount of taxes described in the applicable paragraph of section 901(b) which are paid by the taxpayer (without regard to sections 902 and 960) during the taxable year. (d) Application of section This section— (1) shall be applied before subpart A, and (2) shall be applied separately with respect to the categories of income specified in section 904(d)(1). . (b) Clerical amendment The table of subparts for part III of subpart N of chapter 1 of such Code is amended by inserting after the item relating to subpart G the following new item: Subpart H. Special Rules for Allocation of Foreign-Related Deductions . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 402. Modifications to rules relating to inverted corporations (a) In general Subsection (b) of section 7874 (b) Inverted corporations treated as domestic corporations (1) In general Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if— (A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting 80 percent 60 percent (B) such corporation is an inverted domestic corporation. (2) Inverted domestic corporation For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes after May 8, 2014, the direct or indirect acquisition of— (i) substantially all of the properties held directly or indirectly by a domestic corporation, or (ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and (B) after the acquisition, either— (i) more than 50 percent of the stock (by vote or value) of the entity is held— (I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or (II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, or (ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and such expanded affiliated group has significant domestic business activities. (3) Exception for corporations with substantial business activities in foreign country of organization A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term substantial business activities (4) Management and control For purposes of paragraph (2)(B)(ii)— (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014. (B) Executive officers and senior management Such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title. (5) Significant domestic business activities For purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of— (A) the employees of the group are based in the United States, (B) the employee compensation incurred by the group is incurred with respect to employees based in the United States, (C) the assets of the group are located in the United States, or (D) the income of the group is derived in the United States, determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (3) as in effect on May 8, 2014, but applied by treating all references in such regulations to foreign country relevant foreign country the United States . (b) Conforming amendments (1) Clause (i) of section 7874(a)(2)(B) of such Code is amended by striking after March 4, 2003, after March 4, 2003, and before May 9, 2014, (2) Subsection (c) of section 7874 of such Code is amended— (A) in paragraph (2)— (i) by striking subsection (a)(2)(B)(ii) subsections (a)(2)(B)(ii) and (b)(2)(B)(i) (ii) by inserting or (b)(2)(A) (a)(2)(B)(i) (B) in paragraph (3), by inserting or (b)(2)(B)(i), as the case may be, (a)(2)(B)(ii) (C) in paragraph (5), by striking subsection (a)(2)(B)(ii) subsections (a)(2)(B)(ii) and (b)(2)(B)(i) (D) in paragraph (6), by inserting or inverted domestic corporation, as the case may be, surrogate foreign corporation (c) Effective date The amendments made by this section shall apply to taxable years ending after May 8, 2014. V Deficit Reduction 501. Deficit reduction For purposes of the amount of any increase in revenue to the Treasury by reason of the provisions of this Act and the amendments made by this Act, $1,000,000,000 of such amount shall be, at such times and in such manner as determined appropriate by the Secretary of the Treasury (or the Secretary's delegate), deposited and credited as general revenue of the Treasury for the purposes of deficit reduction and shall not be available for obligation.

American Jobs for American Infrastructure Act

Charity Care Expansion Act of 2014 - Amends the Internal Revenue Code to allow a physician a tax deduction equal to the amount such physician would have otherwise charged for charity medical care provided on a volunteer or pro bono basis through a pre-existing agreement between the physician and a health care clinic or other organization providing health care to underserved or low-income individuals. Imposes an overal limitation on such deduction equal to 10% of the physician's gross income derived from physicians' services (as defined by the Social Security Act) or $10,000 for physicians who do not have income derived from physicians' services. Repeals the block grant program for preventive health and health services under the Public Health Service Act.

113 S2492 IS: Charity Care Expansion Act of 2014 U.S. Senate 2014-06-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2492 IN THE SENATE OF THE UNITED STATES June 18, 2014 Mr. Scott Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase access for the uninsured to high quality physician care. 1. Short title This Act may be cited as the Charity Care Expansion Act of 2014 2. Physician charity care deduction (a) In general Part VI of subchapter B of chapter 1 199A. Physician charity care (a) In general In the case of a physician, there shall be allowed as a deduction for the taxable year an amount equal to the amount such physician would have otherwise charged for qualified charity care provided by such physician during the taxable year. (b) Qualified charity care For purposes of this section— (1) Qualified charity care The term qualified charity care (2) Physician The term physician 42 U.S.C. 1395x(r) (3) Qualifying arrangement The term qualifying arrangement (A) between the physician and a health care clinic or other organization providing health care which is targeted to serve underserved or low-income individuals, and (B) before the date the services are provided. (c) Limitations (1) Service charge limitation The amount determined under subsection (a) with respect to any services shall not exceed the medicare economic index (referred to in the fourth sentence of section 1842(b)(3) of the Social Security Act ( 42 U.S.C. 1395u(b)(3) (2) Overall limitation The amount allowed as a deduction under subsection (a) for any taxable year shall not exceed an amount equal to— (A) 10 percent of the gross income of the taxpayer for the taxable year derived from the taxpayer’s provision of physicians’ services (as defined in section 1861(q) of the Social Security Act), or (B) in the case of a physician who does not have income for the taxable year derived from the provision of physicians' services, $10,000. (3) Exclusion for services with respect to which any reimbursement is received Physicians' services shall not be treated as qualified charity care under subsection (b) if a physician receives any reimbursement, including payment at a partial or discounted rate, for such services. . (b) Clerical amendment The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 199A. Physician charity care. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Preventive health and health services block grant Part A of title XIX of the Public Health Service Act ( 42 U.S.C. 300w et seq.

Charity Care Expansion Act of 2014

Natural Gas Export Promotion Act of 2014 - Directs the Secretary of Energy (DOE) to issue a final decision on an application for authorization to export natural gas within 45 days after conclusion of the review required by the National Environmental Policy Act of 1969. Grants original and exclusive jurisdiction to the U.S. Court of Appeals for the circuit in which the export facility under an application will be located with respect to any civil action for review of: (1) an order by the Secretary regarding the application, or (2) failure of the Secretary to issue a decision on the application. Requires the Court, if it finds in a civil action that the Secretary has failed to issue a decision on an application, to order the Secretary to issue one within 30 days. Requires the Court to set any civil action brought under this Act on the docket for expedited consideration as soon as practical after the filing date of the initial pleading. Amends the Natural Gas Act to direct DOE, in the case of any authorization to export liquefied natural gas, to require the applicant to report to DOE the names of the countries of destination. Requires DOE to publish such information on its website and otherwise make it publicly available.

113 S2494 IS: Natural Gas Export Promotion Act of 2014 U.S. Senate 2014-06-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2494 IN THE SENATE OF THE UNITED STATES June 18, 2014 Mr. Udall of Colorado Ms. Landrieu Mr. Begich Committee on Energy and Natural Resources A BILL To expedite applications to export natural gas, to require the public disclosure of liquefied natural gas export destinations, and for other purposes. 1. Short title This Act may be cited as the Natural Gas Export Promotion Act of 2014 2. Applications to export natural gas (a) In general The Secretary of Energy (referred to in this section as the Secretary 15 U.S.C. 717b (b) Judicial review (1) In general Except for review in the Supreme Court, the United States Court of Appeals for the circuit in which the export facility will be located pursuant to an application described in subsection (a) shall have original and exclusive jurisdiction over any civil action for the review of— (A) an order issued by the Secretary with respect to the application; or (B) the failure of the Secretary to issue a decision on the application. (2) Order If the Court in a civil action described in paragraph (1) finds that the Secretary has failed to issue a decision on the application as required under subsection (a), the Court shall order the Secretary to issue the decision not later than 30 days after the order of the Court. (3) Expedited consideration The Court shall— (A) set any civil action brought under this subsection for expedited consideration; and (B) set the matter on the docket as soon as practicable after the filing date of the initial pleading. 3. Public disclosure of export destinations Section 3 of the Natural Gas Act ( 15 U.S.C. 717b (g) Public disclosure of liquefied natural gas export destinations (1) In general In the case of any authorization to export liquefied natural gas, the Secretary of Energy shall require the applicant to report to the Secretary of Energy the names of the one or more countries of destination to which the exported liquefied natural gas is delivered. (2) Timing The applicant shall file the report required under paragraph (1) not later than— (A) in the case of the first export, the last day of the month following the month of the first export; and (B) in the case of subsequent exports, the date that is 30 days after the last day of the applicable month concerning the activity of the previous month. (3) Disclosure The Secretary of Energy shall publish the information reported under this subsection on the website of the Department of Energy and otherwise make the information available to the public. .

Natural Gas Export Promotion Act of 2014

One Percent Spending Reduction Act of 2014 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish and enforce new spending caps. Establishes the aggregate outlay cap (less net interest payments) for FY2015 at $3.774 trillion, less 1%. Reduces the outlay cap for FY2016-FY2017 by 1% of the previous fiscal year's outlay cap. Requires the outlay cap for FY2018 and subsequent fiscal years to be 18% of the gross domestic product (GDP) for that fiscal year as estimated by the Office of Management and Budget (OMB). Prohibits outlays from being less than those for the preceding fiscal year for any fiscal year beginning with FY2019. Requires OMB to enforce the spending caps using a sequestration to eliminate any excess spending through automatic cuts. Eliminates most exemptions from sequestration. Permits the budget committees to report a resolution directing the committees of their respective chambers to change existing law to achieve the spending reductions necessary to meet the outlay limits if a sequestration is projected. Amends the Congressional Budget Act of 1974 to create procedures for the House and Senate to enforce the outlay caps established in this Act.

113 S2495 IS: One Percent Spending Reduction Act of 2014 U.S. Senate 2014-06-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2495 IN THE SENATE OF THE UNITED STATES June 19, 2014 Mr. Enzi Mr. Paul Mr. Rubio Mr. Risch Mr. Barrasso Mr. Vitter Mr. Isakson Committee on the Budget A BILL To prevent a fiscal crisis by enacting legislation to balance the Federal budget through reductions of discretionary and mandatory spending. 1. Short title This Act may be cited as the One Percent Spending Reduction Act of 2014 2. Congressional findings and purpose (a) Findings Congress finds the following: (1) The fiscal crisis faced by the Federal Government demands immediate action. (2) The dramatic growth in spending and debt in recent years threatens our economic and national security: (A) Federal spending has grown from 18 percent of GDP in 2001 to over 20 percent of GDP in 2014. (B) Total Federal debt exceeds $17,000,000,000,000 and is projected to increase each year over the next 10 years. (C) Without action, the Federal Government will continue to run massive deficits in the next decade and total Federal debt will rise to $27,000,000,000,000 by 2024. (D) Interest payments on this debt will soon rise to the point where balancing the budget as a matter of policy is beyond the reach of Congress. (3) Due to recent tax hikes, Federal revenues are scheduled to rise to approximately 18 percent of GDP, inline with the average of about 18 percent of GDP over the past 40 years. (4) Absent reform, the growth of Social Security, Medicare, Medicaid, and other health-related spending will overwhelm all other Federal programs and consume all projected tax revenues. (b) Purpose The purpose of this Act is to address the fiscal crisis by— (1) acting quickly to balance the Federal budget and eliminate the parade of deficits and ballooning interest payments; (2) achieving balance by reducing spending one percent per year until spending equals projected long-term revenues; and (3) reforming entitlement programs to ensure long-term fiscal stability and balance. 3. Establishment and enforcement of spending caps (a) Outlay caps The Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. 253A. Establishing outlay caps (a) Outlay caps In this section, the term outlay cap (1) Fiscal year 2015 For fiscal year 2015, the aggregate outlays (less net interest payments) shall be $3,774,000,000,000, less one percent. (2) Fiscal year 2016 For fiscal year 2016, the aggregate outlays (less net interest payments) shall be the amount computed under paragraph (1), less one percent. (3) Fiscal year 2017 For fiscal year 2017, the aggregate outlays (less net interest payments) shall be the amount computed under paragraph (2), less one percent. (4) Fiscal year 2018 and subsequent fiscal years (A) In general For fiscal year 2018 and each fiscal year thereafter, the aggregate outlays shall be 18 percent of the gross domestic product for that fiscal year, as estimated by the Office of Management and Budget prior to March of the previous fiscal year. (B) Limitation Notwithstanding subparagraph (A), for any fiscal year beginning with fiscal year 2019, the aggregate projected outlays may not be less than the aggregate projected outlays for the preceding fiscal year. (b) Sequestration (1) In general (A) Excess spending Not later than 45 calendar days after the beginning of a fiscal year, the Office of Management and Budget shall prepare and the President shall order a sequestration to eliminate any excess outlay amount. (B) Definitions (i) Fiscal years 2015 through 2017 For each of fiscal years 2015 through 2017 and for purposes of this subsection, the term excess outlay amount (ii) Fiscal year 2018 and subsequent fiscal years For fiscal year 2018 and each fiscal year thereafter and for purposes of this subsection, the term excess outlay amount (2) Sequestration (A) CBO preview report On August 15 of each year, the Congressional Budget Office shall issue a sequestration preview report as described in section 254(c)(4). (B) OMB preview report On August 20 of each year, the Office of Management and Budget shall issue a sequestration preview report as described in section 254(c)(4). (C) Final report On October 31 of each year, the Office of Management and Budget shall issue its final sequestration report as described in section 254(f)(3). It shall be accompanied by a Presidential order detailing uniform spending reductions equal to the excess outlay amount as defined in this section. (D) Process The reductions shall generally follow the process set forth in sections 253 and 254, except as provided in this section. (3) Congressional action If the August 20 report by the Office of Management and Budget projects a sequestration, the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives may report a resolution directing committees of their House to change the existing law to achieve the spending reductions outlined in the August 20 report necessary to meet the outlay limits. (c) No exempt programs Section 255 and section 256 shall not apply to this section or any sequestration order issued under this section, except that payments for net interest (budget function 900) shall be exempt from the spending reductions under sequestration. (d) Look back If, after November 14, a bill resulting in outlays for the fiscal year in progress is enacted that causes excess outlays, the excess outlay amount for the next fiscal year shall be increased by the amount or amounts of that breach. . (b) Conforming amendments to BBEDCA (1) Sequestration preview reports Section 254(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 904(c)(4) (4) Outlay cap sequestration reports The preview reports shall set forth for the budget year estimates for the following: (A) (i) For each of budget years 2015 through 2017, the aggregate projected outlays (less net interest payments), less one percent. (ii) For budget year 2018 and each subsequent budget year, the estimated gross domestic product (GDP) for that budget year. (B) The amount of reductions required under section 253A. (C) The sequestration percentage necessary to achieve the required reduction under section 253A. . (2) Final sequestration reports Section 254(f)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 904(f)(3) (3) Outlay caps sequestration reports The final reports shall contain all the information required in the outlay cap sequestration preview reports. In addition, these reports shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary sources to be sequestered and result in outlay reductions. The reports shall also contain estimates of the effects on outlays on the sequestration of each outyear for direct spending programs. . (c) Enforcement Title III of the Congressional Budget Act of 1974 ( 2 U.S.C. 631 et seq. 316. Enforcement procedures (a) Outlay caps It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, amendment between the Houses, or conference report that includes any provision that would cause the most recently reported, current outlay cap set forth in section 253A of the Balanced Budget and Emergency Deficit Control Act of 1985 to be breached. (b) Waiver or suspension (1) In the Senate The provisions of this section may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. (2) In the House The provisions of this section may be waived or suspended in the House of Representatives only by a rule or order proposing only to waive such provisions by an affirmative vote of two-thirds of the Members, duly chosen and sworn. (c) Point of order protection In the House, it shall not be in order to consider a rule or order that waives the application of paragraph (2) of subsection (b). (d) Motion To suspend It shall not be in order for the Speaker to entertain a motion to suspend the application of this section under clause 1 of rule XV. . 4. Conforming amendments The table of contents set forth in— (1) section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: Sec. 316. Enforcement procedures. ; and (2) section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after the item relating to section 253 the following new item: Sec. 253A. Establishing outlay caps. . 5. Effective date This Act and the amendments made by this Act shall apply to fiscal year 2015 and each fiscal year thereafter, including any reports and calculations required for implementation in fiscal year 2015.

One Percent Spending Reduction Act of 2014

Protecting Water and Property Rights Act of 2014 - Prohibits the Secretary of the Army and the Administrator of the Environmental Protection Agency (EPA) from: (1) finalizing the proposed rule entitled "Definition of `Waters of the United States' Under the Clean Water Act"; or (2) using the proposed rule, or any substantially similar proposed rule or guidance, as the basis for any rulemaking or any decision regarding the scope or enforcement of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Provides that the use of the proposed rule, or any substantially similar proposed rule or guidance, as the basis for any rulemaking or any decision regarding the scope or enforcement of the Clean Water Act shall be grounds for vacating the final rule, decision, or enforcement action.

113 S2496 IS: Protecting Water and Property Rights Act of 2014 U.S. Senate 2014-06-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2496 IN THE SENATE OF THE UNITED STATES June 19, 2014 Mr. Barrasso Mr. Vitter Mr. McConnell Mr. Risch Mr. Rubio Mr. Crapo Mr. Wicker Mr. Inhofe Mr. Coburn Mr. Johanns Mr. Enzi Mr. Cornyn Mr. Sessions Mr. Toomey Mr. Grassley Mr. Boozman Mrs. Fischer Mr. Hatch Mr. Roberts Mr. Paul Mr. Thune Mr. Isakson Mr. Heller Mr. Cochran Mr. Chambliss Mr. Blunt Mr. Hoeven Mr. Cruz Mr. Lee Mr. Burr Committee on Environment and Public Works A BILL To preserve existing rights and responsibilities with respect to waters of the United States. 1. Short title This Act may be cited as the Protecting Water and Property Rights Act of 2014 2. Identification of waters protected by the Clean Water Act (a) In general Neither the Secretary of the Army nor the Administrator of the Environmental Protection Agency shall— (1) finalize the proposed rule entitled Definition of ‘Waters of the United States’ Under the Clean Water Act (2) use the proposed rule described in paragraph (1), or any substantially similar proposed rule or guidance, as the basis for any rulemaking or any decision regarding the scope or enforcement of the Federal Water Pollution Control Act 33 U.S.C. 1251 et seq. (b) Rules The use of the proposed rule described in subsection (a)(1), or any substantially similar proposed rule or guidance, as the basis for any rulemaking or any decision regarding the scope or enforcement of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) shall be grounds for vacation of the final rule, decision, or enforcement action.

Protecting Water and Property Rights Act of 2014

Angel Tax Credit Act - Amends the Internal Revenue Code to allow a new business-related tax credit for 25% of equity investments of $25,000 or more in a domestic corporation or partnership that: (1) has its headquarters in the United States, (2) has gross revenues for the taxable year of less than $1 million, (3) employs fewer than 25 full-time employees, (4) has been in existence for less than 7 years as of the date of the investment, (5) has more than 50% of its employees performing substantially all of their services in the United States, and (6) is engaged in a high technology trade or business. Limits the allowable amount of such credit to $250,000 in any taxable year and imposes an overall limitation on such credit of $500 million for each of calendar years 2013 through 2017.

113 S2497 IS: Angel Tax Credit Act U.S. Senate 2014-06-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2497 IN THE SENATE OF THE UNITED STATES June 19, 2014 Mr. Murphy Mr. Schatz Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow a credit against income tax for equity investments by angel investors. 1. Short title This Act may be cited as the Angel Tax Credit Act 2. Angel investment tax credit (a) In general Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 30E. Angel investment tax credit (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 25 percent of the qualified equity investments made by a qualified investor during the taxable year. (b) Limitation The amount of the credit allowed under subsection (a) for any taxpayer for any taxable year shall not exceed $250,000. (c) Qualified equity investment For purposes of this section— (1) In general The term qualified equity investment (A) the aggregate amount of such investments made by the taxpayer during the taxable year is $25,000 or more, (B) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, and (C) such investment is designated for purposes of this section by the qualifying business entity. (2) Equity investment The term equity investment (A) any form of equity, including a general or limited partnership interest, common stock, preferred stock (other than nonqualified preferred stock as defined in section 351(g)(2)), with or without voting rights, without regard to seniority position and whether or not convertible into common stock or any form of subordinate or convertible debt, or both, with warrants or other means of equity conversion, and (B) any capital interest in an entity which is a partnership. (3) Redemptions A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this subsection. (d) Qualifying business entity For purposes of this section— (1) In general The term qualifying business entity (A) has its headquarters in the United States, (B) has gross revenues for the taxable year preceding the date of the qualified equity investment of less than $1,000,000, (C) employs less than 25 full-time equivalent employees as of the date of such investment, (D) has been in existence for less than 7 years as of the date of the qualified equity investment, (E) has more than 50 percent of the employees performing substantially all of their services in the United States as of the date of such investment, (F) is engaged in a high technology trade or business related to— (i) advanced materials, nanotechnology, or precision manufacturing, (ii) aerospace, aeronautics, or defense, (iii) biotechnology or pharmaceuticals, (iv) electronics, semiconductors, software, or computer technology, (v) energy, environment, or clean technologies, (vi) forest products or agriculture, (vii) information technology, communication technology, digital media, or photonics, (viii) life sciences or medical sciences, (ix) marine technology or aquaculture, (x) transportation, or (xi) any other high technology trade or business, as determined by the Secretary of the Treasury, and (G) has equity investments designated for purposes of this paragraph. (2) Designation of equity investments For purposes of paragraph (1)(G), an equity investment shall not be treated as designated if such designation would result in the aggregate amount which may be taken into account under this section with respect to equity investments in such corporation or partnership exceeds $2,000,000, taking into account the total amount of all qualified equity investments made by all taxpayers for the taxable year and all preceding taxable years. (e) Qualified investor For purposes of this section— (1) In general The term qualified investor (2) Exclusion The term qualified investor (A) a person controlling at least 50 percent of the qualifying business entity, (B) any venture capital fund (within the meaning of section 203(l) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(l) (C) any bank, savings association, loan association, trust company, insurance company, or similar entity whose business activities include making similar investments to investments of a venture capital fund (as so defined). (f) National limitation on amount of investments designated (1) In general There is an angel investment tax credit limitation of $500,000,000 for each of calendar years 2013 through 2017. (2) Allocation of limitation The limitation under paragraph (1) shall be allocated by the Secretary among qualified small business entities selected by the Secretary. (3) Carryover of unused limitation If the angel investment tax credit limitation for any calendar year exceeds the aggregate amount allocated under paragraph (2) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any calendar year after 2022. (g) Application with other credits (1) Business credit treated as part of general business credit Except as provided in paragraph (2), the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Personal credit (A) In general In the case of an individual who elects the application of this paragraph, 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. (B) Carryforward of unused credit If the credit allowable under subsection (a) by reason of subparagraph (A) exceeds the limitation imposed by section 26(a) for such taxable year, reduced by the sum of the credits allowable under subpart A (other than this section) for such taxable year, such excess shall be carried to each of the succeeding 20 taxable years to the extent that such unused credit may not be taken into account under subsection (a) by reason of subparagraph (A) for a prior taxable year because of such limitation. (h) Special rules (1) Related parties For purposes of this section— (A) In general All related persons shall be treated as 1 person. (B) Related persons A person shall be treated as related to another person if— (i) the relationship between such persons would result in the disallowance of losses under section 267 or 707(b), or (ii) for purposes of subsection (e), the person is an individual who is the spouse of a lineal descendant of an individual described in subsection (e)(2)(A). (2) Basis For purposes of this subtitle, the basis of any investment with respect to which a credit is allowable under this section shall be reduced by the amount of such credit so allowed. This subsection shall not apply for purposes of sections 1202, 1397B, and 1400B. (3) Recapture The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any qualified equity investment which is held by the taxpayer less than 3 years, except that no benefit shall be recaptured in the case of— (A) transfer of such investment by reason of the death of the taxpayer, (B) transfer between spouses, (C) transfer incident to the divorce (as defined in section 1041) of such taxpayer, or (D) a transaction to which section 381(a) applies (relating to certain acquisitions of the assets of one corporation by another corporation). (i) Regulations The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations— (1) which prevent the abuse of the purposes of this section, (2) which impose appropriate reporting requirements, and (3) which apply the provisions of this section to newly formed entities. . (b) Credit made part of general business credit Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended— (1) in paragraph (35), by striking plus (2) in paragraph (36), by striking the period at the end and inserting , plus (3) by adding at the end the following new paragraph: (37) the portion of the angel investment tax credit to which section 30E(g)(1) applies. . (c) Conforming amendments (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking and , and (38) to the extent provided in section 30E(h)(2). . (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 Sec. 30E. Angel investment tax credit. . (d) Effective date The amendments made by this section shall apply to investments made after December 31, 2013, in taxable years ending after such date.

Angel Tax Credit Act

Helping Angels Lead Our Startups Act or the HALOS Act - Directs the Securities and Exchange Commission (SEC) to amend Regulation D (governing the limited offer and sale of securities without registration under the Securities Act of 1933) to make the prohibition against general solicitation or general advertising inapplicable to events with specified kinds of sponsors (including angel investor groups not connected to broker-dealers or investment advisers) where: presentations or communications are made by or on behalf of an issuer, the advertising does not refer to any specific offering of securities by the issuer, the sponsor does not engage in certain activities (such as offering investment recommendations or advice to attendees), and no specific information regarding a securities offering is communicated (other than that the issuer is in the process of offering or planning to offer securities, including the type and amount of securities being offered).

114 S978 IS: HALOS Act U.S. Senate 2015-04-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 978 IN THE SENATE OF THE UNITED STATES April 16, 2015 Mr. Murphy Mr. Thune Mr. Toomey Mr. Schatz Mr. King Committee on Banking, Housing, and Urban Affairs A BILL To clarify the definition of general solicitation under Federal securities law. 1. Short title This Act may be cited as the Helping Angels Lead Our Startups Act HALOS Act 2. Definition of angel investor group As used in this Act, the term angel investor group (1) is composed primarily of individual accredited investors who are interested in investing personal capital in early-stage companies; (2) holds regular meetings and has defined processes and procedures for making investment decisions, either individually or among the membership of the group as a whole; and (3) is not connected to broker-dealers or investment advisers. 3. Clarification of general solicitation The Securities and Exchange Commission shall amend Regulation D of its rules (17 C.F.R. 230.500 et seq.) to require that in carrying out the prohibition against general solicitation or general advertising contained in section 230.502(c) of title 17, Code of Federal Regulations, the prohibition shall not apply to a presentation or other communication made by or on behalf of an issuer which is made at an event— (1) sponsored by— (A) the United States or any territory thereof, by the District of Columbia, by any State, by a political subdivision of any State or territory, or by any agency or public instrumentality of any of the foregoing; (B) a college, university, or other institution of higher education; (C) a nonprofit organization; (D) an angel investor group; (E) a venture forum, venture capital association, or trade association; or (F) any other group, person or entity as the Securities and Exchange Commission may determine by rule; (2) where any advertising for the event does not reference any specific offering of securities by the issuer; (3) the sponsor of which— (A) does not make investment recommendations or provide investment advice to event attendees; (B) does not engage in an active role in any investment negotiations between the issuer and investors attending the event; and (C) does not charge event attendees any fees other than administrative fees; and (4) where no specific information regarding an offering of securities by the issuer is communicated or distributed by or on behalf of the issuer, other than— (A) that the issuer is in the process of offering securities or planning to offer securities; (B) the type and amount of securities being offered; (C) the amount of securities being offered that have already been subscribed for; and (D) the intended use of proceeds of the offering.

HALOS Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 - Title I: Department of State and Related Agency - Makes FY2015 appropriations for the Department of State (Department) for: administration of foreign affairs and diplomatic and consular programs; the Capital Investment Fund; the Office of Inspector General; educational and cultural exchange programs; representation allowances; protection of foreign missions and officials; U.S. embassy security, construction, and maintenance; emergencies in the diplomatic and consular service; the repatriation loans program account; the American Institute in Taiwan; the Foreign Service Retirement and Disability Fund; international organizations and commissions; the International Boundary and Water Commission, United States and Mexico; salaries and expenses; construction of authorized projects; the International Joint Commission, the International Boundary Commission, United States and Canada, and the Border Environment Cooperation Commission; international fisheries commissions; international broadcasting operations and capital improvements; the Asia Foundation; the United States Institute for Peace; the Center for Middle Eastern-Western Dialogue Trust Fund; the Eisenhower Exchange Fellowships, Incorporated; the Israeli Arab Scholarship Program; the East-West Center; the National Endowment for Democracy; the Commission for Preservation of America's Heritage Abroad; the United States Commission on International Religious Freedom; the Commission on Security and Cooperation in Europe; the Congressional-Executive Commission on the People's Republic of China; and the United States-China Economic and Security Review Commission. Title II: United States Agency for International Development - Makes FY2015 appropriations for operating expenses of the U.S. Agency for International Development (USAID), the capital investment fund, and the Office of Inspector General. Title III: Bilateral Economic Assistance - Makes FY2015 appropriations for: expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961, global health and child survival, specified development assistance, international disaster assistance, transition initiatives, development credit authority, the Economic Support Fund, promotion of democracy, the Complex Foreign Crisis Fund, migration and refugee assistance, the Peace Corps, the Millennium Challenge Corporation, the Inter-American Foundation, the United States African Development Foundation, and the Department of the Treasury for international affairs technical assistance activities. Title IV: International Security Assistance - Makes FY2015 appropriations for: international narcotics control and law enforcement; nonproliferation, anti-terrorism, and demining; international peacekeeping operations; international military education and training; and foreign military financing grants. Title V: Multilateral Assistance - Makes FY2015 appropriations for: international organizations and programs, the Global Environment Facility, the International Development Association, the International Bank for Reconstruction and Development, the Global Agriculture and Food Security Program, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development Bank, the African Development Fund, the International Fund for Agricultural Development, the Enterprise for the Americas Multilateral Investment Fund, and international monetary programs. Sets forth limitations on callable capital subscriptions with respect to: (1) the International Bank for Reconstruction and Development, (2) the Inter-American Development Bank, (3) the Asian Development Bank, and (4) the African Development Bank. Cancels certain drawing rights with respect to the International Monetary Fund loans under specified circumstances. Title VI: Export and Investment Assistance - Makes FY2015 appropriations for: (1) the Export-Import Bank of the United States, including the Office of Inspector General and administrative expenses; (2) the Overseas Private Investment Corporation (OPIC) credit and insurance programs, including administrative expenses; and (3) the Trade and Development Agency. Title VII: General Provisions - Sets forth certain limits and prohibitions on the use of appropriations for specified activities. (Sec. 7002) Requires any federal department or agency that has funds made available to it under this Act to provide Congress with a quarterly accounting of the cumulative balances of any unobligated funds received during FY2015 or in any previous fiscal year. (Sec. 7003) Limits the use of funds under title I of this Act during FY2015 for any consulting service through procurement contracts to those contracts available for public inspection. (Sec. 7004) Sets forth restrictions on office space for federal employees with respect to U.S. diplomatic facility construction, with an exception for Marine Corps use. Subjects appropriations for the Department, foreign operations, and related programs for the acquisition of property for diplomatic facilities in Afghanistan, Pakistan, and Iraq to prior consultation with, and the regular notification procedures of, the Committees on Appropriations (Sec. 7005) States that costs incurred during FY2015 by an agency or department funded under title I of this Act resulting from personnel actions taken in response to funding reductions shall be absorbed within such agency's or department's budgetary resources. (Sec. 7006) Authorizes local guard contracts to be awarded on a best value basis. (Sec. 7007) Prohibits the use of funds under this Act for direct assistance or reparations to Cuba, North Korea, Iran, or Syria. (Sec. 7008) Prohibits the use of funds under titles III through VI of this Act for assistance to any country whose elected head of government is deposed by military or military-supported coup or decree, except for assistance to promote elections. Permits resuming assistance if a democratic government is subsequently elected to office. (Sec. 7009) Limits certain agency, Department, and Broadcasting Board of Governors transfer authority. (Sec. 7010) Directs the Secretary of State (Secretary) to report to Congress on FY2014 fund use for foreign military financing, international military education and training, and peacekeeping operations. (Sec. 7011) Prohibits, with specified exceptions, appropriations under this Act from remaining available for obligation after the expiration of the current fiscal year unless expressly provided for. (Sec. 7012) Prohibits the use of funds under titles III through VI of this Act during FY2015 for assistance to any country in default in excess of a year on payments on a U.S. loan unless the President determines that such assistance in the U.S. national interest. (Sec. 7013) Prohibits the use of funds under titles III through VI of this Act for assistance under a new bilateral agreement unless such assistance is exempt from taxation or reimbursed by the foreign government. (Sec. 7014) Authorizes specifically designated appropriations under titles II through VI of this Act to be reprogrammed for other programs within the same account subject to the appropriate congressional committees' regular notification procedures. Extends the availability of program-specific appropriations for one fiscal year if the Secretary or USAID reports to Congress that program termination or changed circumstances makes it unlikely that such appropriations can be obligated during the original period of availability. States that ceilings and specifically designated funding levels under this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs. (Sec. 7015) Prohibits funds that remain available for FY2015 obligation under titles I and II of this Act or in prior appropriations Acts from being made available for specified reprogramming purposes unless the appropriate congressional committees are notified 15 days in advance of such programming. States that the requirements of this section or any similar provision may be waived if failure to do so would pose a substantial risk to human health or welfare. Prohibits the use of funds under titles III through VI of this Act for Afghanistan, Bahrain, Bolivia, Burma, Cambodia, Cuba, Ecuador, Egypt, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Pakistan, the Russian Federation, Serbia, Somalia, Sri Lanka, South Sudan, Sudan, Syria, Tunisia, Uzbekistan, Venezuela, Yemen, or Zimbabwe except through the regular notification procedures of the appropriate congressional committees. (Sec. 7016) Requires the Department of Defense (DOD) during FY2015 to notify Congress prior to: (1) providing certain excess defense articles under the Foreign Assistance Act of 1961, or (2) issuing a letter of offer to sell certain defense articles under the Arms Export Control Act. (Sec. 7017) States that funds appropriated under titles III through VI of this Act or in prior appropriations Acts for the Department, foreign operations, export financing, and related programs that are returned or not made available for international organizations and programs shall remain available for obligation until September 30, 2017. (Sec. 7018) Prohibits certain funds under the Foreign Assistance Act of 1961 from being obligated or expended for any country or organization if such funds' use would violate specified provisions related to abortions and involuntary sterilizations. (Sec. 7019) Allocates funds for specified accounts. (Sec. 7020) Prohibits the obligation of certain funds to pay for alcoholic beverages or entertainment expenses for recreational activities. (Sec. 7021) Prohibits the provision of funds under titles III through VI of this Act to any foreign government that provides lethal military equipment to a country that supports international terrorism unless the President reports to Congress that such assistance is in the U.S. national interest. Prohibits bilateral assistance from being made to a government that: (1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism, (2) otherwise supports international terrorism, or (3) is controlled by a terrorist organization. Authorizes the President to waive such prohibition for humanitarian or national security purposes. (Sec. 7022) Continues with an exception, certain authorities necessary to expend Department and foreign assistance funds during FY2015. (Sec. 7024) States that unless expressly provided to the contrary provisions authorizing or making appropriations for the Department, foreign operations, and related programs shall not be construed to prohibit activities authorized by the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act during FY2015. (Sec. 7025) Prohibits during FY2015 the use of funds under titles III through VI of this Act and funds available to the Export-Import Bank and OPIC for production of any export commodity by a foreign country if the commodity is likely to be in surplus on world markets and will cause substantial injury to U.S. producers of a similar or competing commodity (with exceptions for benefits to U.S. producers). (Sec. 7026) Directs USAID to require countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities during FY2015 and fiscal years thereafter. (Sec. 7027) States that during FY2015: (1) restrictions on assistance for a country shall not be construed to restrict specified assistance for nongovernmental organizations, and (2) nothing in this section shall be construed to alter existing prohibitions against abortion or involuntary sterilizations in this or any other Act. States that during FY2015: (1) restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Agricultural Trade Development and Assistance Act of 1954 (P.L. 480), and (2) this section shall not apply to assistance restrictions regarding support of international terrorism and human rights violations. (Sec. 7028) Authorizes USAID to award contracts during FY2015 in which competition is limited to local entities if doing so would result in cost savings, develop local capacity, and appreciably save time. (Sec. 7029) States that none of the funds under title V of this Act should be paid to any international financial institution unless the Secretary of the Treasury certifies to Congress that such institution requires independent evaluations of each loan, grant, or significant non-lending activity. Prohibits payments under title V of this Act to any international financial institution while the U.S. executive director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule, or any alternate U.S. director is compensated at a rate in excess of that for Level V of such Schedule. Directs the U.S. executive director of each international financial institution to: (1) seek to require that each institution conducts human rights due diligence in connection with any loan, grant, or policy; and (2) promote improvements in borrowing countries' financial management and judicial capacity to prosecute fraud and corruption. Directs the Secretary of the Treasury to instruct the U.S. executive directors of the World Bank and the Inter-American Development Bank, and the Director of the Office of Foreign Assets Control to support investments that contribute to the economic and social development of Caribbean region countries. (Sec. 7030) Authorizes nongovernmental organizations which are USAID grantees or contractors to place funds made available to them under title III of this Act in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges. (Sec. 7031) Sets forth requirements for direct government-to government assistance. (Sec. 7032) Obligates funds for democracy programs, including programs to support freedom of religion. States that any funds made available by this Act for a business and human rights program in China shall be made available on a cost-matching basis from sources other than the U.S. government. Prohibits funds appropriated by this Act for USAID democracy programs from being used in countries where: the government is politically repressive; USAID does not have direct-hire staff in the country; the government has rejected USAID assistance or has such an adverse relationship with the United States that the implementation of democracy assistance is not advisable; and the level of political repression requires implementing organizations to go to excessive lengths to protect program beneficiaries and participants, or to minimize recognition of USAID's role. (Sec. 7033) Conditions the use of funds appropriated by this Act during FY2015 to make any pledge for future year funding for any multilateral or bilateral program funded in titles III through VI of this Act. (Sec. 7034) Makes funds under titles III through VI of this Act available for: (1) war victims, (2) displaced children, (3) displaced Burmese, and (4) victims of trafficking in persons and to combat such trafficking. Expands authorities under the Foreign Assistance Act of 1961 for civilian police assistance for a regional, district, municipal, or other sub-national entity emerging from instability. Directs the Secretary to implement obligations under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 requiring suspension of visa issuance to applicants of a diplomatic mission (A-3 visa) or international organization (G-5 visa) if its employees are found to have a record of exploiting such visa holders. Makes specified funds available for: (1) the World Food Program; (2) the partner vetting system pilot program; and (3) programs to disarm, demobilize, and reintegrate into civilian society former members of foreign terrorist organizations. Prohibits funds for the Department, foreign operations, or related programs from being used to implement any law, regulation, or policy that restricts travel or related transactions by a U.S. citizen or national to any Western Hemisphere country. Authorizes the President to use specified funds in FY2015 for contingencies. Authorizes the Secretary to withhold funds under title III of this Act for assistance for the government of any country that is not taking steps to comply with the Convention on the Civil Aspects of International Child Abductions. Extends: passport surcharge fee authority; the exemption of the Secretary from the requirement to convene an Accountability Review Board in the case of an incident that involves serious injury, loss of life, or significant destruction of property at a federal mission in Afghanistan; funding authority for recruitment, relocation, and retention bonuses to Foreign Service members, other than chiefs of mission and ambassadors at large, who are on official duty in Iraq, Afghanistan, or Pakistan; specified authorities on reemployment requirements for certain annuitants reemployed in Iraq, Pakistan, and Afghanistan; refugee set-asides for nationals of the former Soviet Union, Estonia, Latvia, or Lithuania who are current, active members of the Ukrainian Catholic Church or the Ukrainian Orthodox Church; and the eligibility period for status adjustment from a parolee who was denied refugee status to a lawfully admitted permanent resident for certain aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia. Prohibits funds under this Act from being used for crowd control items for foreign security forces that use excessive force to repress peaceful expression or assembly in countries undergoing democratic transition. Limits the use of funds made available to the Department's Working Capital Fund to only those amounts and activities provided for in the President's FY2015 budget. Authorizes the use of economic support funds to establish one or more enterprise funds for Egypt and Tunisia. Makes funds available in the HIV/AIDS Working Capital Fund for pharmaceuticals and other products for other global health and child survival, malaria, and tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other products. Authorizes the Secretary to use fees deposited into the Fraud Prevention and Detection Account to increase the number of personnel assigned to preventing visa fraud. Prohibits funds under titles I and III of this Act that appropriate funds to a non-federal or quasi-federal organization, with certain exceptions, from being used to pay senior executives above the rate payable for level IV of the Executive Schedule. (Sec. 7035) Expresses the sense of Congress that: the Arab League boycott of Israel (reinstated in 1997), and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to regional peace and to U.S. investment and trade in the Middle East and North Africa and should be terminated; and the President should report annually to Congress on steps taken to encourage Arab League states to normalize their relations with Israel to end the boycott. (Sec. 7036) Prohibits the use of funds under titles III through VI of this Act (subject to a national security interest waiver) to support a Palestinian state unless the Secretary certifies to Congress that: the Palestinian governing entity has demonstrated a commitment to peaceful coexistence with Israel and is taking measures to counter terrorism in the West Bank and Gaza, and the Palestinian Authority (PA) or a new governing entity is working to establish a lasting peace in the Middle East. Exempts from such restriction assistance to help reform the PA and affiliated institutions or a newly elected governing entity meet such assistance requirements. Expresses the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights, and should enact laws assuring transparent and accountable governance. (Sec. 7037) Prohibits, with an exception for acquisition of additional space for the Consulate General in Jerusalem, the obligation of funds appropriated under titles II through VI of this Act to create in Jerusalem a new U.S. agency office for the purpose of conducting U.S. business with the PA over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-PLO Declaration of Principles. (Sec. 7038) Prohibits the use of funds under this Act to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation. (Sec. 7039) Directs the Secretary, for FY2015, to certify to Congress prior to the initial obligation of funds for the bilateral West Bank and Gaza program that the Government Accountability Office (GAO) will have access to necessary financial information to evaluate the uses of U.S. assistance. Directs the Secretary, before obligating economic support funds under this Act for the West Bank and Gaza, to take steps to ensure that such assistance is not provided to or through any individual or entity that advocates or engages in terrorist activity. Prohibits funds from being used to honor individuals who commit, or have committed, acts of terrorism. Requires and obligates funds for program audits. (Sec. 7040) Prohibits economic support fund assistance under this Act from being provided to the PA unless the President certifies to Congress that it is in U.S. national interests. States that any such waiver shall: (1) not be for more than six months at a time; and (2) not apply beyond 12 months after enactment of this Act. Requires a report to Congress when such waiver is exercised. Prohibits the use of appropriations under titles III through VI of this Act for: assistance to the Palestine Liberation Organization (PLO); and salaries of PA personnel in Gaza or for assistance to Hamas or any Hamas-controlled or power-sharing government unless the President certifies to Congress that Hamas has accepted Israel's right to exist and is adhering to previous agreements with the United States, Israel, and the international community. (Sec. 7041) Makes funds under this Act available to the government of Egypt only if the Secretary certifies to Congress that Egypt is sustaining the strategic relationship with the United States and meeting its obligations under the 1979 Egypt-Israel Peace Treaty. Authorizes Economic Support Fund assistance under this Act for Egypt, of which a certain amount should be obligated for higher education programs. Directs the Secretary to reduce Economic Support Fund assistance for Egypt by the amount expended by the United States for bail, and by nongovernmental organizations for legal and court fees, associated with democracy-related trials in Egypt. Makes specified funds under this Act for Egypt available for development programs in the Sinai, nonproliferation programs, and for counterterrorism and border security if the Secretary certifies to Congress that it is important to U.S. national security interests. Authorizes specified foreign military financing funds to be made available for Egypt until September 30, 2016. Makes specified FY2015 funds under titles III and IV of this Act available to Egypt if the Secretary certifies to Congress that Egypt: has held free presidential and parliamentary elections; has released American citizens who are considered by the Secretary to be political prisoners and dismissed charges against them; is providing U.S. officials, journalists, and human rights organizations access to the Sinai; has released all persons detained for exercising their rights to free expression, association, and peaceful assembly; is providing detainees with due process of law; is implementing laws to protect freedoms of expression, association, and assembly; is conducting credible criminal investigations and prosecutions of the use of excessive force by security forces; and is taking steps to protect the rights of women and religious minorities. Makes funds under titles I and III of this Act available for the promotion of democracy and human rights in Iran, including media and Internet access. Makes specified funds under this Act available for Iraq for: (1) mitigating the Syrian conflict's impact on Iraqi communities, (2) a conflict response program, and (3) enhancing Kurdistan's security capacities. Urges that specified funds under this Act be made available for the Marla Ruzicka Iraqi War Victims Fund. Directs the Secretary to report to Congress detailing U.S. steps taken to address the plight of Iranian dissidents at Camp Liberty/Hurriya in Iraq. Obligates specified funds under this Act for Jordan, including amounts for security requirements along the Iraq and Syria borders. Prohibits funds under this Act from being made available for Lebanese law enforcement personnel or the Lebanese Armed Forces (LAF) if such law enforcement personnel or the LAF is controlled by a foreign terrorist organization. Authorizes specified funds under this Act for programs and equipment for Lebanese law enforcement personnel and the LAF to address security and stability requirements in areas affected by the Syrian conflict. Makes specified military financing funds for Lebanon available only to professionalize the LAF and to strengthen border security and combat terrorism. Makes specified funds available for Libya to: strengthen democracy and security, address humanitarian needs, professionalize military personnel, and counter extremist ideologies. Directs the Secretary to report to Congress regarding the number of claims against Libya filed with the Foreign Claims Settlement Commission pursuant to the Department's referral of claims of November 27, 2013, in connection with the Claims Settlement Agreement between the United States of America and the Great Socialist People's Libyan Arab Jamahiriya of August 14, 2008. Prohibits the use of foreign military financing program funds to procure defense articles or services for use in the Western Sahara territory. Makes specified funds available to Syria for humanitarian and other assistance to address the needs of civilians affected by conflict in Syria and to: establish democratic governance and civil society, expand the role of women in politics, promote economic development, prosecute human rights violations, counter extremist ideologies, and assist Syrian refugees to complete their higher education. Directs the Secretary, before any obligation of funds under this Act for Syria, to ensure that mechanisms are in place for the adequate monitoring and control of assistance inside Syria. Requires congressional consultation before making funds under this section available for Syria. Directs the Secretary, before any obligation of Economic Support Fund assistance under this Act for the PA, to report to Congress that the purpose of such assistance is to: advance Middle East peace, improve regional security, continue support for accountable government institutions, promote a private sector economy, or address urgent humanitarian needs. Prohibits the availability of Economic Support Fund assistance under this Act for the PA if: the Palestinians obtain the same standing as a United Nations (U.N.) member state or full membership in the U.N. or any specialized U.N. agency outside an agreement negotiated between Israel and the Palestinians; or the Palestinians initiate an International Criminal Court (ICC) investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians. Reduces Economic Support Fund assistance for the PA by the amount expended by the PA as payments for acts of terrorism by individuals who are imprisoned after being fairly tried and convicted for acts of terrorism and by individuals who died committing acts of terrorism during the previous calendar year. (Sec. 7042) Makes funds under this Act for the Central African Republic available for reconciliation and peace building programs, including for programs to prevent crimes against humanity. Urges that specified funds should be made available for the trans-Sahara counterterrorism partnership program and the partnership for regional East Africa counterterrorism program. Makes specified economic support funds available for programs to counter extremism in East Africa. Authorizes specified funds under this Act for unanticipated crises in Africa. Prohibits military and police assistance to Ethiopia unless the Secretary certifies to Congress that Ethiopia is: (1) implementing policies to protect judicial independence, due process, and freedom of expression; and (2) permitting access to human rights and humanitarian organizations in the Somalia region of Ethiopia. Exempts from such restriction: (1) Ethiopian military efforts in support of international peacekeeping operations, (2) counterterrorism efforts, (3) assistance to the Ethiopian Defense Command and Staff College. States that specified funds under this Act for the lower Omo and Gambella regions of Ethiopia shall: (1) not be used to support forced evictions, (2) be used to support local development initiatives. Makes specified military education and training assistance for Angola, Cameroon, Chad, Cote d'Ivoire, Somalia, Guinea, and Zimbabwe available only for training related to international peacekeeping operations and expanded military education and training. Prohibits such assistance to Central African Republic and Equatorial Guinea. Urges that specified funds under title IV of this Act be made available for Kenya. Obligates specified economic support funds for programs in areas affected by the Lord's Resistance Army (LRA), including programs to improve physical access and telecommunications infrastructure, and to support the disarmament and reintegration of former LRA combatants, especially child soldiers. Makes funds under this Act for Nigeria available for women and girls who are targeted by the terrorist organization Boko Haram. Obligates specified funds for pilot programs to address: (1) health and development challenges in Africa and increased economic engagement opportunities with the United States, and (2) security challenges in Africa. States that Economic Support Fund assistance under this Act for Somalia shall be used to promote reconciliation between the central government and Somali regions. Withholds certain funds from the central government of South Sudan until the Secretary reports to Congress that such government is: providing access for humanitarian organizations; ending the use of child soldiers; supporting a cessation of hostilities agreement; protecting freedoms of expression, association, and assembly; reducing corruption related to the extraction and sale of oil and gas; and establishing democratic institutions, including military and police forces under civilian authority. Prohibits funds under this Act from being made available for: (1) assistance to the government of Sudan, and (2) modifying loans and loan guarantees held by the government of Sudan. Exempts from such prohibition: humanitarian assistance; assistance for the Darfur region, Southern Kordofan State, Blue Nile State, other marginalized areas and populations in Sudan, and Abyei; and assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement (CPA), mutual arrangements related to post-referendum issues associated with the CPA, or any other internationally recognized peace agreement in Sudan. Prohibits foreign military financing funds from being made to Rwanda if it is supporting armed groups in the the Democratic Republic of the Congo that have violated human rights or are involved in the illegal exportation of minerals, wildlife, or contraband. Exempts from such prohibition assistance to improve border controls, support international peacekeeping operations, or to conduct operations against the LRA. Directs the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions to vote against any loan extensions to the government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary reports to Congress that Zimbabwe has restored the rule of law. Prohibits funds under this Act from being made available to the government of Zimbabwe, except for health and education, unless the Secretary reports to Congress that Zimbabwe has restored the rule of law. Authorizes macroeconomic growth assistance if Zimbabwe is implementing transparent fiscal policies, including public disclosure of revenues from the extraction of natural resources. (Sec. 7043) Makes specified funds under this Act available to: strengthen maritime security in the Asia region (countries and territories in Oceania, Southeast Asia, and South Asia, and the Indian and Pacific Oceans bordering those countries and territories); and promote the capabilities of naval forces, coast guard, or other governmental maritime entities engaged in maritime security issues in the region, including counter-piracy and disaster relief. Prohibits funds under this Act from being made available for China's armed forces. Authorizes funds under titles III and IV of this Act for U.S. participation in the Information Sharing Centre in Singapore. Provides that funds under title III of this Act for programs to strengthen regional alliances and partnerships among governments in the Asia region may only be made available on a cost-matching basis from non U.S. government sources. Requires that specified funds under this Act be made available for: (1) increased U.S. trade in the Asia region; (2) exchange programs for the region, including for the Young Southeast Asian Leaders Initiative; (3) democracy and human rights promotion in the region; and (4) conflict resolution in the region. Directs the Secretary to report to Congress detailing the funds provided for the Asia Rebalancing Initiative for each fiscal year beginning in FY2012. Directs the Secretary to submit to Congress a multi-year strategy to increase maritime security cooperation with countries in the Asia region. Makes specified funds under this Act available to: (1) promote democracy, human rights, and the rule of law in China; and (2) promote and preserve Tibetan culture and Tibetan communities in India and Nepal, and to assist in the development of the next generation of Tibetan leaders from such communities. Authorizes economic support funds under this Act for Burma, except that such funds shall not be available to any successor or affiliate organization of the State Peace and Development Council. States that funds under title III of this Act for Burma: may not be made available for budget support for the government; shall be provided to strengthen civil society organizations; shall be made available for community-based organizations operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced persons in eastern Burma; and shall be made available for ethnic and religious reconciliation programs. Makes funds under this Act for Burma available for implementation of a specified democracy and human rights strategy. Makes funds under this Act available for: (1) Department operations in Burma to continue consultations with the armed forces of Burma only on human rights and disaster response, and (2) the government of Burma if the Secretary certifies to Congress that such government has implemented election reforms. States that any new program in Burma initiated in FY2015 shall be subject to prior congressional consultation. Prohibits funds under titles III and IV of this Act from being made available for assistance for the government of Cambodia unless the Secretary certifies to Congress Cambodia: is implementing electoral reforms; has scheduled parliamentary elections; is protecting the rights of the Cambodian people to freedoms of expression, association, and assembly; has released all political prisoners and is investigating and prosecuting human rights violations committed by Cambodian security forces; and is promoting civil society and Internet freedom. Makes economic support funds under this Act available for democracy and human rights programs in Cambodia. Prohibits funds under this act for a U.S. contribution to a Khmer Rouge tribunal from being made available unless the Secretary certifies to Congress that international donors have reimbursed the Documentation Center of Cambodia and have determined the costs associated with the Center's winding down. Directs the Secretary of the Treasury to instruct the U.S. executive directors of the World Bank and the Asian Development Bank to vote against any loan, agreement, or other financial support for Cambodia, except to meet basic human needs, until the Secretary certifies that Cambodia has met specified democratic requirements. Obligates funds for broadcasts into North Korea. Makes funds available for assistance for refugees from North Korea, including for protection activities in China. Prohibits economic support funds from being made available for the government of North Korea. Prohibits: (1) specified funds under this Act from being obligated or expended for export licenses of U.S. origin satellites (including commercial satellites and satellite components) to China without prior notice to Congress; and (2) funds under this Act from being used to finance any grant, contract, or cooperative agreement with the People's Liberation Army or any affiliated entity. Makes specified funds under this Act available to counter China's strategic influence. Withholds specified military funds under this Act for the Philippines until the Secretary submits a specified report to Congress. Urges the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans. Makes economic support funds under this Act funds available to nongovernmental organizations to preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China. Makes specified economic support funds available for remediation of dioxin contaminated areas in Vietnam. (Sec. 7044) Prohibits funds under titles I, II, and VIII of this Act for construction and renovation of U.S. government facilities in Afghanistan from being made available to accommodate federal employee positions or to expand aviation facilities or assets above those notified by the Department and USAID or contractors in addition to those in place on January 17, 2014. Exempts from such restriction funds that are necessary to protect such facilities or the security and welfare of U.S. personnel. States that specified funds under this Act for Afghanistan: may not be used to support any new program or activity, including site visits, for which regular oversight by a direct hire or designated Foreign Service National of the Department or USAID is not possible; shall only be made for programs that the government of Afghanistan or other Afghan entity is capable of sustaining; may be made for independent election bodies; may be made for reconciliation programs and disarmament, demobilization, and reintegration activities for former combatants; should not be used to initiate new major infrastructure projects; shall be used to implement the United States Embassy Kabul Gender Strategy; may not be made to any individual or organization that the Secretary believes is involved in corrupt practices; and shall prioritize programs that promote women's economic and political empowerment. Prohibits the obligation of specified funds to the the government of Afghanistan unless the Secretary certifies to Congress that: Afghanistan has held free and fair elections; the United States and Afghanistan have agreed to a Bilateral Security Agreement that further defines the security partnership with Afghanistan, including support for counterterrorism operations; Afghanistan is taking steps to protect the rights of Afghan women and girls; and Afghanistan is making credible efforts to reduce corruption and recover stolen assets. Makes specified funds available for Bangladesh to improve labor conditions by strengthening the capacity of independent workers' organizations in Bangladesh's ready made garment, shrimp, and fish export sectors. Makes certain military financing funds available for Nepal only if the Secretary certifies to Congress that Nepal is investigating and prosecuting violations of human rights and the laws of war, and the Nepal army is cooperating fully with civilian judicial authorities. Exempts assistance for humanitarian relief and reconstruction activities from such restriction. Withholds specified assistance under this Act for Pakistan until the Secretary certifies to Congress that Pakistan is: (1) cooperating with the United States in counterterrorism efforts, (2) not supporting terrorist activities against the United States or coalition forces in Afghanistan, (3) preventing the proliferation of nuclear-related material and expertise, and (5) dismantling improvised explosive device (IED) networks, Authorizes specified military assistance under this Act for Pakistan to be made available only for counterterrorism, counter piracy, and counterinsurgency capabilities in Pakistan. Makes specified assistance under this Act for Pakistan available to: (1) interdict precursor materials from Pakistan to Afghanistan that are used to manufacture IEDs, and (2) encourage alternative fertilizer use among Pakistani farmers. Withholds funds under title IV of this Act from Pakistan until the Secretary reports to Congress that Dr. Shakil Afridi has been released from prison and cleared of all charges relating to the assistance provided to the United States in locating Osama bin Laden. Urges the Secretary to suspend assistance for the government of Pakistan if Pakistan fails to make progress in meeting certain benchmarks regarding combating poverty, countering extremism, and establishing conditions conducive to the rule of law and accountable governance. Directs the Secretary to report to Congress detailing the costs and objectives associated with significant infrastructure projects supported by the United States in Pakistan. Obligates economic support funds for scholarships for women in Pakistan. Prohibits specified funds from being made available to Sri Lanka, defense export license from being issued, and military equipment or technology from being sold or transferred unless the Secretary certifies to Congress that Sri Lanka is meeting specified conditions. States that, if the Secretary makes such certification, foreign military financing funds should be used to support the recruitment and training of Tamils into the Sri Lankan military, Tamil language training for Sinhalese military personnel, and human rights training for all military personnel. Directs the Secretary of the Treasury to instruct U.S. executive directors at international financial institutions to vote against any loan, agreement, or other financial support for Sri Lanka, except to meet basic human needs, unless the Secretary makes specified certifications. Makes specified economic support funds available for cross border stabilization and development programs between Afghanistan and Pakistan or between either country and the Central Asian countries. (Sec. 7045) Directs the Secretary to submit to Congress a prevention and response strategy and spend plan to address key factors in Central America that are contributing to significant increases in migration of unaccompanied, undocumented minors to the United States. Obligates funds to implement such strategy. States that specified funds should be made available to expand the repatriation facility at San Salvador's Comalapa Airport for processing of undocumented Salvadoran migrants returning from the United States. Authorizes the use of funds under this Act for Columbia for a campaign against narcotics trafficking, illegal armed groups, and foreign terrorist organizations, and to protect human health and welfare in emergency circumstances. Limits certain funding under this Act for aerial drug eradication in Colombia and for the Colombian armed forces until the Secretary makes certain certifications to Congress. Makes economic support funds under this Act available for Cuba and for USDA programs for private business development. Makes Haiti eligible to purchase U.S. defense articles and services for its Coast Guard. Makes certain law enforcement/narcotics control and military funds under this Act available for the Mexican and Honduran armies and police only in accordance with specified requirements. Exempts from such restriction assistance to promote transparency and anti-corruption. Directs the Secretary to certify to Congress that: (1) Mexico has outlined a delivery schedule for amounts of water necessary to eliminate any deficit to the United States under the current cycle of five consecutive years for deliveries to the Rio Grande, and (2) the current cycle ends in a debt free status. Urges that specified funds under this Act be made available for labor and environmental capacity building activities relating to free trade agreements with countries of Central America, Colombia, Peru, and the Dominican Republic. (Sec. 7046) Prohibits funds during FY2015 under titles III through VI of this Act from being used to pay any assessments, arrearages, or dues of any U.N. member, or from certain funds under this Act for the costs for attendance of another country's delegation at international conferences held under the auspices of multilateral or international organizations. (Sec. 7047) Permits the President to provide up to a specified amount of commodities and services to the United Nations War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia. (Sec. 7048) Withholds specified funds under titles I and V of this Act for contributions to any U.N. agency or the Organization of American States (OAS) if the Secretary reports to Congress that the agency or organization is not taking specified actions regarding whistle blower protection and financial and performance transparency. Prohibits funds under title I of this Act from being used to pay expenses for any U.S. delegation to any specialized U.N. agency, body, or commission that is presided over by a country that supports international terrorism. Makes specified funds available for U.S. contributions or assessments for the United Nations Human Rights Council (UNHRC) only if the Secretary reports to Congress that UNRHC participation is in the U.S. national interest. (Sec. 7049) Authorizes the use of specified funds during FY2015 under titles III and IV of this Act to enhance the effectiveness and accountability of civilian police authority through human rights training and through the promotion of civilian police roles that support democratic governance, including programs on conflict prevention, police-community relations, disaster assistance, and gender-based violence. (Sec. 7050) Obligates specified funds under titles I and III of this Act for programs to promote Internet freedom globally. Prioritizes such funds for those countries whose governments restrict Internet freedom and that are important to U.S. national interests. (Sec. 7051) Prohibits the use of specified funds to send or otherwise pay for the attendance of more than 50 U.S.-stationed employees from a federal department or agency at any single conference outside the United States unless such attendance is important to the national interest. (Sec. 7052) Authorizes the transfer of certain aircraft including for the transportation of active and standby Civilian Response Corps personnel and equipment. Requires that the use of Department and USAID aircraft used primarily to transport personnel shall be coordinated under the authority of the appropriate Chief of Mission. (Sec. 7053) Withholds assistance during FY2015 to a foreign country in an amount equal to 110% of the total unpaid property tax and unpaid parking fines and penalties incurred from April 1, 1997-September 30, 2013, and owed by the country to the District of Columbia or New York City. (Sec. 7054) Authorizes disposal on a grant basis in foreign countries during FY2015 of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes. Restricts military assistance for cluster munitions. (Sec. 7055) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. Makes specified funds available for USAID assistance to private and voluntary organizations engaged in facilitating public discussion of hunger and other related issues. (Sec. 7056) Limits the amount of funds under title II of this Act during FY2015 that may be used for official USAID residence expenses. (Sec. 7057) Allocates specified funds under title III of this Act for USAID to hire up to 175 persons per fiscal year on a limited appointment basis in the United States and abroad. Conditions such hirings upon an equivalent elimination of USAID nondirect-hire employees. Terminates such authority on September 30, 2016. Authorizes up to four-year extensions for limited-appointment Foreign Service personnel. Authorizes specified funds under title III of this Act for the costs of persons detailed to or employed by USAID to carry out natural or man-made disaster response programs. Authorizes specified funds under this Act to be used by USAID to employ up to 40 personal services contractors in the United States for new or expanded overseas programs until permanent personnel are hired. Limits to 15 the number of such contractors that may be assigned to any bureau or office. Continues USAID authority to appoint into the Senior Foreign Service and employ up to 10 individuals for programs in Afghanistan or Pakistan. Requires USAID to establish a new Foreign Service position designated as a Local Sustainable Development Officer. Authorizes certain funds under this Act to be used to employ up to 15 individuals on a limited appointment basis for activities related to the United States Global Development Lab. (Sec. 7058) States that funds appropriated by titles III and IV of this Act for child survival activities or disease programs, including HIV/AIDS research, prevention and treatment activities, may be made available notwithstanding any other provision of law except for specified provisions. States that specified funds under title III of this Act should be made available for family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species. Authorizes specified funds to be made available to combat a pandemic virus if the President reports to Congress that the virus is severe and is spreading internationally. (Sec. 7059) Makes specified funds under this Act available for: (1) gender programs, (2) programs to increase political opportunities for women in countries where women and girls suffer severe forms of discrimination, and (3) a multi-year strategy to prevent and respond to gender-based violence in countries where it is common. Makes funds under this Act available to: (1) promote gender equality in U.S. government and development efforts; and (2) empower women as equal partners in conflict prevention, peace building, and reconstruction efforts. States that programs funded under titles III and IV of this Act to train foreign police and judicial and military personnel shall: (1) address prevention and response to gender-based violence and trafficking in persons, and (2) promote the integration of women into the police and other security forces of their countries. (Sec. 7060) Allocates specified funds for: basic and higher education, programs to counter violent extremism, environment programs, food security and agriculture development programs, microenterprise and microfinance development programs for the poor and women, reconciliation programs which bring together individuals of different backgrounds from areas of civil strife and war, activities to combat trafficking in persons, and water and sanitation supply projects. (Sec. 7061) Applies specified human-rights-based conditions on assistance to Uzbekistan under this Act, except that the Secretary may waive such conditions for Uzbekistan for six-month periods through September 30, 2016, if in the U.S. national security interest and necessary to obtain access to and from Afghanistan. (Sec. 7062) Prohibits funds under titles III through VI of this Act during FY2015 from being provided to a nongovernmental organization or contractor which fails to provide documents, files, or records for USAID auditing requirements. (Sec. 7063) Makes specified funds available in FY2015 for the United Nations Population Fund (UNFPA). Prohibits the use of funds under this Act by UNPFA for a program in China. (Sec. 7064) Requires each department, agency, or organization funded under titles I and II of this Act, and the independent agencies and the Department of the Treasury funded under title III of this Act to submit to Congress an operating plan for funds appropriated or otherwise available for obligation in FY2015. Requires the Secretary to submit to Congress a spend plan for funds made available under titles III and IV of this Act for assistance for: Iraq, Afghanistan, Colombia, Egypt, Haiti, Lebanon, Libya, Mexico, Pakistan, Yemen, and the West Bank and Gaza; democracy programs, and food security and agriculture development programs; and the Caribbean Basin Security Initiative, the Central American Regional Security Initiative, the Trans-Sahara Counterterrorism Partnership program, and the Partnership for Regional East Africa Counterterrorism program. (Sec. 7065) Obligates specified funds under this Act for assistance to eliminate inhumane conditions in foreign prisons and other detention facilities. (Sec. 7066) Prohibits the use of funds under this Act to support or justify the use of torture, cruel, or inhumane treatment by any U.S. government official or contract employee. (Sec. 7067) Prohibits the use of funds under this Act (other than funds for narcotics control and law enforcement, refugee assistance, or antiterrorism activities) during FY2015 to assist the government of a country with which the United States has diplomatic relations and an extradition treaty and refuses to extradite to the United States any individual charged with a criminal offense for which the maximum penalty is life imprisonment without parole, or for killing a law enforcement officer. Authorizes the Secretary to waive such restriction on a case-by-case basis if important to U.S. national interests. (Sec. 7068) Authorizes the commercial leasing of certain defense articles (instead of the government-to-government sale) during FY2015 to Israel, Egypt, North Atlantic Treaty Organization (NATO) members, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons. (Sec. 7069) Prohibits, with a U.S. national interest waiver, specified funds under this Act during FY2015 from being made available to a government of an Independent State of the former Soviet Union that directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union. Authorizes the President to waive such restriction if in the U.S. national security interest. Authorizes economic support funds under this Act to be made available to specified countries pursuant to the Support for Eastern European Democracy (SEED) Act of 1989 and the FREEDOM Support Act. (Sec. 7071) Directs the Secretary of the Treasury to: (1) instruct the U.S. Executive Director of the International Monetary Fund (IMF) to ensure that any loan will be repaid to the IMF before other private creditors, and (2) seek to require that the IMF is implementing whistle blower best practices. Extends certain IMF transparency provisions to this Act. Authorizes the U.S. Governor of the IMF to agree to: (1) specified amendments to the Articles of Agreement, and (2) an increase in the U.S. quota of the IMF. (Sec. 7072) Prohibits the use of funds under this Act during FY2015 for first-class travel by employees of agencies funded under this Act in contravention of the Federal Travel Regulation System. (Sec. 7073) Requires any report, with specified exceptions, that is required by this Act to be submitted to Congress by any federal agency receiving funds under this Act to be posted on the agency's public website within 30 days of its receipt by Congress. (Sec. 7074) Makes funds appropriated by this Act available for the Secretary to implement procedures for determining whether U.S. citizens and nationals detained abroad are more likely than not detained arbitrarily and in violation of international law, and deserving of enhanced legal and diplomatic support. Directs the Secretary to: (1) submit to Congress a quarterly report on U.S. citizens and nationals so detained, and (2) publish a related resource manual for government officials and families of wrongly detained individuals. (Sec. 7075) Prohibits funds under this Act from being obligated or expended to implement the Arms Trade Treaty in the United States until the Senate approves a resolution of ratification for the Treaty. (Sec. 7076) Authorizes the transfer of certain funds under title III of this Act for OPIC. (Sec. 7077) Authorizes funds to be obligated during FY2015 for the Special Defense Acquisition Fund, to remain available for obligation until September 30, 2016. (Sec. 7078) States that, if the executive branch during FY2015 makes a determination not to comply with any provision of this Act on constitutional grounds, the head of the relevant federal agency shall notify Congress concerning the basis for such determination and any resulting program and policy changes. (Sec. 7079) Makes specified funds available for USAID programs for people with disabilities in developing countries. (Sec. 7080) Prohibits during FY2015 the provision of funds under titles III through VI of this Act for: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees, or (2) assistance for any program that contributes to the violation of internationally recognized workers rights in the recipient country. (Sec. 7081) Amends the Asian Development Bank Act to authorize: (1) the United States Governor of the Asian Development Bank to contribute on behalf of the United States to the tenth replenishment of the resources of the Asian Development Fund, and (2) appropriations for the contribution. Amends the The International Development Association Act to authorize: (1) The United States Governor of the International Development Association to contribute to the seventeenth replenishment of the Association, and (2) appropriations for the contribution. Authorizes: (1) the Secretary of the Treasury to make a contribution to the International Development Association for funding debt relief costs under the Multilateral Debt Relief Initiative incurred in the period governed by the seventeenth replenishment of resources of the Association, and (2) appropriations for the contribution. Amends the African Development Fund Act to authorize: (1) the United States Governor of the African Development Fund to contribute to the thirteenth replenishment of the Fund, and (2) appropriations for the contribution. Authorizes: (1) the Secretary of the Treasury to make a contribution to the African Development Fund for funding debt relief costs under the Multilateral Debt Relief Initiative incurred in the period governed by the thirteenth replenishment of resources of the Fund, and (2) appropriations for the contribution. (Sec. 7082) Rescinds specified amounts from unexpended balances for the Department of State, foreign operations, and related programs. (Sec. 7083) Revises the fee for a border crossing card for minors. (Sec. 7084) Establishes within USAID a small grants program (in lieu of the development grants program) to provide small grants, cooperative agreements, and other assistance mechanisms to small nongovernmental organizations, universities, and other small entities for specified development assistance under the Foreign Assistance Act of 1961. Provides that: (1) funds under this section shall remain available for obligation until September 30, 2019; and (2) grants, cooperative agreements, and other assistance mechanisms may entail expenditure commitments through FY2020. (Sec. 7085) Provides that a federal court shall have jurisdiction to review a petition claiming a violation of the the Vienna Convention on Consular Relations or a comparable bilateral international agreement addressing consular notification and access filed by an individual convicted and sentenced to death by any federal or state court before the date of enactment of this Act. (Sec. 7086) Amends the the Vietnam Education Foundation Act of 2000 to make excess amounts deposited into the Vietnam Debt Repayment Fund available in FY2014-FY2018 for grants to support the establishment of Fulbright University Vietnam. Authorizes the Secretary to award one or more grants to the Trust for University Innovation in Vietnam to support the establishment of Fulbright University Vietnam. (Sec. 7087) States that in determining assistance eligibility under part I of the Foreign Assistance Act of 1961 foreign nongovernmental organizations shall not be: ineligible for assistance solely on the basis of health or medical services provided with non-U.S. government funds if such services do not violate the laws of the country in which they are being provided and would not violate U.S. law if provided in the United States, and subject to requirements relating to the use of non-U.S. government funds for advocacy and lobbying activities other than those that apply to U.S. nongovernmental organizations receiving assistance under such part. Title VIII: Overseas Contingency Operations - Appropriates additional funds to the Department for: administration and diplomatic and consular programs; the Office of Inspector General; educational and cultural exchange programs; embassy security, construction, and maintenance; and conflict stabilization operations. Appropriates additional funds for contributions to international organizations. Appropriates additional funds to USAID for operating expenses. Appropriates additional funds for bilateral assistance for: (1) international disaster assistance, (2) the Complex Crisis Fund, (3) the Economic Support Fund, and (4) migration and refugee assistance. Appropriates additional assistance for international security assistance for: (1) peacekeeping operations; (2) narcotics control and law enforcement; (3) nonproliferation, anti-terrorism, demining, and related programs. Appropriates additional funds to the President for the foreign military financing program. Appropriates funds for multilateral assistance for payment to the International Bank of Reconstruction and Development. (Sec. 8001) States that: funds appropriated in this title are in addition to amounts appropriated or otherwise made available in this Act for FY2015, and such additional funds shall be available under the authorities and conditions applicable to such appropriations accounts. (Sec. 803) Authorizes the transfer of specified funds under this title. (Sec. 804) States that each amount designated in this title by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available only if the President so designates all such amounts and transmits such designations to Congress.

113 S2499 PCS: Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 435 113th CONGRESS 2d Session S. 2499 [Report No. 113–195] IN THE SENATE OF THE UNITED STATES June 19, 2014 Mr. Leahy Committee on Appropriations A BILL Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2015, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2015, and for other purposes, namely: I Department of State and Related Agency Department of state Administration of foreign affairs Diplomatic and consular programs (including transfer of funds) For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, $6,460,639,000, of which up to $695,000,000 may remain available until September 30, 2016, and of which up to $2,128,115,000 may remain available until expended for Worldwide Security Protection: Provided (1) Human resources For necessary expenses for training, human resources management, and salaries, including employment without regard to civil service and classification laws of persons on a temporary basis (not to exceed $700,000), as authorized by section 801 of the United States Information and Educational Exchange Act of 1948, $2,270,036,000, of which up to $331,885,000 is for Worldwide Security Protection and of which not less than $1,500,000 is for human rights vetting. (2) Overseas programs For necessary expenses for the regional bureaus of the Department of State and overseas activities as authorized by law, $1,595,805,000. (3) Diplomatic policy and support For necessary expenses for the functional bureaus of the Department of State, including representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific Acts of Congress, general administration, and arms control, nonproliferation and disarmament activities as authorized, $780,860,000, of which not less than $3,500,000 is for human rights vetting. (4) Security programs For necessary expenses for security activities, $1,813,938,000, of which up to $1,796,230,000 is for Worldwide Security Protection. (5) Fees and payments collected In addition to amounts otherwise made available under this heading— (A) not to exceed $1,806,600 shall be derived from fees collected from other executive agencies for lease or use of facilities located at the International Center in accordance with section 4 of the International Center Act, and, in addition, as authorized by section 5 of such Act, $533,000, to be derived from the reserve authorized by that section, to be used for the purposes set out in that section; (B) as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees from educational advising and counseling and exchange visitor programs; and (C) not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities. (6) Transfer, reprogramming, and other matters (A) Notwithstanding any provision of this Act, funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section 7015 of this Act. (B) Of the amount made available under this heading, not to exceed $10,000,000 may be transferred to, and merged with, funds made available by this Act under the heading Emergencies in the Diplomatic and Consular Service (C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger motor vehicles as authorized by law and, pursuant to 31 U.S.C. 1108(g) (D) Of the funds appropriated under this heading, up to $23,500,000, to remain available until expended, shall be for Conflict Stabilization Operations and for related reconstruction and stabilization assistance to prevent or respond to conflict or civil strife in foreign countries or regions, or to enable transition from such strife. (E) Of the amount made available under this heading, not to exceed $1,000,000 may be used to make grants to carry out the activities of the Cultural Antiquities Task Force. capital investment fund For necessary expenses of the Capital Investment Fund, $56,400,000, to remain available until expended, as authorized. Office of inspector general For necessary expenses of the Office of Inspector General, $73,400,000, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980 Public Law 96–465 Provided Educational and cultural exchange programs For expenses of educational and cultural exchange programs, as authorized, $590,770,000, to remain available until expended: Provided, Provided further Provided further Provided further Provided further 8 U.S.C. 1101(a)(15)(J) Representation expenses For representation expenses as authorized, $8,030,000. Protection of foreign missions and officials For expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services, as authorized, $30,036,000, to remain available until September 30, 2016. Embassy security, construction, and maintenance For necessary expenses for carrying out the Foreign Service Buildings Act of 1926 (22 U.S.C. 292–303), preserving, maintaining, repairing, and planning for buildings that are owned or directly leased by the Department of State, renovating, in addition to funds otherwise available, the Harry S Truman Building, and carrying out the Diplomatic Security Construction Program as authorized, $799,400,000, to remain available until expended as authorized, of which not to exceed $25,000 may be used for domestic and overseas representation expenses as authorized: Provided, In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $1,217,500,000, to remain available until expended: Provided Emergencies in the diplomatic and consular service For necessary expenses to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service, $7,900,000, to remain available until expended as authorized, of which not to exceed $1,000,000 may be transferred to, and merged with, funds appropriated by this Act under the heading Repatriation Loans Program Account Repatriation loans program account For the cost of direct loans, $1,300,000, as authorized: Provided Provided further, payment to the american institute in taiwan For necessary expenses to carry out the Taiwan Relations Act ( Public Law 96–8 Payment to the foreign service retirement and disability fund For payment to the Foreign Service Retirement and Disability Fund, as authorized, $158,900,000. International organizations Contributions to international organizations For necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions or specific Acts of Congress, $1,440,524,000: Provided section 1105(a) Provided further Provided further Provided further Provided further, Provided further Provided further International Commissions For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows: International boundary and water commission, united states and mexico For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation expenses; as follows: Salaries and expenses For salaries and expenses, not otherwise provided for, $45,415,000. Construction For detailed plan preparation and construction of authorized projects, $26,461,000, to remain available until expended, as authorized. American sections, international commissions For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and the Border Environment Cooperation Commission as authorized by Public Law 103–182 Provided, International fisheries commissions For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $37,180,000: Provided related agency Broadcasting board of governors International broadcasting operations For necessary expenses to enable the Broadcasting Board of Governors (BBG), as authorized, to carry out international communication activities, and to make and supervise grants for radio and television broadcasting to the Middle East, $716,460,000: Provided Provided further, Provided further Public Law 107–228 22 U.S.C. 6206 Provided further 22 U.S.C. 6202 Provided further Provided further Broadcasting capital improvements For the purchase, rent, construction, repair, preservation, and improvement of facilities for radio, television, and digital transmission and reception; the purchase, rent, and installation of necessary equipment for radio, television, and digital transmission and reception, including to Cuba, as authorized; and physical security worldwide, in addition to amounts otherwise available for such purposes, $4,800,000, to remain available until expended, as authorized. Related programs The asia foundation For a grant to The Asia Foundation, as authorized by The Asia Foundation Act ( 22 U.S.C. 4402 United States Institute of Peace For necessary expenses of the United States Institute of Peace, as authorized by the United States Institute of Peace Act, $37,000,000, to remain available until September 30, 2016, which shall not be used for construction activities: Provided Center for Middle Eastern-Western Dialogue Trust Fund For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as authorized by section 633 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 ( 22 U.S.C. 2078 Eisenhower exchange fellowship program For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 ( 20 U.S.C. 5204–5205 Provided, Israeli arab scholarship program For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations Authorization Act 22 U.S.C. 2452 East-West center To enable the Secretary of State to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to the Center for Cultural and Technical Interchange Between East and West in the State of Hawaii, $16,700,000. national endowment for democracy For grants made by the Department of State to the National Endowment for Democracy, as authorized by the National Endowment for Democracy Act, $135,000,000, to remain available until expended, of which $100,000,000 shall be allocated in the traditional and customary manner, including for the core institutes, and $35,000,000 shall be for democracy, human rights, and rule of law programs. other commissions commission for the preservation of america’s heritage abroad salaries and expenses For necessary expenses for the Commission for the Preservation of America’s Heritage Abroad, $644,000, as authorized by section 1303 of Public Law 99–83 Provided Public Law 99–83 16 U.S.C. 469j Provided further Provided further United states commission on international religious freedom Salaries and expenses For necessary expenses for the United States Commission on International Religious Freedom, as authorized by title II of the International Religious Freedom Act of 1998 ( Public Law 105–292 Provided Commission on Security and Cooperation in Europe Salaries and expenses For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304 Congressional-Executive Commission on the People's Republic of China Salaries and expenses For necessary expenses of the Congressional-Executive Commission on the People's Republic of China, as authorized by title III of the U.S.-China Relations Act of 2000 (22 U.S.C. 6911–6919), $2,000,000, including not more than $3,000 for representation expenses, to remain available until September 30, 2016. United States-China Economic and Security Review Commission salaries and expenses For necessary expenses of the United States-China Economic and Security Review Commission, as authorized by section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( 22 U.S.C. 7002 Provided Public Law 111–117 II United states agency for international development Funds appropriated to the president Operating expenses For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $1,170,614,000, of which up to $175,500,000 may remain available until September 30, 2016: Provided Capital Investment Fund Provided further Provided further Operating Expenses Provided further Capital investment fund For necessary expenses for overseas construction and related costs, and for the procurement and enhancement of information technology and related capital investments, pursuant to section 667 of the Foreign Assistance Act of 1961, $130,815,000, to remain available until expended: Provided Provided further Office of inspector general For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $54,038,000, of which $8,100,000 may remain available until September 30, 2016, for the Office of Inspector General of the United States Agency for International Development. III bilateral economic assistance funds appropriated to the president For necessary expenses to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, as follows: Global health programs (including transfer of funds) For necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for global health activities, in addition to funds otherwise available for such purposes, $2,769,000,000, to remain available until September 30, 2016, and which shall be apportioned directly to the United States Agency for International Development (USAID): Provided Public Law 113–76 Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further motivate Provided further In addition, for necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, HIV/AIDS, $5,370,000,000, to remain available until September 30, 2019, which shall be apportioned directly to the Department of State: Provided Public Law 108–25 Provided further Provided further Provided further Development assistance For necessary expenses to carry out the provisions of sections 103, 105, 106, 214, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961, $2,421,964,000, to remain available until September 30, 2016: Provided Provided further International disaster assistance For necessary expenses to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 Transition initiatives For necessary expenses for international disaster rehabilitation and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development (USAID), pursuant to section 491 of the Foreign Assistance Act of 1961, $67,000,000, to remain available until expended, to support transition to democracy and long-term development for countries in crisis: Provided Provided further Provided further Provided further COMPLEX CRISES FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 to support programs and activities to prevent or respond to emerging or unforeseen foreign challenges and complex crises overseas, $25,000,000, to remain available until expended: Provided Provided further Provided further Provided further development credit authority (including transfer of funds) For the cost of direct loans and loan guarantees provided by the United States Agency for International Development (USAID), as authorized by sections 256 and 635 of the Foreign Assistance Act of 1961, up to $40,000,000 may be derived by transfer from funds appropriated by this Act to carry out part I of such Act: Provided Provided further Provided further Provided further Provided further In addition, for administrative expenses to carry out credit programs administered by USAID, $8,200,000, which may be transferred to, and merged with, funds made available under the heading Operating Expenses Provided Economic support fund (including transfer of funds) For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $2,540,475,000, to remain available until September 30, 2016. Democracy fund For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 Department of State Migration and refugee assistance For necessary expenses not otherwise provided for, to enable the Secretary of State to carry out the provisions of section 2(a) and (b) of the Migration and Refugee Assistance Act of 1962, and other activities to meet refugee and migration needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by section 3109 Provided united states emergency refugee and migration assistance fund For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962, as amended ( 22 U.S.C. 2601(c) independent agencies Peace corps (including transfer of funds) For necessary expenses to carry out the provisions of the Peace Corps Act ( 22 U.S.C. 2501–2523 Provided 22 U.S.C. 2515 Provided further Provided further Provided further Provided further Provided further Millennium challenge corporation For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 (MCA), $901,000,000, to remain available until expended: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further, Provided further, Inter-american foundation For necessary expenses to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, $22,500,000, to remain available until September 30, 2016: Provided United States African development foundation For necessary expenses to carry out title V of the International Security and Development Cooperation Act of 1980 ( Public Law 96–533 Provided Provided further, Provided further, Provided further, Provided further Provided further Provided further department of the treasury international affairs technical assistance For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $23,500,000, to remain available until September 30, 2017, which shall be available notwithstanding any other provision of law. IV International security assistance Department of State Contributions for international peacekeeping activities For necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $1,962,555,000, of which 15 percent shall remain available until September 30, 2016: Provided Provided further Provided further Provided further Provided further Provided further Provided further Public Law 113–76 International narcotics control and law enforcement For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $708,000,000, to remain available until September 30, 2016: Provided Provided further Provided further, Public Law 110–161 Provided further, Public Law 110–252 Provided further, Provided further, Nonproliferation, anti-terrorism, demining and related programs For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $593,775,000, to remain available until September 30, 2016, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international organizations, and section 301 of the Foreign Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided Provided further, Provided further Provided further Provided further Peacekeeping operations For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $120,000,000: Provided Provided further Provided further Provided further funds appropriated to the president international military education and training For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $104,674,000, of which up to $4,000,000 may remain available until September 30, 2016, and may only be provided through the regular notification procedures of the Committees on Appropriations: Provided Provided further Foreign military financing program For necessary expenses for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $4,803,645,000: Provided Provided further Provided further Provided further Provided further Provided further Provided further None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurement has first signed an agreement with the United States Government specifying the conditions under which such procurement may be financed with such funds: Provided Provided further, Provided further Foreign Military Sales Financing Program Provided further Provided further Provided further Provided further V Multilateral assistance Funds appropriated to the president International organizations and programs For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1961, and of section 2 of the United Nations Environment Program Participation Act of 1973, $351,000,000, of which not less than $11,700,000 shall be made available for the Intergovernmental Panel on Climate Change/United Nations Framework Convention on Climate Change: Provided Provided further International financial institutions Global environment facility For payment to the International Bank for Reconstruction and Development as trustee for the Global Environment Facility by the Secretary of the Treasury, $136,563,000, to remain available until expended. Contribution to the international development association For payment to the International Development Association by the Secretary of the Treasury, $1,285,000,000, to remain available until expended. For payment to the International Development Association by the Secretary of the Treasury to satisfy commitments made by the United States to support the Multilateral Debt Relief Initiative, including through generation of early encashment credits, $78,900,000, to remain available until expended. CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT For payment to the International Bank for Reconstruction and Development by the Secretary of the Treasury for the United States share of the paid-in portion of the increases in capital stock, $192,920,689, to remain available until expended. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONs The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $2,928,990,899. Contribution to the clean technology fund For payment to the International Bank for Reconstruction and Development as trustee for the Clean Technology Fund by the Secretary of the Treasury, $201,253,000, to remain available until expended. Contribution to the strategic climate fund For payment to the International Bank for Reconstruction and Development as trustee for the Strategic Climate Fund by the Secretary of the Treasury, $63,184,000, to remain available until expended. Contribution to the inter-american development bank For payment to the Inter-American Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of the increase in capital stock, $102,020,448, to remain available until expended. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the Inter-American Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $4,098,794,833. CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT FUND For payment to the Enterprise for the Americas Multilateral Investment Fund by the Secretary of the Treasury, $10,000,000, to remain available until expended: Provided Contribution to the asian development bank For payment to the Asian Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of increase in capital stock, $112,194,435, to remain available until expended. Limitation on callable capital subscriptions The United States Governor of the Asian Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $2,558,048,769. Contribution to the asian development fund For payment to the Asian Development Fund by the Secretary of the Treasury, $100,100,000, to remain available until expended. Contribution to the african development bank For payment to the African Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of the increase in capital stock, $34,118,587, to remain available until expended. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the African Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $507,860,808. Contribution to the african development fund For payment to the African Development Fund by the Secretary of the Treasury, $175,000,000, to remain available until expended. For payment to the African Development Fund by the Secretary of the Treasury to satisfy commitments made by the United States to support the Multilateral Debt Relief Initiative, including through generation of early encashment credits, $13,500,000, to remain available until expended. Contribution to the international fund for agricultural development For payment to the International Fund for Agricultural Development by the Secretary of the Treasury, $30,000,000, to remain available until expended. International Monetary Programs United states quota, international monetary fund direct loan program account For an increase in the United States quota in the International Monetary Fund, the dollar equivalent of 40,871,800,000 Special Drawing Rights, to remain available until expended: Provided International Assistance Programs—International Monetary Programs—United States Quota, International Monetary Fund Public Law 111–32 Public Law 111–32 Provided further Provided further Loans to international monetary fund direct loan program account (including rescission of funds) Of the amounts provided under the heading International Assistance Programs—International Monetary Programs—Loans to International Monetary Fund Provided International Assistance Programs—International Monetary Programs—Loans to International Monetary Fund Public Law 111–32 Public Law 111–32 Provided further Provided further VI Export and Investment Assistance Export-Import bank of the united states Inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $5,750,000, to remain available until September 30, 2016. Program account The Export-Import Bank (the Bank) of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided, Provided further Provided further Provided further Provided further Provided further Provided further, Provided further, Public Law 103–428 Public Law 103–428 administrative expenses For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 Provided Provided further Provided further Provided further Receipts collected Receipts collected pursuant to the Export-Import Bank Act of 1945 Federal Credit Reform Act of 1990 Provided Provided further Overseas private investment corporation Noncredit account The Overseas Private Investment Corporation is authorized to make, without regard to fiscal year limitations, as provided by 31 U.S.C. 9104 Provided, Provided further, Foreign Assistance Act of 1961 Program account For the cost of direct and guaranteed loans, $25,000,000, as authorized by section 234 of the Foreign Assistance Act of 1961 Provided, Provided further, Provided further, Provided further Provided further, Foreign Assistance Act of 1961 Provided further, In addition, such sums as may be necessary for administrative expenses to carry out the credit program may be derived from amounts available for administrative expenses to carry out the credit and insurance programs in the Overseas Private Investment Corporation Noncredit Account and merged with said account. Trade and development agency For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961 Provided VII General Provisions ALLOWANCES AND DIFFERENTIALS 7001. Section 7001 of division K of Public Law 113–76 UNOBLIGATED BALANCES REPORT 7002. Section 7002 of division K of Public Law 113–76 CONSULTING SERVICES 7003. Section 7003 of division K of Public Law 113–76 diplomatic facilities 7004. (a) Of funds provided under title I of this Act, except as provided in subsection (b), a project to construct a diplomatic facility of the United States may not include office space or other accommodations for an employee of a Federal agency or department if the Secretary of State determines that such department or agency has not provided to the Department of State the full amount of funding required by subsection (e) of section 604 of the Secure Embassy Construction and Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) of Public Law 106–113 (b) Notwithstanding the prohibition in subsection (a), a project to construct a diplomatic facility of the United States may include office space or other accommodations for members of the United States Marine Corps. (c) For the purposes of calculating the fiscal year 2015 costs of providing new United States diplomatic facilities in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 (d) Funds appropriated by this Act, and prior Acts making appropriations for the Department of State, foreign operations, and related programs, which may be made available for the acquisition of property for diplomatic facilities in Afghanistan, Pakistan, and Iraq, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (e) (1) Funds appropriated by this Act under the heading Embassy Security, Construction, and Maintenance Provided Provided further (2) Not later than 90 days after enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a list of all expeditionary, interim, and temporary diplomatic facilities and the number of personnel and security costs for each such facility: Provided (3) Notwithstanding any other provision of law, the opening, closure, or any significant modification to an expeditionary, interim, or temporary diplomatic facility shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations, except that such consultation and notification may be waived if there is a security risk to personnel. (f) Funds appropriated under the headings Diplomatic and Consular Programs Embassy Security, Construction, and Maintenance Provided Personnel actions 7005. Section 7005 of division K of Public Law 113–76 LOCAL GUARD CONTRACTS 7006. In evaluating proposals for local guard contracts, the Secretary of State shall award contracts in accordance with section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( 22 U.S.C. 4864 Provided prohibition against direct funding for certain countries 7007. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria: Provided coups d’état 7008. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d'état or decree or, after the date of enactment of this Act, a coup d'état or decree in which the military plays a decisive role: Provided Provided further Provided further Transfer authority 7009. (a) Department of state and broadcasting board of governors (1) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers, and no such transfer may be made to increase the appropriation under the heading Representation Expenses (2) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Broadcasting Board of Governors under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. (3) Any transfer pursuant to this section shall be treated as a reprogramming of funds under section 7015(a) and (b) of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. (b) Export financing transfer authorities Not to exceed 5 percent of any appropriation other than for administrative expenses made available for fiscal year 2015, for programs under title VI of this Act may be transferred between such appropriations for use for any of the purposes, programs, and activities for which the funds in such receiving account may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by any such transfer: Provided, (c) Limitation on transfers between agencies (1) None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. (2) Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961. (3) Any agreement entered into by the United States Agency for International Development (USAID) or the Department of State with any department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $1,000,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Global Health Programs Development Assistance Economic Support Fund Provided (d) Transfers Between Accounts None of the funds made available under titles II through V of this Act may be obligated under an appropriation account to which such funds were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations. (e) Audit of Inter-agency Transfers Any agreement for the transfer or allocation of funds appropriated by this Act, or prior Acts, entered into between the Department of State or USAID and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall expressly provide that the Inspector General (IG) for the agency receiving the transfer or allocation of such funds, or other entity with audit responsibility if the receiving agency does not have an IG, shall perform periodic program and financial audits of the use of such funds: Provided Provided further military assistance reports 7010. (a) Not later than 90 days after enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on funds obligated and expended during fiscal year 2014 under the headings International Military Education and Training Foreign Military Financing Program (b) The report required by section 656 of the Foreign Assistance Act of 1961 shall be submitted not later than January 31, 2015. Availability of funds 7011. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: Provided, Foreign Assistance Act of 1961 Arms Export Control Act Development Credit Authority Provided further, Foreign Assistance Act of 1961 Provided further, LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 7012. Section 7012 of division K of Public Law 113–76 prohibition on taxation of united states assistance 7013. (a) prohibition on taxation None of the funds appropriated under titles III through VI of this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement. (b) reimbursement of foreign taxes An amount equivalent to 200 percent of the total taxes assessed during fiscal year 2015 on funds appropriated by this Act by a foreign government or entity against United States assistance programs for which funds are appropriated by this Act, either directly or through grantees, contractors, and subcontractors shall be withheld from obligation from funds appropriated for assistance for fiscal year 2016 and allocated for the central government of such country and for the West Bank and Gaza program to the extent that the Secretary of State certifies and reports in writing to the Committees on Appropriations, not later than September 30, 2016, that such taxes have not been reimbursed to the Government of the United States. (c) de minimis exception Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b). (d) reprogramming of funds Funds withheld from obligation for each country or entity pursuant to subsection (b) shall be reprogrammed for assistance for countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes, and that can reasonably accommodate such assistance in a programmatically responsible manner. (e) determinations (1) The provisions of this section shall not apply to any country or entity the Secretary of State reports to the Committees on Appropriations— (A) does not assess taxes on United States assistance or which has an effective arrangement that is providing substantial reimbursement of such taxes; or (B) the foreign policy interests of the United States outweigh the purpose of this section to ensure that United States assistance is not subject to taxation. (2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any country or entity. (f) implementation The Secretary of State shall issue rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section. (g) definitions As used in this section— (1) the term ‘‘bilateral agreement’’ refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement; (2) the term taxes and taxation (h) Report The Secretary of State, in consultation with the heads of other relevant departments or agencies, shall submit a report to the Committees on Appropriations, not later than 90 days after the enactment of this Act, detailing steps taken by such departments or agencies to comply with the requirements of this section. reservations of funds 7014. (a) Funds appropriated under titles III through VI of this Act which are specifically designated may be reprogrammed for other programs within the same account notwithstanding the designation if compliance with the designation is made impossible by operation of any provision of this or any other Act: Provided Provided further (b) In addition to the authority contained in subsection (a), the original period of availability of such funds that are specifically designated for particular programs or activities by this or any other Act shall be extended for an additional fiscal year if the Secretary of State or the USAID Administrator, as appropriate, determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided (c) Ceilings and specifically designated funding levels contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided Notification requirements 7015. (a) None of the funds made available in titles I and II of this Act, or in prior appropriations Acts to the agencies and departments funded by this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of currency reflows or other offsetting collections, or made available by transfer, to the agencies and departments funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) closes or opens a mission or post; (6) creates, closes, reorganizes, or renames bureaus, centers, or offices; (7) reorganizes programs or activities; or (8) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds: Provided (b) None of the funds provided under titles I and II of this Act, or provided under previous appropriations Acts to the agency or department funded under titles I and II of this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agency or department funded under title I of this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. (c) None of the funds made available under titles III through VI and VIII of this Act under the headings Global Health Programs Development Assistance International Organizations and Programs Trade and Development Agency International Narcotics Control and Law Enforcement Economic Support Fund Democracy Fund Peacekeeping Operations Nonproliferation, Anti-terrorism, Demining and Related Programs Millennium Challenge Corporation Foreign Military Financing Program International Military Education and Training Peace Corps Conflict Stabilization Operations Provided Provided further (d) Notwithstanding any other provision of law, with the exception of funds transferred to, and merged with, funds appropriated under title I of this Act, funds transferred by the Department of Defense to the Department of State and the United States Agency for International Development for assistance for foreign countries and international organizations, and funds made available for programs authorized by section 1206 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 (e) The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided Provided further (f) None of the funds appropriated under titles III through VI of this Act shall be obligated or expended for assistance for Afghanistan, Bahrain, Bolivia, Burma, Cambodia, Cuba, Ecuador, Egypt, Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Pakistan, the Russian Federation, Serbia, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tunisia, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided through the regular notification procedures of the Committees on Appropriations. NOTIFICATION ON EXCESS DEFENSE EQUIPMENT 7016. Section 7016 of division K of Public Law 113–76 Limitation on availability of funds for international organizations and programs 7017. Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under titles III through VI of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961 or section 7048(a) of this Act, shall remain available for obligation until September 30, 2017: Provided Prohibition on funding for abortions and involuntary sterilization 7018. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. allocations 7019. (a) Funds provided in this Act shall be made available for programs and countries in the amounts contained in the respective tables in the report accompanying this Act. (b) For the purposes of implementing this section and only with respect to the tables in the report accompanying this Act, the Secretary of State, the Administrator of the United States Agency for International Development, and the Broadcasting Board of Governors, as appropriate, may propose deviations to the amounts referenced in subsection (a), subject to the regular notification procedures of the Committees on Appropriations. representation and entertainment expenses 7020. (a) Each Federal department, agency, or entity funded in titles I or II of this Act, and the Department of the Treasury and independent agencies funded in titles III or VI of this Act, shall take steps to ensure that domestic and overseas representation and entertainment expenses further official agency business and United States foreign policy interests and are— (1) primarily for fostering relations outside of the Executive Branch; (2) principally for meals and events of a protocol nature; (3) not for employee-only events; and (4) do not include activities that are substantially of a recreational character. (b) None of the funds appropriated or otherwise made available by this Act under the headings International Military Education and Training Foreign Military Financing Program Global Health Programs Development Assistance Economic Support Fund (1) alcoholic beverages; or (2) entertainment expenses for activities that are substantially of a recreational character, including but not limited to entrance fees at sporting events, theatrical and musical productions, and amusement parks. prohibition on assistance to governments supporting international terrorism 7021. (a) Lethal Military Equipment Exports (1) None of the funds appropriated or otherwise made available by titles III through VI of this Act may be available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism for purposes of section 6(j) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act: Provided Provided further (2) Assistance restricted by paragraph (1) or any other similar provision of law, may be furnished if the President determines that to do so is important to the national interests of the United States. (3) Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to the Committees on Appropriations a report with respect to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interests. (b) Bilateral Assistance (1) Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated under any such title in prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall not be made available to any foreign government which the President determines— (A) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; (B) otherwise supports international terrorism; or (C) is controlled by an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act. (2) The President may waive the application of paragraph (1) to a government if the President determines that national security or humanitarian reasons justify such waiver: Provided AUTHORIZATION REQUIREMENTS 7022. Section 7022 of division K of Public Law 113–76 definition of program, project, and activity 7023. For the purpose of titles II through VI of this Act program, project, and activity Economic Support Fund Foreign Military Financing Program program, project, and activity program, project, and activity (1) justified to the Congress; or (2) allocated by the Executive Branch in accordance with a report, to be provided to the Committees on Appropriations within 30 days of the enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961. AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND UNITED STATES AFRICAN DEVELOPMENT FOUNDATION 7024. Section 7024 of division K of Public Law 113–76 commerce, trade and surplus commodities 7025. Section 7025 of division K of Public Law 113–76 separate accounts 7026. Section 7026 of division K of Public Law 113–76 eligibility for assistance 7027. Section 7027 of division K of Public Law 113–76 local competition 7028. Section 7077 of division I of Public Law 112–74, as amended, shall continue in effect during fiscal year 2015. International financial institutions 7029. (a) None of the funds appropriated under title V of this Act should be made as payment to any international financial institution unless the Secretary of the Treasury certifies and reports to the Committees on Appropriations that such institution has a publicly available policy, including the strategic use of peer reviews and external experts, to conduct thorough, independent evaluations of the impact of each loan, grant, and significant analytical non-lending activity in advancing the institution’s goals of reducing poverty and promoting equitable economic growth consistent with appropriate safeguards, to ensure that decisions to support such loans, grants, and activities are based on accurate data and objective analysis. (b) None of the funds appropriated under title V of this Act may be made as payment to any international financial institution while the United States executive director to such institution is compensated by the institution at a rate which, together with whatever compensation such executive director receives from the United States, is above the rate payable for level IV of the Executive Schedule under section 5315 (c) The United States executive director of each international financial institution, after consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, shall seek to require that each such institution conducts rigorous human rights due diligence and human rights risk management, as appropriate, in connection with any loan, grant, policy, or strategy of such institution: Provided (d) The Secretary of the Treasury shall direct the United States executive directors of the World Bank and the Inter-American Development Bank to submit a report to the Committees on Appropriations not later than 30 days after enactment of this Act and every 90 days thereafter until September 30, 2015, on actions taken in the previous 90 days by such institutions and the Government of Guatemala to support the legal framework and financing for implementation of the April 2010 Reparations Plan for Damages Suffered by the Communities Affected by the Construction of the Chixoy Hydroelectric Dam in Guatemala. (e) The United States executive director of each international financial institution shall actively promote in loan, grant, and other financing agreements demonstrable improvements in borrowing countries’ financial management and judicial capacity to investigate, prosecute, and punish fraud and corruption. (f) The United States executive director of each international financial institution shall seek to require that each such institution collects, verifies, and publishes beneficial ownership information for any corporation or limited liability company, other than a publicly listed company, receiving a contract, loan, grant, or guarantee from such institution: Provided (g) The Secretary of the Treasury shall instruct the United States executive directors of the World Bank and the Inter-American Development Bank, and the director of the Office of Foreign Assets Control, to encourage and support investments that contribute to the economic and social development, integration, and stability of all countries in the Caribbean region, consistent with the Banks’ authority to support such investments. (h) For the purposes of this Act international financial institutions debt-for-development 7030. In order to enhance the continued participation of nongovernmental organizations in economic assistance activities under the Foreign Assistance Act of 1961, debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest earned on such investment shall be used for the purpose for which the assistance was provided to that organization. FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY 7031. (a) Limitation on direct government-to-Government assistance (1) Funds appropriated by this Act may be made available for direct government-to-government assistance only if— (A) each implementing agency or ministry to receive assistance has been assessed and is considered to have the systems required to manage such assistance and any identified vulnerabilities or weaknesses of such agency or ministry have been addressed; and (i) the recipient agency or ministry employs and utilizes staff with the necessary technical, financial, and management capabilities; (ii) the recipient agency or ministry has adopted competitive procurement policies and systems; (iii) effective monitoring and evaluation mechanisms are in place to ensure that such assistance is used for its intended purposes; and (iv) the government of the recipient country is taking steps to publicly disclose on an annual basis its national budget, to include income and expenditures; (B) the recipient government is in compliance with the principles set forth in section 7013 of this Act; (C) the recipient agency or ministry is not headed or controlled by an organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act; (D) the Government of the United States and the government of the recipient country have agreed, in writing, on clear and achievable objectives for the use of such assistance, which should be made available on a cost-reimbursable basis; and (E) the recipient government is taking steps to protect the rights of civil society, including freedoms of expression, association, and assembly. (2) In addition to the requirements in subsection (a), no funds may be made available for direct government-to-government assistance without prior consultation with, and notification of, the Committees on Appropriations: Provided Provided further (3) The Administrator of the United States Agency for International Development (USAID) or the Secretary of State, as appropriate, shall suspend any direct government-to-government assistance if the Administrator or the Secretary has credible information of material misuse of such assistance, unless the Administrator or the Secretary reports to the Committees on Appropriations that it is in the national interest of the United States to continue such assistance, including a justification, or that such misuse has been appropriately addressed. (4) The Secretary of State shall submit to the Committees on Appropriations, concurrent with the fiscal year 2016 congressional budget justification materials, amounts planned for assistance described in subsection (a) by country, proposed funding amount, source of funds, and type of assistance. (5) Not later than 90 days after the enactment of this Act and 6 months thereafter until September 30, 2015, the USAID Administrator shall submit to the Committees on Appropriations a report that— (A) details all assistance described in subsection (a) provided during the previous 6-month period by country, funding amount, source of funds, and type of such assistance; and (B) the type of procurement instrument or mechanism utilized and whether the assistance was provided on a reimbursable basis. (6) None of the funds made available by this Act may be used for any foreign country for debt service payments owed by any country to any international financial institution: Provided international financial institution (b) National budget and contract transparency (1) Determination and Report For each government identified pursuant to section 7031(b)(1) of division K of Public Law 113–76 significant progress no significant progress Fiscal Transparency Report Provided Provided further (2) Assistance Of the funds appropriated under title III of this Act, not less than $10,000,000 should be made available for programs and activities to assist governments identified pursuant to paragraph (1) to improve budget transparency and to support civil society organizations in such countries that promote budget transparency: Provided Provided further Fiscal Transparency Report (c) Anti-Kleptocracy and Human Rights (1) Officials of foreign governments and their immediate family members who the Secretary of State has credible information have been involved in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights shall be ineligible for entry into the United States. (2) Individuals shall not be ineligible if entry into the United States would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement: Provided (3) The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently. (4) Not later than 6 months after enactment of this Act, the Secretary of State shall submit a report, including a classified annex if necessary, to the Committees on Appropriations describing the information relating to corruption or violation of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1), or who would be ineligible but for the application of paragraph (2), a list of any waivers provided under paragraph (3), and the justification for each waiver. (5) Any unclassified portion of the report required under paragraph (4) shall be posted on the Department of State’s Web site, without regard to the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) (6) For purposes of this subsection the term individuals found ineligible (d) Foreign assistance web site Funds appropriated by this Act under titles I and III may be made available to support the provision of additional information on United States Government foreign assistance on the Department of State's foreign assistance Web site: Provided Democracy Programs 7032. (a) Of the funds appropriated by this Act, not less than $2,264,986,000 should be made available for democracy programs, as defined in subsection (c). (b) Funds made available by this Act for democracy programs may be made available notwithstanding any other provision of law, and with regard to the National Endowment for Democracy (NED), any regulation. (c) (1) For purposes of funds appropriated by this Act, the term democracy programs (2) (A) Funds appropriated by this Act for democracy programs administered by the United States Agency for International Development (USAID) may not be used for programs in countries where the USAID Administrator, after consultation with the Secretary of State, determines that the following conditions exist— (i) the government of the country is politically repressive; (ii) USAID does not have direct-hire staff in the country; (iii) the government has explicitly rejected USAID assistance or has such an adverse relationship with the United States that the implementation of democracy assistance by USAID is not advisable; and (iv) the level of political repression requires implementing organizations to go to excessive lengths to protect program beneficiaries and participants or to minimize recognition of USAID's role. (B) Not later than 90 days after enactment of this Act, the Secretary of State, in consultation with the USAID Administrator, shall submit a report to the Committees on Appropriations clarifying the role and responsibilities of the Department of State and USAID in the promotion of democracy abroad, including coordinating mechanisms among and between bureaus, offices, and funding accounts: Provided (d) With respect to the provision of assistance for democracy, human rights, and governance activities in this Act, the organizations implementing such assistance, the specific nature of that assistance, and the participants in such programs shall not be subject to the prior approval by the government of any foreign country: Provided (e) Any funds made available by this Act for a business and human rights program in the People’s Republic of China shall be made available on a cost-matching basis from sources other than the United States Government. (f) The Bureau of Democracy, Human Rights, and Labor, Department of State (DRL) and the Bureau for Democracy, Conflict and Humanitarian Assistance, USAID, shall regularly communicate their planned programs to the NED. (g) Funds appropriated by this Act under the heading Democracy Fund Public Law 113–76 (h) Funds appropriated by this Act that are made available for democracy programs shall be made available to support freedom of religion, including in the Middle East and North Africa regions. Multi-year pledges 7033. Section 7033 of division K of Public Law 113–76 special provisions 7034. (a) Victims of war, displaced children, and displaced burmese Funds appropriated in titles III and VI of this Act that are made available for victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking, may be made available notwithstanding any other provision of law. (b) Reconstituting civilian police authority In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability. (c) World food program Funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development (USAID), from this or any other Act, may be made available as a general contribution to the World Food Program, notwithstanding any other provision of law. (d) Disarmament, demobilization and reintegration Notwithstanding any other provision of law, regulation or Executive order, funds appropriated under titles III and IV of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Economic Support Fund Peacekeeping Operations International Disaster Assistance Complex Crises Fund Transition Initiatives Provided Provided further foreign terrorist organization (e) Partner Vetting The Secretary of State and the USAID Administrator may use funds appropriated by this Act and prior acts making appropriations for the Department of State, foreign operations, and related programs to implement a Partner Vetting System only in accordance with the requirements under such heading in the report accompanying this Act. (f) Contingencies During fiscal year 2015, the President may use up to $100,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law. (g) International child abductions The Secretary of State may withhold funds appropriated under title III of this Act for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980: Provided (h) Reports Repealed Section 304(f) of Public Law 107–173 Public Law 87–195 Public Law 107–245 Public Law 109–13 (i) Transfers for Extraordinary Protection The Secretary of State may transfer to, and merge with, funds under the heading Protection of Foreign Missions and Officials Diplomatic and Consular Programs Provided (j) Protections and Remedies for Employees of Diplomatic Missions and International Organizations The Secretary of State shall implement section 203(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( Public Law 110–457 Provided credible evidence Provided further Provided further (k) Travel by United States Citizens and Nationals None of the funds appropriated or otherwise made available by this Act or prior Acts making appropriations for the Department of State, foreign operations, or related programs may be made available to implement any law, regulation, or policy in effect on the date of enactment of this Act that restricts travel or transactions ordinarily incident to such travel by any citizen or national of the United States to any country in the Western Hemisphere. (l) Extension of authorities (1) Section 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) September 30, 2015 September 30, 2010 (2) The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect for facilities in Afghanistan through September 30, 2015, except that the notification and reporting requirements contained in such section shall include the Committees on Appropriations. (3) The authority contained in section 1115(d) of Public Law 111–32 (4) Section 824(g) of the Foreign Service Act of 1980 ( 22 U.S.C. 4064(g) September 30, 2015 October 1, 2010 (5) Section 61(a) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2733(a) September 30, 2015 October 1, 2010 (6) Section 625(j)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1) September 30, 2015 October 1, 2010 (7) (A) Subject to the limitation described in subparagraph (B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 (B) The authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 (8) The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 (A) In section 599D (8 U.S.C. 1157 note)— (i) in subsection (b)(3), by striking and 2014 2014, and 2015 (ii) in subsection (e), by striking 2014 2015 (B) in section 599E ( 8 U.S.C. 1255 2014 2015 (9) The authorities provided in section 1015(b) of Public Law 111–212 (m) Crowd control items Funds appropriated by this Act should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd control purposes for foreign security forces that use excessive force to repress peaceful expression, association, or assembly in countries undergoing democratic transition. (o) Department of state working capital fund Funds appropriated by this Act or otherwise made available to the Department of State for payments to the Working Capital Fund may only be used for the activities and in the amounts allowed in the President’s fiscal year 2015 budget: Provided Provided further Provided further Provided further (p) Security force accountability assistance The Secretary of State should use funds appropriated under the headings Foreign Military Financing Program International Narcotics Control and Law Enforcement (q) Accountability for humanitarian assistance Funds appropriated by this Act that are available for monitoring and evaluation of assistance funded under the headings International Disaster Assistance Migration and Refugee Assistance Provided (r) HIV/AIDS Working capital fund Funds available in the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 ( Public Law 108–477 Provided Public Law 108–477 Provided further (s) Loan guarantees and enterprise funds (1) Funds appropriated under title III of this Act may be made available for the costs of direct and guaranteed loans: Provided Provided further (2) Funds appropriated under the heading Economic Support Fund Provided Public Law 112–74 Economic Support Fund Provided further Provided further Public Law 113–76 (3) Funds made available by this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (t) Science and technology Of the amounts made available by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Diplomatic and Consular Programs Public Law 95–426 22 U.S.C. 2656d (u) Prize authority Funds appropriated in this Act may be made available for prizes in accordance with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980, except that foreign citizens and foreign private entities may be eligible for such prizes notwithstanding section 24(g)(3) of such Act. (v) Fraud prevention and detection fees In addition to the uses permitted pursuant to section 286(v)(2(A) of the Immigration and Nationality Act (8 U.S.C. 1356(v)(2)(A)), the Secretary of State may also use fees deposited into the Fraud Prevention and Detection Account for programs and activities to increase the number of personnel assigned to the function of preventing and detecting visa fraud. (w) Limitation on executive salaries None of the funds appropriated under titles I and III of this Act that directly appropriate funds to a non-Federal or quasi-Federal organization may be used for the basic pay of senior executives above the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code: Provided Provided further section 4505a (x) Definitions (1) Unless otherwise defined in this Act, for purposes of this Act the term appropriate congressional committees (2) Unless otherwise defined in this Act, for purposes of this Act the term funds appropriated in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs (3) For the purposes of this Act, any reference to title I of this Act shall be deemed to include the Contributions for International Peacekeeping Activities (4) Any reference to Southern Kordofan in this or any other Act shall hereafter be deemed to include portions of Western Kordofan that were previously part of Southern Kordofan prior to the 2013 division of Southern Kordofan. Arab league boycott of israel 7035. It is the sense of the Congress that— (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to United States investment and trade in the Middle East and North Africa; (2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; (3) all Arab League states should normalize relations with their neighbor Israel; (4) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and find concrete steps to demonstrate that opposition by, for example, taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country; and (5) the President should report to Congress annually on specific steps being taken by the United States to encourage Arab League states to normalize their relations with Israel to bring about the termination of the Arab League boycott of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply. Palestinian statehood 7036. (a) Limitation on assistance None of the funds appropriated under titles III through VI of this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that— (1) the governing entity of a new Palestinian state— (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; and (B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; and (2) the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include— (A) termination of all claims or states of belligerency; (B) respect for and acknowledgment of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones; (C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; (D) freedom of navigation through international waterways in the area; and (E) a framework for achieving a just settlement of the refugee problem. (b) Sense of congress It is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) Waiver The President may waive subsection (a) if the President determines that it is important to the national security interests of the United States to do so. (d) Exemption The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of this Act ( Limitation on Assistance for the Palestinian Authority Restrictions concerning the palestinian authority 7037. None of the funds appropriated under titles II through VI of this Act may be obligated or expended to create in any part of Jerusalem a new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided Provided further Provided further Prohibition on assistance to the palestinian broadcasting corporation 7038. None of the funds appropriated or otherwise made available by this Act may be used to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation. assistance for the west bank and gaza 7039. (a) Oversight For fiscal year 2015, 30 days prior to the initial obligation of funds for the bilateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading Economic Support Fund (b) Vetting Prior to the obligation of funds appropriated by this Act under the heading Economic Support Fund Provided (c) Prohibition (1) None of the funds appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made available for the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism. (2) Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations Acts, including funds made available by transfer, may be made available for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been established for security assistance for the West Bank and Gaza and reports on the extent of Palestinian compliance with such benchmarks. (d) Audits (1) The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section. (2) Of the funds appropriated by this Act up to $500,000 may be used by the Office of Inspector General of the United States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements of this subsection: Provided (e) Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 2015 under the heading Economic Support Fund (1) the extent to which such Program complies with the requirements of subsections (b) and (c); and (2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures. (f) Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations. (g) Not later than 180 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations updating the report contained in section 2106 of chapter 2 of title II of Public Law 109–13 Limitation on assistance for the palestinian authority 7040. (a) Prohibition of funds None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority. (b) Waiver The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that waiving such prohibition is important to the national security interests of the United States. (c) Period of application of waiver Any waiver pursuant to subsection (b) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (d) Report Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the Committees on Appropriations detailing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed: Provided (e) Certification If the President exercises the waiver authority under subsection (b), the Secretary of State must certify and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll, and the Palestinian Authority is acting to counter incitement of violence against Israelis and is supporting activities aimed at promoting peace, coexistence, and security cooperation with Israel. (f) Prohibition to Hamas and the Palestine Liberation Organization (1) None of the funds appropriated in titles III through VI of this Act may be obligated for salaries of personnel of the Palestinian Authority located in Gaza or may be obligated or expended for assistance to Hamas or any entity effectively controlled by Hamas, any power-sharing government of which Hamas is a member, or that results from an agreement with Hamas and over which Hamas exercises undue influence. (2) Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only if the President certifies and reports to the Committees on Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended. (3) The President may exercise the authority in section 620K(e) of the Foreign Assistance Act of 1961, as added by the Palestine Anti-Terrorism Act of 2006 ( Public Law 109–446 (4) Whenever the certification pursuant to paragraph (2) is exercised, the Secretary of State shall submit a report to the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are continuing to comply with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended: Provided (5) None of the funds appropriated under titles III through VI of this Act may be obligated for assistance for the Palestine Liberation Organization. Middle east and north africa 7041. (a) Egypt (1) In general Funds appropriated by this Act that are available for assistance for the Government of Egypt may only be made available if the Secretary of State certifies and reports to the Committees on Appropriations that such government is— (A) sustaining the strategic relationship with the United States; and (B) meeting its obligations under the 1979 Egypt-Israel Peace Treaty. (2) Economic support fund (A) Of the funds appropriated by this Act under the heading Economic Support Fund Provided Provided further (B) Notwithstanding any provision of law restricting assistance for Egypt, including paragraph (6) of this subsection, funds made available by this Act under the heading Economic Support Fund Provided (C) The Secretary of State shall reduce the amount of assistance for the central Government of Egypt under the heading Economic Support Fund (3) Foreign military financing program Of the funds appropriated by this Act under the heading Foreign Military Financing Program Provided Provided further (4) Prior year funds Funds appropriated under the headings Foreign Military Financing Program International Military Education and Training Public Law 113–76 Foreign Military Financing Program (5) Security exemptions Notwithstanding any other provision of this Act restricting assistance for Egypt, including paragraphs (3), (4), and (6) of this subsection, up to $300,000,000 of the funds made available by this Act for assistance for Egypt may be made available for development programs in the Sinai, nonproliferation programs, and for counterterrorism and border security, if the Secretary of State certifies and reports to the appropriate congressional committees that to do so is important to the national security interests of the United States. (6) Fiscal year 2015 funds Except as provided in paragraphs (2), (3) and (5) of this subsection, funds appropriated under titles III and IV of this Act under the headings Economic Support Fund International Military Education and Training Foreign Military Financing Program (A) up to $575,500,000 may be made available only if the Secretary of State certifies and reports to the Committees on Appropriations that— (i) Egypt has held free and fair presidential and parliamentary elections and a newly elected Government of Egypt is implementing policies to govern democratically; and (ii) the Government of Egypt— (I) has released American citizens who are considered by the Secretary of State to be political prisoners and dismissed charges against them; (II) is providing United States Government officials, independent journalists, and human rights organizations access to the Sinai; (III) has released all persons detained for exercising their rights to free expression, association, and peaceful assembly, including journalists and those detained solely for membership in social or political organizations; (IV) is providing detainees with due process of law consistent with international norms; (V) has adopted and is implementing necessary laws or regulations to protect freedoms of expression, association, and assembly, including the ability of civil society organizations and the media to function without interference, consistent with international norms; (VI) is conducting credible criminal investigations and prosecutions of the use of excessive force by security forces, including those responsible in the chain of command, since June 30, 2013; and (VII) is taking steps to protect the rights of women and religious minorities; and (B) not less than 180 days after a certification and report under subparagraph (6)(A), up to $575,500,000 may be made available only if the Secretary of State certifies and reports to the Committees on Appropriations that the requirements in subparagraph (6)(A) are still being met. (b) Iran (1) Funds appropriated under titles I and III of this Act shall be made available for the promotion of democracy and human rights in Iran, including for the activities described in section 1243 of Public Law 112–239 Provided (2) The terms and conditions of section 7041(c) in division I of Public Law 112–74 September 30, 2015 (3) Of the funds appropriated by this Act under the heading Economic Support Fund (c) Iraq (1) Funds appropriated by this Act under the headings Economic Support Fund Complex Crises Fund Provided (2) Of the funds appropriated by this Act under the heading Economic Support Fund Provided (3) Funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement Foreign Military Financing Program Provided Provided further (4) Not less than 15 days prior to submitting any notification to Congress of the intent to obligate funds appropriated under the heading “Foreign Military Financing Program” in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs for assistance for the Government of Iraq, the Secretary of State shall submit a report to the appropriate congressional committees assessing the extent to which the Government of Iraq is implementing policies to promote reconciliation among Iraq’s ethnic and political factions and to form a multi-sectarian government, and the effectiveness of such efforts. (5) Of the funds appropriated by this Act under the heading Economic Support Fund (6) Not later than 90 days after enactment of this Act, the Secretary of State, in consultation with the heads of other relevant United States Government agencies, shall submit a report to the appropriate congressional committees detailing steps taken by the United States Government to address the plight, including resettlement needs, of Iranian dissidents located at Camp Liberty/Hurriya in Iraq. (d) Jordan (1) Of the funds appropriated by this Act under titles III and IV that are available for assistance for Jordan, not less than $360,000,000 shall be made available under the heading Economic Support Fund Foreign Military Financing Program (2) Of the funds appropriated by this Act under title VIII, not less than $340,000,000 shall be made available for the extraordinary costs related to instability in the region, including for security requirements along the border with Iraq and Syria. (e) Lebanon (1) None of the funds appropriated by this Act may be made available for Lebanese law enforcement personnel or the Lebanese Armed Forces (LAF) if such law enforcement personnel or the LAF is controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act. (2) Funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement Foreign Military Financing Program (3) Funds appropriated by this Act under the heading Economic Support Fund (4) In addition to the activities described in paragraph (2), funds appropriated by this Act under the heading Foreign Military Financing Program Provided Provided further (f) Libya (1) Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Complex Crises Fund Economic Support Fund International Narcotics Control and Law Enforcement Nonproliferation, Anti-terrorism, Demining and Related Programs International Military Education and Training (A) strengthen democracy in Libya, including civil society; (B) enhance the capacity of key ministries necessary for maintaining security and stability; (C) address immediate humanitarian needs arising from conflict; (D) strengthen the rule of law, including judicial and security sector reforms; (E) professionalize military personnel associated with the Libyan state; and (F) counter extremist ideologies. (2) Funds appropriated by this Act for assistance for Libya shall, to the maximum extent practicable, be made available on a cost-matching basis: Provided Public Law 113–76 Provided further (3) Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing— (A) the number of claims against Libya filed with the Foreign Claims Settlement Commission pursuant to the Department of State’s referral of claims of November 27, 2013 in connection with the Claims Settlement Agreement between the United States of America and the Great Socialist People's Libyan Arab Jamahiriya of August 14, 2008, as implemented pursuant to the Libyan Claims Resolution Act, Public Law 110–301 (B) the amount of remaining balances of funds received by the United States, and held by the United States Treasury, for payment of awards rendered by the Foreign Claims Settlement Commission pursuant to the November 27, 2013 referral; and (C) the process by which the claims are to be adjudicated. (g) Morocco Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Foreign Military Financing Program (h) Syria (1) Funds appropriated under title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available notwithstanding any other provision of law for humanitarian and other assistance for programs to address the needs of civilians affected by conflict in Syria, and for programs that seek to— (A) establish governance in Syria that is representative, inclusive, and accountable; (B) expand the role of women in negotiations to end the violence and in any political transition in Syria; (C) develop and implement political processes that are democratic, transparent, and adhere to the rule of law; (D) further the legitimacy of the Syrian opposition through cross-border programs; (E) develop civil society and an independent media in Syria; (F) promote economic development in Syria; (G) document, investigate, and prosecute human rights violations in Syria, including through transitional justice programs and support for nongovernmental organizations; (H) counter extremist ideologies; and (I) assist Syrian refugees whose education has been interrupted by the ongoing conflict to complete higher education requirements at regional academic institutions. (2) Prior to the obligation of funds appropriated by this Act and made available for assistance for Syria, the Secretary of State shall take all appropriate steps to ensure that mechanisms are in place for the adequate monitoring, oversight, and control of such assistance inside Syria: Provided (3) Funds made available pursuant to this subsection may only be made available following consultation with the appropriate congressional committees, and shall be subject to the regular notification procedures of the Committees on Appropriations. (4) Section 7032(c)(3) of this Act shall not apply to programs implemented by the Office of Transition Initiatives, United States Agency for International Development, relating to the conflict in Syria. (i) West bank and gaza (1) Report on assistance Prior to the initial obligation of funds made available by this Act under the heading Economic Support Fund (A) advance Middle East peace; (B) improve security in the region; (C) continue support for transparent and accountable government institutions; (D) promote a private sector economy; or (E) address urgent humanitarian needs. (2) Limitations (A) (i) None of the funds appropriated under the heading Economic Support Fund (I) the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; or (II) the Palestinians initiate an International Criminal Court judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians. (ii) The Secretary of State may waive the restriction in paragraph (A) resulting from the application of subparagraph (A)(i)(I) if the Secretary certifies and reports to the Committees on Appropriations that to do so is in the national security interest of the United States, and submits a report to such Committees detailing how the waiver and the continuation of assistance would assist in furthering Middle East peace. (B) (i) The President may waive the provisions of section 1003 of Public Law 100–204 (ii) Not less than 90 days after the President is unable to make the certification and report pursuant to subparagraph (i), the President may waive section 1003 of Public Law 100–204 Provided Public Law 100–204 (iii) Any waiver pursuant to this paragraph shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (3) Reduction The Secretary of State shall reduce the amount of assistance made available by this Act under the heading Economic Support Fund africa 7042. (a) Central african republic Funds made available by this Act for assistance for the Central African Republic shall be made available for reconciliation and peacebuilding programs, including activities to promote inter-faith dialogue at the national and local levels, and for programs to prevent crimes against humanity. (b) Counterterrorism programs (1) Of the funds appropriated by this Act, not less than $65,000,000 should be made available for the Trans-Sahara Counterterrorism Partnership program, and not less than $11,000,000 should be made available for the Partnership for Regional East Africa Counterterrorism program. (2) Of the funds appropriated by this Act under the heading Economic Support Fund (c) Crisis Response Notwithstanding any other provision of law, up to $10,000,000 of the funds appropriated by this Act under the heading Global Health Programs Economic Support Fund Transition Initiatives Provided (d) Ethiopia (1) Funds appropriated by this Act that are available for assistance for Ethiopian military and police forces shall not be made available until the Secretary of State— (A) certifies and reports to the Committees on Appropriations that the Government of Ethiopia is implementing policies to— (i) protect judicial independence; freedom of expression, association, assembly, and religion; the right of political opposition parties, civil society organizations, and journalists to operate without harassment or interference; and due process of law; and (ii) permit access to human rights and humanitarian organizations to the Somali region of Ethiopia; and (B) submits a report to the Committees on Appropriations on the types and amounts of United States training and equipment proposed to be provided to the Ethiopian military and police including steps to ensure that such assistance is not provided to military or police personnel or units that have violated human rights, and steps taken by the Government of Ethiopia to investigate and prosecute members of the Ethiopian military and police who have been credibly alleged to have violated such rights. (2) The restriction in paragraph (1) shall not apply to assistance made available under the heading International Military Education and Training (3) Funds appropriated by this Act under the headings Development Assistance Economic Support Fund (A) not be used to support activities that directly or indirectly involve forced evictions; (B) support initiatives of local communities to improve their livelihoods; and (C) be subject to prior consultation with affected populations. (4) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against financing for any activities that directly or indirectly involve forced evictions in Ethiopia. (e) Expanded international military education and training (1) Funds appropriated under the heading International Military Education and Training Provided (2) None of the funds appropriated under the heading International Military Education and Training (f) Kenya Of the funds appropriated under title IV of this Act, not less than $10,500,000 should be made available for assistance for Kenya: Provided (g) Lord's resistance army Of the funds appropriated by this Act under the heading Economic Support Fund Public Law 111–172 (h) Nigeria Funds appropriated by this Act that are made available for assistance for Nigeria shall be made available for assistance for women and girls who are targeted by the terrorist organization Boko Haram, consistent with the provisions of section 7059 of this Act, and in consultation with the Government of Nigeria. (i) Programs in africa (1) Of the funds appropriated by this Act under the headings Global Health Programs Economic Support Fund Public Law 113–76 (2) Of the funds appropriated by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement Public Law 113–76 (3) Funds made available under paragraphs (1) and (2) shall be programmed in a manner that leverages a United States Government-wide approach to addressing shared challenges and mutually beneficial opportunities, and shall be the responsibility of United States Chiefs of Mission in countries in Africa seeking enhanced partnerships with the United States in areas of trade, investment, development, health, and security. (j) Somalia Funds appropriated by this Act under the heading Economic Support Fund Provided (k) South Sudan (1) None of the funds appropriated by this Act that are available for assistance for the central Government of South Sudan may be made available until the Secretary of State certifies and reports to the Committees on Appropriations that such government is implementing policies to— (A) provide access for humanitarian organizations; (B) end the use of child soldiers; (C) support a cessation of hostilities agreement; (D) protect freedoms of expression, association, and assembly; (E) reduce corruption related to the extraction and sale of oil and gas; and (F) establish democratic institutions, including accountable military and police forces under civilian authority. (2) The Secretary of State should provide technical assistance to the Government of South Sudan to improve the sustainable management of natural resources and ensure transparency and accountability of funds: Provided (l) Sudan (1) Notwithstanding any other provision of law, none of the funds appropriated by this Act may be made available for assistance for the Government of Sudan. (2) None of the funds appropriated by this Act may be made available for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees held by the Government of Sudan, including the cost of selling, reducing, or canceling amounts owed to the United States, and modifying concessional loans, guarantees, and credit agreements. (3) The limitations of paragraphs (1) and (2) shall not apply to— (A) humanitarian assistance; (B) assistance for the Darfur region, Southern Kordofan State, Blue Nile State, other marginalized areas and populations in Sudan, and Abyei; and (C) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement (CPA), mutual arrangements related to post-referendum issues associated with the CPA, or any other internationally recognized viable peace agreement in Sudan. (m) Trafficking in Conflict Minerals, Wildlife, and Other Contraband (1) None of the funds appropriated by this Act under the heading Foreign Military Financing Program (2) The restriction in paragraph (1) shall not apply to assistance to improve border controls to prevent the illegal exportation of minerals, wildlife, and other contraband out of the DRC by such groups, to protect humanitarian relief efforts, or to support the training and deployment of members of the Rwandan military in international peacekeeping operations, or to conduct operations against the Lord's Resistance Army. (n) Zimbabwe (1) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any extension by the respective institution of any loan or grant to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State certifies and reports to the Committees on Appropriations that such government has made significant progress in restoring the rule of law, including respect for ownership and title to property, and freedoms of expression, association, and assembly. (2) None of the funds appropriated by this Act shall be made available for assistance for the central Government of Zimbabwe, except for health and education, unless the Secretary of State makes the certification and report required in paragraph (1), and funds may be made available for macroeconomic growth assistance if the Secretary reports to the Committees on Appropriations that such government is implementing transparent fiscal policies, including public disclosure of revenues from the extraction of natural resources. East Asia and the Pacific 7043. (a) Asia rebalancing initiative (1) Asia maritime security (A) Funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement Foreign Military Financing Program Provided Provided further (B) Funds appropriated by this Act under the heading International Military Education and Training (C) In addition to the consultation requirement in paragraph (1)(A), not later than 90 days after enactment of this Act, the Secretary of State, in coordination with the heads of other relevant United States Government agencies, shall submit to the appropriate congressional committees a multi-year strategy to increase cooperation on maritime security issues with countries in the Asia region, including a description of specific regional strategic objectives served by such funds: Provided (D) None of the funds appropriated by this Act may be made available for equipment or training for the armed forces of the People’s Republic of China. (E) Funds appropriated under titles III and IV of this Act may be made available by the Secretary of State for the participation by the United States in the Information Sharing Centre located in Singapore, as established by the Regional Cooperation Agreement on Combating Piracy and Armed Robbery Against Ships in Asia. (2) Regional alliances and partnerships (A) Funds appropriated under title III of this Act that are made available for programs to strengthen regional alliances and partnerships among governments in the Asia region may only be made available on a cost-matching basis from sources other than the United States Government, and no such funds may be made available for the costs of travel and accommodation of foreign nationals in such programs: Provided (B) Prior to the obligation of funds made available by this Act for the Asia Rebalancing Initiative, the Secretary of State shall certify to the appropriate congressional committees that support for regional alliances or partnerships (including, but not limited to, the Association of Southeast Asia Nations (ASEAN), the ASEAN Regional Forum, the Expanded ASEAN Seafarers Training program, and the Lower Mekong Initiative) is in the national interests of the United States, including an explanation of the strategic interests served. (3) Economic growth and trade (A) Funds appropriated under title III of this Act that are made available for bilateral economic growth programs in the Asia region shall also be made available to increase United States trade in such region, and for assistance for capacity building activities relating to free trade agreements: Provided (B) Funds appropriated under title VI of this Act shall be made available to increase United States trade in the Asia region above amounts made available for such purposes in prior fiscal years. (4) Operations and assistance calculations (A) Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing the funds provided for the Asia Rebalancing Initiative for operations and assistance for each fiscal year beginning in fiscal year 2012: Provided (B) For purposes of the Asia Rebalancing Initiative supported by funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Educational and Cultural Exchange Programs Global Health Programs Development Assistance Economic Support Fund International Narcotics Control and Law Enforcement Nonproliferation, Anti-terrorism, Demining and Related Programs International Military Education and Training Foreign Military Financing Program Export-Import Bank of the United States, Program Account Overseas Private Investment Corporation, Program Account Trade and Development Agency (C) For the purposes of calculating the operations expenses associated with the Asia Rebalancing Initiative from funds made available under titles I and II of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, only those costs associated with Department of State and United States Agency for International Development personnel increases beginning in fiscal year 2012, and any costs associated with facility expansion to accommodate such personnel, shall be considered to be part of such Initiative for the purposes of calculating funding levels: Provided The Asia Foundation East-West Center (5) Public diplomacy (A) Funds appropriated under the heading Educational and Cultural Exchange Programs Provided (B) Funds made available by this Act for public diplomacy programs may only be obligated after the Secretary of State certifies to the appropriate congressional committees that a comprehensive and coherent narrative on United States foreign policy for the Asia region has been developed, coordinated, and disseminated among United States Government agencies: Provided (C) Funds appropriated by this Act under the heading International Broadcasting Operations Provided (6) Democracy and human rights (A) Funds appropriated by title III of this Act for the Asia Rebalancing Initiative shall be made available to promote and protect democracy and human rights in the Asia region, including for political parties, civil society, and organizations and individuals seeking to advance transparency, accountability, and the rule of law: Provided Provided further (B) Of the funds appropriated by this Act under the heading Economic Support Fund Provided (C) Of the funds appropriated by this Act under the headings Global Health Programs Development Assistance Economic Support Fund Migration and Refugee Assistance Provided (7) Conflict resolution Funds appropriated under titles III and IV of this Act shall be made available to address and mitigate conflict in the Asia region arising from ethnic, religious, and territorial disputes: Provided (8) Definition For purposes of this subsection, the Asia region means countries and territories in Oceania, Southeast Asia, and South Asia, and the Indian and Pacific Oceans bordering those countries and territories. (b) Burma (1) Funds appropriated by this Act under the heading Economic Support Fund Provided Provided further Transition Initiatives (2) Funds appropriated under title III of this Act for assistance for Burma— (A) may not be made available for budget support for the Government of Burma; (B) shall be provided to strengthen civil society organizations in Burma, including as core support for such organizations; (C) shall be made available for community-based organizations operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds appropriated by this Act under the heading Migration and Refugee Assistance (D) shall be made available for ethnic and religious reconciliation programs, including in ceasefire areas, as appropriate, and to address the Rohingya and Kachin crises. (3) Funds made available by this Act for assistance for Burma shall be made available for the implementation of the democracy and human rights strategy required by section 7043(b)(3)(A) of division K of Public Law 113–76 Provided (4) Funds appropriated by this Act for programs and Department of State operations in Burma may be made available to continue consultations with the armed forces of Burma only on human rights and disaster response, following consultation with the appropriate congressional committees: Provided International Military Education and Training (5) Funds appropriated by this Act shall only be made available for assistance for the central Government of Burma if the Secretary of State certifies and reports to the appropriate congressional committees that such government has implemented Constitutional reforms, in consultation with Burma’s political opposition and ethnic groups, providing for free and fair presidential and parliamentary elections, including as voters and candidates. (6) Any new program or activity in Burma initiated in fiscal year 2015 shall be subject to prior consultation with the appropriate congressional committees. (7) Notwithstanding any other provision of law, the personnel requirement in section 7 of Public Law 110–286 (8) Section 3(3) of Public Law 112–192 Public Law 112–74 and shall also include, subject to the certification required in subsection 7043(b)(5) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015, as reported by the Committee on Appropriations of the United States Senate on June 19, 2014, the Multilateral Investment Guarantee Agency (c) Cambodia (1) None of the funds appropriated by titles III and IV of this Act may be made available for assistance for the central Government of Cambodia unless the Secretary of State certifies to the appropriate congressional committees that the National Assembly is conducting business in accordance with the Cambodian constitution and the results of the July 28, 2013 elections; and that such government, with the concurrence of the political opposition— (A) is implementing electoral reforms, including those recommended by Cambodian and international organizations; (B) has scheduled parliamentary elections, including providing for fair and equal access to broadcasting media by the political opposition; (C) is protecting the rights of the Cambodian people to freedoms of expression, association, and assembly; (D) has released all political prisoners, including labor leaders, and is investigating and prosecuting violations of human rights committed by Cambodian security forces; and (E) is furthering transparency and accountability through enactment and enforcement of laws promoting civil society and Internet freedom. (2) Notwithstanding paragraph (1), funds appropriated by this Act under the heading Economic Support Fund Provided Provided further (3) The requirements of paragraph (1) shall not apply to assistance for global health, food security, humanitarian demining, or to enhance maritime security capabilities, except any such program carried out prior to the certification required by paragraph (1) shall be subject to the regular notification procedures of the Committees on Appropriations. (4) Funds appropriated by this Act for a United States contribution to a Khmer Rouge tribunal may only be made available if the Secretary of State certifies to the appropriate congressional committees that— (A) international donors have reimbursed the Documentation Center of Cambodia for costs incurred in support of the tribunal; (B) international donors, in cooperation with the Government of Cambodia, have determined the costs and timeline associated with the winding down of such tribunal; and (C) the Government of Cambodia is not interfering in the workings of the tribunal. (5) The Secretary of the Treasury shall direct the United States executive directors of the World Bank and the Asian Development Bank to vote against any loan, agreement, or other financial support for Cambodia except to meet basic human needs, until the Secretary of State makes the certification required in paragraph (1). (d) North Korea (1) Of the funds made available under the heading International Broadcasting Operations (2) Funds appropriated by this Act under the heading Migration and Refugee Assistance (3) None of the funds made available by this Act under the heading Economic Support Fund (e) People's Republic of China (1) None of the funds appropriated under the heading Diplomatic and Consular Programs (2) The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 Provided (3) Funds appropriated by this Act for public diplomacy under title I and for assistance under titles III and IV shall be made available to counter the influence of the People’s Republic of China, in accordance with the strategy required by section 7043(e)(3) of division K of Public Law 113–76 (f) Philippines Funds appropriated by this Act under the heading Foreign Military Financing Program (g) Tibet (1) The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support financing in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions, and are subject to effective monitoring. (2) Notwithstanding any other provision of law, funds appropriated by this Act under the heading Economic Support Fund (h) Vietnam Of the funds appropriated by this Act under the heading Economic Support Fund Development Assistance South and Central Asia 7044. (a) Afghanistan (1) Operations and Reports Funds appropriated under titles I, II, and VIII of this Act that are available for the construction and renovation of United States Government facilities in Afghanistan may not be made available if the purpose is to accommodate Federal employee positions or to expand aviation facilities or assets above those notified by the Department of State and the United States Agency for International Development (USAID) to the Committees on Appropriations, or contractors in addition to those in place on January 17, 2014: Provided (2) Assistance Funds appropriated by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement (A) may not be used to support any program, project, or activity for which regular oversight by the Department of State or USAID, as appropriate, is not possible, to include site visits; (B) shall only be made available for programs that the Government of Afghanistan or other Afghan entity is capable of sustaining, as appropriate and as determined by the United States Chief of Mission; (C) shall be prioritized for programs that promote women’s economic and political empowerment, strengthen and protect the rights of women and girls, and to implement the United States Embassy Kabul Gender Strategy; (D) may be made available for independent election bodies; (E) should be made available for programs to improve the sustainable management of natural resources and to reduce illegal extraction and the loss of government revenues; (F) may be made available for reconciliation programs and disarmament, demobilization and reintegration activities for former combatants who have renounced violence against the Government of Afghanistan, in accordance with section 7046(a)(2)(B)(ii) of Public Law 112–74 (G) should not be used to initiate new major infrastructure projects; (H) shall be implemented in accordance with all applicable audit policies of the Department of State and USAID; and (I) may not be made available to any individual or organization that the Secretary of State determines to be involved in corrupt practices. (3) Certification requirement Funds appropriated by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement (A) Afghanistan has held free and fair elections and a newly elected Government of Afghanistan is implementing policies to govern democratically; and (B) the Government of Afghanistan— (i) has signed a Bilateral Security Agreement with the United States Government that further defines the security partnership, including support for counterterrorism operations; (ii) is cooperating with the United States concerning the release of prisoners that the United States Government, the International Security Assistance Force, or the Afghan National Security Forces believe pose a threat to the United States, Afghanistan, and the region; (iii) is taking consistent steps to protect and advance the rights of women and girls in Afghanistan; (iv) is implementing the necessary policies and procedures to comply with section 7013 of this Act; and (v) is reducing corruption and recovering stolen assets. (4) Waiver The Secretary of State, after consultation with the Secretary of Defense, may waive the requirements of subparagraph (3)(B) if to do so is important to the national security interests of the United States and the Secretary submits a report to the Committees on Appropriations, in classified form if necessary, on the justification for the waiver and the requirements of subparagraph (3)(B) that the Government of Afghanistan has not met. (5) Rule of law programs Of the funds appropriate by this Act that are available for assistance for Afghanistan, not less than $50,000,000 shall be made available for rule of law programs: Provided (6) Funding reduction Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are available for assistance for the Government of Afghanistan shall be reduced by $5 for every $1 that the Government of Afghanistan imposes in taxes, duties, penalties, or other fees on the transport of property of the United States Government (including the United States Armed Forces), entering or leaving Afghanistan. (7) Endowment to empower women and girls Funds appropriated under the heading Economic Support Fund (8) Authorities (A) Funds appropriated under titles III through VI and VIII of this Act that are made available for assistance for Afghanistan may be made available notwithstanding section 7012 of this Act or any similar provision of law and section 660 of the Foreign Assistance Act of 1961. (B) Funds appropriated or otherwise made available for assistance for Afghanistan may be made available for a United States contribution to the Afghanistan Reconstruction Trust Fund. (C) The authority contained in section 1102(c) of Public Law 111–32 (9) Afghanistan regional transition Funds made available by this Act for assistance for Afghanistan may be made available for programs in Central and South Asia relating to a transition in Afghanistan, including expanding Afghanistan linkages with the region: Provided Public Law 101–179 Public Law 102–511 Provided further (10) Contributing authority Section 7046(a)(2)(A) of division I of Public Law 112–74 shall apply to funds appropriated by this Act for assistance for Afghanistan. (b) Bangladesh Funds appropriated by this Act under the heading Development Assistance (c) Nepal (1) Funds appropriated by this Act under the heading Foreign Military Financing Program (2) The conditions in paragraph (1) shall not apply to assistance for humanitarian relief and reconstruction activities in Nepal, or for training to participate in international peacekeeping missions. (d) Pakistan (1) Certification None of the funds appropriated or otherwise made available by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement Foreign Military Financing Program (A) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and other domestic and foreign terrorist organizations, including taking steps to end support for such groups and prevent them from basing and operating in Pakistan and carrying out cross border attacks into neighboring countries; (B) not supporting terrorist activities against United States or coalition forces in Afghanistan, and Pakistan’s military and intelligence agencies are not intervening extra-judicially into political and judicial processes in Pakistan; (C) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the manufacture of IEDs; and (D) preventing the proliferation of nuclear-related material and expertise. (2) Waiver The Secretary of State, after consultation with the Secretary of Defense, may waive the requirements of paragraph (1) if to do so is important to the national security interests of the United States and the Secretary submits a report to the Committees on Appropriations, in classified form if necessary, on the justification for the waiver and the requirements of paragraph (1) that the Government of Pakistan has not met. (3) Assistance (A) Funds appropriated by this Act under the heading Foreign Military Financing Program (B) Funds appropriated by this Act under the headings Economic Support Fund Nonproliferation, Anti-terrorism, Demining, and Related Programs (C) Funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement (D) Funds appropriated by this Act under the heading Economic Support Fund (E) Funds appropriated by this Act under titles III and IV for assistance for Pakistan may be made available notwithstanding any other provision of law, except for this subsection. (F) Of the funds appropriated under title IV of this Act that are made available for assistance for Pakistan, $33,000,000 shall be withheld from obligation until the Secretary of State reports to the Committees on Appropriations that Dr. Shakil Afridi has been released from prison and cleared of all charges relating to the assistance provided to the United States in locating Osama bin Laden. (4) Scholarships for women (A) Of the funds appropriated by this Act under the heading Economic Support Fund (B) The additional scholarships available pursuant to this subsection shall be awarded in accordance with other scholarship eligibility criteria already established by USAID. (C) Additional scholarships funded pursuant to this subsection shall be awarded for a range of disciplines to improve the employability of graduates and to meet the needs of scholarship recipients. (D) Not less than 50 percent of the scholarships available under this Program should be awarded to Pakistani women. (5) Reports (A) (i) The spend plan required by section 7064 of this Act for assistance for Pakistan shall include achievable and sustainable goals, benchmarks for measuring progress, and expected results regarding combating poverty and furthering development in Pakistan, countering extremism, and establishing conditions conducive to the rule of law and transparent and accountable governance: Provided Public Law 111–73 Provided further (ii) The Secretary of State should suspend assistance for the Government of Pakistan if any report required by paragraph (A)(i) indicates that Pakistan is failing to make measurable progress in meeting such goals or benchmarks. (B) Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the costs and objectives associated with significant infrastructure projects supported by the United States in Pakistan, and an assessment of the extent to which such projects achieve such objectives. (e) Sri Lanka (1) None of the funds appropriated by this Act under the heading Foreign Military Financing Program (2) Paragraph (1) shall not apply to assistance for humanitarian demining, disaster relief, and aerial and maritime surveillance. (3) If the Secretary makes the certification required in paragraph (1), funds appropriated under the heading Foreign Military Financing Program (4) Funds appropriated under the heading International Military Education and Training Provided (5) The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions to vote against any loan, agreement, or other financial support for Sri Lanka except to meet basic human needs, unless the Secretary of State certifies to the Committees on Appropriations that the Government of Sri Lanka is meeting the conditions specified under such heading in the report accompanying this Act. (f) Regional cross border programs Funds appropriated by this Act under the heading Economic Support Fund western hemisphere 7045. (a) Central american migration prevention and response (1) Not later than 90 days after enactment of this Act, the Secretary of State, jointly with the Administrator of the United States Agency for International Development (USAID) and after consultation with the heads of other relevant Federal agencies and the appropriate congressional committees, shall submit to such committees a prevention and response strategy and spend plan to address key indicators of poverty, lack of educational, vocational, and employment opportunities, and high rates of criminal gang activity, other violent crime, narcotics and human trafficking, family dissolution, child abuse and neglect, and other factors in countries in Central America that are contributing to significant increases in migration of unaccompanied, undocumented minors to the United States, including for the safe return and reintegration of such minors into families or family-like settings, with specific goals and benchmarks for measuring progress: Provided (2) The Secretary and the USAID Administrator shall also consult with representatives of national and local governments and civil society organizations in such countries for the purpose of developing such strategy, goals and benchmarks: Provided (3) Of the funds appropriated under titles III, IV, and VIII of this Act and under titles III and IV of prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Development Assistance Complex Crises Fund Economic Support Fund International Narcotics Control and Law Enforcement (4) Of the funds appropriated under the heading International Narcotics Control and Law Enforcement (b) Colombia (1) Funds appropriated by this Act and made available to the Department of State for assistance for the Government of Colombia may be used to support a unified campaign against narcotics trafficking, organizations designated as Foreign Terrorist Organizations, and other criminal or illegal armed groups, and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations: Provided Public Law 112–74 Provided further Provided further Provided further Provided further Economic Support Fund (2) Limitation Of the funds appropriated by this Act under the heading Foreign Military Financing Program (c) Cuba Of the funds appropriated by this Act under the heading “Economic Support Fund”, up to $10,000,000 may be made available for programs in Cuba, and an additional $5,000,000 may be made available for USAID programs, notwithstanding any other provision of law, regulation, or policy, to provide technical and other assistance to support the development of private Cuban businesses. (d) Guatemala Funds appropriated by this Act may be made available for assistance for the central Government of Guatemala only in accordance with the procedures and requirements specified under the Foreign Military Financing Program (e) Haiti (1) Funds appropriated by this Act may be made available for assistance for the Government of Haiti only in accordance with the procedures and requirements specified under this heading in the report accompanying this Act. (2) The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard. (f) Honduras (1) Funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement Foreign Military Financing Program Foreign Military Financing Program (2) The restriction in paragraph (1) shall not apply to assistance to promote transparency, anti-corruption, border security, and respect for the rule of law within the military and police. (g) Mexico (1) Prior to the obligation of 15 percent of the funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement Foreign Military Financing Program Foreign Military Financing Program (2) The restriction in paragraph (1) shall not apply to assistance to promote transparency, anti-corruption, border security, and respect for the rule of law within the military and police. (3) Not less than 45 days after the enactment of this Act, the Secretary of State, in consultation with the Commissioner for the United States Section of the International Boundary and Water Commission, shall certify and report to the Committees on Appropriations that Mexico has, consistent with its internal water allocation process, outlined a delivery schedule for amounts of water necessary to eliminate any deficit to the United States under the current cycle of 5 consecutive years for deliveries to the Rio Grande in accordance with the 1944 Treaty on the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, and to ensure that the current cycle ends in a debt free status: Provided (h) Aircraft operations and maintenance To the maximum extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act should be paid for by the recipient country. (i) Trade Capacity Funds appropriated by this Act under the headings Development Assistance Economic Support Fund PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS 7046. Section 7046 of division K of Public Law 113–76 War crimes tribunals 7047. (a) If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 Provided, Provided further, (b) Notwithstanding any other provision of law, funds appropriated by this Act may be made available for training, technical assistance, support for victims, law enforcement activity and cooperation, witness protection, and professional services in support of international judicial investigations, apprehensions, prosecutions, and adjudications of genocide, crimes against humanity, and war crimes consistent with section 2015 of the American Service-Members Protection Act, 2002, as amended: Provided Provided further UNITED NATIONS 7048. (a) Transparency and accountability Of the funds appropriated under title I and under the heading International Organizations and Programs (1) posting on a publicly available Web site, consistent with privacy regulations and due process, regular financial and programmatic audits of such organization or agency, and providing the United States Government with necessary access to such financial and performance audits; and (2) implementing protections for whistleblowers from retaliation that meet such requirements in United States law, including— (A) protection against retaliation for internal and lawful public disclosures; (B) legal burdens of proof; (C) statutes of limitation for reporting retaliation; (D) access to independent adjudicative bodies, including external arbitration; and (E) results that eliminate the effects of proven retaliation. (b) Restrictions on United Nations Delegations and Organizations (1) None of the funds made available under title I of this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. App. 2405(j)(1) (2) None of the funds made available under title I of this Act may be used by the Secretary of State as a contribution to any organization, agency, or program within the United Nations system if such organization, agency, commission, or program is chaired or presided over by a country the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, section 6(j)(1) of the Export Administration Act of 1979, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. (3) The Secretary of State may waive the restriction in this subsection if the Secretary reports to the Committees on Appropriations that to do so is in the national interest of the United States. (c) United nations human rights council Funds appropriated by this Act may be made available to support the United Nations Human Rights Council only if the Secretary of State reports to the Committees on Appropriations that participation in the Council is in the national interest of the United States: Provided (d) Report Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the amount of funds available for obligation or expenditure in fiscal year 2015 under the headings Contributions to International Organizations International Organizations and Programs Provided Provided further Community-based police assistance 7049. Section 7049 of division K of Public Law 113–76 GLOBAL INTERNET FREEDOM 7050. (a) Of the funds appropriated under titles I and III of this Act, not less than $35,000,000 shall be made available for programs to promote Internet freedom globally: Provided Provided further (b) Funds made available pursuant to subsection (a) shall be— (1) coordinated with other democracy, governance, and broadcasting programs funded by this Act under the headings International Broadcasting Operations Economic Support Fund Democracy Fund Complex Crises Fund (2) made available to the Bureau of Democracy, Human Rights, and Labor, Department of State for programs to implement the May 2011, International Strategy for Cyberspace and the comprehensive strategy to promote Internet freedom and access to information in Iran, as required by section 414 of Public Law 112–158 (3) made available to the Broadcasting Board of Governors (BBG) to provide tools and techniques to access the Internet Web sites of BBG broadcasters that are censored, and to work with such broadcasters to promote and distribute such tools and techniques, including digital security techniques; (4) made available for programs that support the efforts of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats to Internet freedom at international organizations; to combat violence against bloggers and other users; and to enhance digital security training and capacity building for democracy activists; and (5) made available for research of key threats to Internet freedom; the continued development of technologies that provide or enhance access to the Internet, including circumvention tools that bypass Internet blocking, filtering, and other censorship techniques used by authoritarian governments; and maintenance of the United States Government’s technological advantage over such censorship techniques: Provided (c) After consultation among the relevant agency heads to coordinate and de-conflict planned activities, but not later than 90 days after enactment of this Act, the Secretary of State and the BBG Board Chairman shall submit to the Committees on Appropriations spend plans for funds made available by this Act for programs to promote Internet freedom globally, which shall include a description of safeguards established by relevant agencies to ensure that such programs are not used for illicit purposes. (d) The Comptroller General of the United States shall conduct an audit of Internet freedom programs supported by funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, and shall consult with the Committees on Appropriations on the scope and requirements of such audit. international conferences 7051. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of agencies or departments of the United States Government who are stationed in the United States, at any single international conference occurring outside the United States, unless the Secretary of State reports to the Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided international conference aircraft transfer and coordination 7052. Section 7052 of division K of Public Law 113–76 PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN GOVERNMENTS 7053. Section 7053 of division K of Public Law 113–76 landmines and cluster munitions 7054. Section 7054 of division K of Public Law 113–76 Prohibition on publicity or propaganda 7055. Section 7055 of division K of Public Law 113–76 LIMITATION ON RESIDENCE EXPENSES 7056. Section 7056 of division K of Public Law 113–76 United states agency for international development management (including transfer of funds) 7057. (a) Authority Up to $93,000,000 of the funds made available in title III of this Act pursuant to or to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used by the United States Agency for International Development (USAID) to hire and employ individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 of the Foreign Service Act of 1980. (b) Restrictions (1) The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175. (2) The authority to hire individuals contained in subsection (a) shall expire on September 30, 2016. (c) Conditions The authority of subsection (a) should only be used to the extent that an equivalent number of positions that are filled by personal services contractors or other non-direct hire employees of USAID, who are compensated with funds appropriated to carry out part I of the Foreign Assistance Act of 1961, are eliminated. (d) Program Account Charged The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which such individual's responsibilities primarily relate: Provided Operating Expenses (e) Foreign Service Limited Extensions Individuals hired and employed by USAID, with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of section 309 of the Foreign Service Act of 1980, may be extended for a period of up to 4 years notwithstanding the limitation set forth in such section. (f) Disaster Surge Capacity Funds appropriated under title III of this Act to carry out part I of the Foreign Assistance Act of 1961 may be used, in addition to funds otherwise available for such purposes, for the cost (including the support costs) of individuals detailed to or employed by USAID whose primary responsibility is to carry out programs in response to natural or man-made disasters subject to the regular notification procedures of the Committees on Appropriations. (g) Personal Services Contractors Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Food for Peace Act (Public Law 83–480), may be used by USAID to employ up to 40 personal services contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided Provided further (h) Small Business In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business. (i) Senior Foreign Service Limited Appointments Individuals hired pursuant to the authority provided by section 7059(o) of division F of Public Law 111–117 (j) Local sustainable development officers (1) Not later than 90 days after enactment of this Act and after consultation with the appropriate congressional committees, the USAID Administrator shall establish a new Foreign Service Officer position designated as Local Sustainable Development Officer (A) specifying a time period for overseas assignments that facilitates sustainable development, and which includes the option of extending such overseas assignments; (B) sufficient foreign language training; (C) expertise in one or more program areas; (D) position descriptions that give such officers primary responsibility for building relationships with and the capacity of local nongovernmental and governmental entities, and supporting grants to and cooperative agreements with such entities to design and implement small-scale, sustainable programs, projects, and activities across all development sectors; (E) incentives, including training, compensation, and career development opportunities, to encourage such officers to carry out their responsibilities; and (F) ensuring that the responsibilities and assignments of relevant locally employed staff are fully integrated with the work of such officers. (2) The USAID Administrator shall— (A) offer to current USAID Foreign Service Officers the opportunity to convert to a Local Sustainable Development Officer position; and (B) designate not less than half of the total number of Foreign Service Officer positions that become vacant annually due to attrition as Local Development Sustainable Officer positions. (k) Global Development Lab Personnel Funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 may be used to employ up to 15 individuals on a limited appointment basis for activities related to the United States Global Development Lab pursuant to schedule A of the Excepted Service, or similar authority: Provided global health activities 7058. (a) In general Funds appropriated by titles III and IV of this Act that are made available for bilateral assistance for global health programs including activities relating to research on, and the prevention, treatment and control of, HIV/AIDS may be made available notwithstanding any other provision of law except for provisions under the heading Global Health Programs Provided (b) Pandemic response If the President determines and reports to the Committees on Appropriations that a pandemic virus is efficient and sustained, severe, and is spreading internationally, any funds made available under titles III and IV in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available to combat such virus: Provided gender equality 7059. (a) Gender Equality Funds appropriated by this Act shall be made available to promote gender equality in United States Government diplomatic and development efforts by raising the status, increasing the participation, and protecting the rights of women and girls worldwide. (b) Women’s leadership Of the funds appropriated by title III of this Act, not less than $50,000,000 shall be made available to increase leadership opportunities for women in countries where women and girls suffer discrimination due to law, policy, or practice, by strengthening protections for women’s political status, expanding women’s participation in political parties and elections, and increasing women’s opportunities for leadership positions in the public and private sectors at the local, provincial, and national levels. (c) Gender-Based violence (1) (A) Of the funds appropriated by titles III and IV of this Act, not less than $150,000,000 should be made available to implement a multi-year strategy to prevent and respond to gender-based violence in countries where it is common in conflict and non-conflict settings. (B) Funds appropriated by titles III and IV of this Act that are available to train foreign police, judicial, and military personnel, including for international peacekeeping operations, shall address, where appropriate, prevention and response to gender-based violence and trafficking in persons, and shall promote the integration of women into the police and other security forces. (2) Department of State and USAID gender programs shall incorporate coordinated efforts to combat a variety of forms of gender-based violence, including child marriage, rape, female genital cutting and mutilation, and domestic violence, among other forms of gender-based violence in conflict and non-conflict settings. (d) Women, peace, and security Funds appropriated by this Act under the headings Development Assistance Economic Support Fund International Narcotics Control and Law Enforcement SECTOR ALLOCATIONS 7060. (a) Basic and higher education (1) (A) Basic education Of the funds appropriated under title III of this Act, up to $534,291,000 may be made available for assistance for basic education, subject to the requirements of subparagraph (B). (B) Funds appropriated under title III of this Act that are available for basic education assistance may only be made available if the Administrator of the United States Agency for International Development (USAID) certifies and reports to the Committees on Appropriations upon enactment of this Act that the amount of unobligated and unexpended funds for such assistance from prior acts making appropriations for the Department of State, foreign operations, and related programs does not exceed $534,291,000: Provided International Disaster Assistance Complex Crises Fund Migration and Refugee Assistance Development Assistance Economic Support Fund (2) Higher education Of the funds appropriated by title III of this Act, not less than $249,592,000 shall be made available for assistance for higher education, of which not less than $35,000,000 shall be to support such programs in Africa, including for partnerships between higher education institutions in Africa and the United States. (3) Of the funds appropriated by title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for basic and higher education, not less than $15,000,000 shall be made available for such assistance for persons who are blind. (4) For purposes of funds appropriated under title III of this Act, the term democracy programs (b) Countering violent extremism Funds appropriated by titles III, IV, and VIII of this Act may be made available for programs to reduce support for foreign terrorist organizations (FTOs), as designated pursuant to section 219 of the Immigration and Nationality Act, through messaging campaigns to damage their appeal; programs for potential supporters of violent extremism; counter radicalization and rehabilitation programs in prisons; job training and social reintegration for former supporters of FTOs; law enforcement training programs; and capacity building for civil society organizations to combat radicalization in local communities: Provided countering violent extremism Provided further (c) Environment and Energy Programs (1) In general Of the funds appropriated by this Act, not less than $1,167,250,000 should be made available for environment programs. (2) Clean energy The limitation in section 7081(b) of division F of Public Law 111–117 Provided (3) Adaptation and mitigation Funds appropriated by this Act may be made available for United States contributions to multilateral environmental funds and facilities to support adaptation and mitigation programs and activities. (4) Sustainable landscapes and biodiversity Of the funds appropriated under title III of this Act, not less than $123,500,000 shall be made available for sustainable landscapes programs and, in addition, not less than $250,000,000 shall be made available to protect biodiversity, and shall not be used to support or promote the expansion of industrial scale logging or any other industrial scale extractive activity into areas that were primary/intact tropical forest as of December 30, 2013: Provided Provided further, Provided further, (5) Wildlife Poaching and Trafficking (A) Not less than $55,000,000 of the funds appropriated under titles III and IV of this Act shall be made available to combat the transnational threat of wildlife poaching and trafficking, including not less than $10,000,000 for programs to combat rhinoceros poaching in southern Africa. (B) None of the funds appropriated under title IV of this Act may be made available for training or other assistance for any military unit or personnel that the Secretary of State determines has been credibly alleged to have participated in wildlife poaching or trafficking, unless the Secretary reports to the Committees on Appropriations that to do so is in the national security interests of the United States. (6) Waste recycling Of the funds appropriated under title III of this Act, not less than $5,000,000 shall be made available for small grants to support initiatives to recycle waste. (7) Toxic chemicals Of the funds appropriated under title III of this Act, not less than $5,000,000 shall be made available for small grants to support initiatives to identify areas severely affected by toxic chemical pollution and to eliminate the threats to health and the environment caused by such pollution. (8) Authority Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law except for the provisions of this subsection and subject to the regular notification procedures of the Committees on Appropriations, to support environment programs. (9) Extraction of natural resources (A) Funds appropriated by this Act shall be made available to promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative, implementing and enforcing section 8204 of Public Law 110–246 (B) (i) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any assistance by such institutions (including but not limited to any loan, credit, grant, or guarantee) for the extraction and export of a natural resource if the government of the country has in place laws, regulations, or procedures to prevent or limit the public disclosure of company payments as required by section 1504 of Public Law 111–203 (I) accurately accounting for and public disclosure of payments to the host government by companies involved in the extraction and export of natural resources; (II) the independent auditing of accounts receiving such payments and public disclosure of the findings of such audits; and (III) public disclosure of such documents as Host Government Agreements, Concession Agreements, and bidding documents, allowing in any such dissemination or disclosure for the redaction of, or exceptions for, information that is commercially proprietary or that would create competitive disadvantage. (ii) The requirements of clause (i) shall not apply to assistance for the purpose of building the capacity of such government to meet the requirements of this subparagraph. (C) The Secretary of the Treasury or the Secretary of State, as appropriate, shall instruct the United States executive director of each international financial institution and the United States representatives to all forest-related multilateral financing mechanisms and processes to vote against any financing to support or promote the expansion of industrial scale logging or any other industrial scale extractive activity into areas that were primary/intact tropical forest as of December 30, 2013. (D) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote in relation to any loan, grant, strategy or policy of such institution to support the construction of any large hydroelectric dam (as defined in Dams and Development: A New Framework for Decision-Making, (E) Not later than 90 days after enactment of this Act, the USAID Administrator shall designate sufficient personnel with the technical expertise to fulfill the agency’s responsibilities under sections 1302, 1303, and 1307 of title XIII of the International Financial Institutions Act of 1977, as amended, including the ability for personnel with such expertise from the Environmental Protection Agency, United States Fish and Wildlife Service, and other relevant United States Government agencies to be detailed to USAID, as needed, which may be on a non-reimbursable basis, to provide additional technical support and specific subject matter reviews: Provided further (i) conducting independent, technical, and thorough reviews of proposed multilateral development bank (MDB) projects at the technical assessment/feasibility stage prior to the drafting of an environmental impact assessment; (ii) conducting such reviews, and coordinating and compiling the analyses by other relevant United States Government agencies, of the environmental impact assessment; and (iii) ongoing monitoring of MDB projects to determine the degree of incorporation and effectiveness of United States Government recommendations and the adequacy of safeguard policies. (10) Continuation of prior law Section 7081(g)(2) and (4) of division F of Public Law 111–117 (d) Food security and agricultural development Of the funds appropriated by title III of this Act, not less than $1,000,600,000 should be made available for food security and agricultural development programs, of which $32,000,000 shall be made available for the Feed the Future Collaborative Research Innovation Lab: Provided (e) Microenterprise and microfinance Of the funds appropriated by this Act, not less than $210,302,000 should be made available for microenterprise and microfinance development programs for the poor, especially women. (f) Reconciliation programs Of the funds appropriated by this Act under the headings Economic Support Fund Development Assistance Provided Provided further, (g) Trafficking in persons Of the funds appropriated by this Act under the headings Development Assistance Economic Support Fund International Narcotics Control and Law Enforcement (h) Water and sanitation Of the funds appropriated by this Act, not less than $400,000,000 shall be made available for water and sanitation supply projects pursuant to the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 (j) Notification requirements Authorized deviations from funding levels contained in this section shall be subject to the regular notification procedures of the Committees on Appropriations. Uzbekistan 7061. The terms and conditions of section 7076 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8 Provided Provided further Provided further assistance Requests for documents 7062. Section 7062 of division K of Public Law 113–76 UNITED NATIONS POPULATION FUND 7063. (a) Of the funds made available under the heading International Organizations and Programs (b) Funds appropriated by this Act for UNFPA, that are not made available for UNFPA because of the operation of any provision of law, shall be transferred to the ‘‘Global Health Programs’’ account and shall be made available for family planning, maternal, and reproductive health activities, subject to the regular notification procedures of the Committees on Appropriations. (c) None of the funds made available by this Act may be used by the UNFPA for a country program in the People’s Republic of China. (d) Funds made available by this Act for UNFPA may not be made available unless— (1) UNFPA maintains funds made available by this Act in an account separate from other accounts of UNFPA and does not commingle such funds with other sums; and (2) UNFPA does not fund abortions. budget documents 7064. (a) Operating Plans Not later than 45 days after the date of enactment of this Act, each department, agency, or organization funded in titles I and II of this Act, and the Department of the Treasury and Independent Agencies funded in title III of this Act, including the Inter-American Foundation and the United States African Development Foundation, shall submit to the Committees on Appropriations an operating plan for funds appropriated to such department, agency, or organization in such titles of this Act, or funds otherwise available for obligation in fiscal year 2015, that provides details of the uses of such funds at the program, project, and activity level: Provided Provided further Provided further (b) Spend Plans (1) Prior to the initial obligation of funds, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development (USAID), shall submit to the Committees on Appropriations a detailed spend plan for funds made available by this Act under title III, and under title IV where applicable, for— (A) assistance for Afghanistan, Colombia, Egypt, Haiti, Iraq, Lebanon, Libya, Mexico, Pakistan, the West Bank and Gaza, and Yemen; (B) the Caribbean Basin Security Initiative, the Central American Regional Security Initiative, the Trans-Sahara Counterterrorism Partnership program, and the Partnership for Regional East Africa Counterterrorism program; and (C) democracy programs, and food security and agriculture development programs. (2) Not later than 45 days after enactment of this Act, the USAID Administrator shall submit to the Committees on Appropriations a detailed spend plan for funds made available during fiscal year 2014 under the heading Development Credit Authority (3) Not later than 45 days after enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Appropriations a detailed spend plan for funds made available by this Act under the headings Department of the Treasury International Financial Institutions (c) Notifications The spend plans referenced in subsection (b) shall not be considered as meeting the notification requirements in this Act or under section 634A of the Foreign Assistance Act of 1961. (d) Congressional Budget Justification The Secretary of State and the USAID Administrator shall include in the congressional budget justification a detailed justification for multi-year availability for any funds requested under the headings Diplomatic and Consular Programs Operating Expenses Provided INTERNATIONAL PRISON CONDITIONS 7065. Funds appropriated under the headings Development Assistance Economic Support Fund International Narcotics Control and Law Enforcement Provided Provided further Prohibition on use of torture 7066. (a) None of the funds made available in this Act may be used to support or justify the use of torture, cruel, or inhumane treatment by any official or contract employee of the United States Government. (b) Funds appropriated under titles III and IV of this Act shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961 and following consultation with the Committees on Appropriations, for assistance to eliminate torture by foreign police, military or other security forces in countries receiving assistance from funds appropriated by this Act. Extradition 7067. Section 7067 of division K of Public Law 113–76 COMMERCIAL LEASING OF DEFENSE ARTICLES 7068. Section 7068 of division K of Public Law 113–76 INDEPENDENT STATES OF THE FORMER SOVIET UNION 7069. Section 7069 of division K of Public Law 113–76 russia 7070. (a) (1) None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea: Provided (2) Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations listing any country identified pursuant to the requirements of paragraph (1), and shall post and regularly update such list on the Department of State’s Web site. (3) None of the funds appropriated by this Act may be made available for— (A) the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea; (B) the facilitation, financing, or guarantee of United States Government investments in Crimea, if such activity includes the participation of Russian Government officials, and Russian owned and controlled banks, or other Russian Government owned and controlled financial entities; or (C) assistance for Crimea, if such assistance includes the participation of Russian Government officials, and Russian owned and controlled banks, and other Russian Government owned and controlled financial entities. (4) The Secretary of the Treasury shall instruct the United States executive directors of each international financial institution to vote against any assistance by such institution (including but not limited to any loan, credit, or guarantee) for any program that violates the sovereignty or territorial integrity of Ukraine. (5) The requirements of subsection (a) shall cease to be in effect if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Ukraine has reestablished sovereignty over Crimea. (b) Of the funds appropriated under title VIII of this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement Foreign Military Financing Program Provided Provided further Public Law 113–76 (c) Funds appropriated by this Act under the heading International Military Education and Training (d) Funds appropriated by this Act for assistance for the Eastern Partnership countries shall be made available to advance the implementation of Association Agreements, trade agreements, and visa liberalization agreements with the European Union, and to reduce their vulnerability to external economic and political pressure from the Russian Federation. (e) Of the funds appropriated by this Act under the heading Economic Support Fund (f) Not later than 45 days after enactment of this Act, the Secretary of State shall update the reports required by section 7071(b)(2), (c), and (e) of division K of Public Law 113–76. international monetary fund 7071. (a) The terms and conditions of sections 7086(b) (1) and (2) and 7090(a) of division F of Public Law 111–117 (b) The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund (IMF) to seek to ensure that any loan will be repaid to the IMF before other private creditors. (c) The Secretary of the Treasury shall seek to require that the IMF implements protections for whistleblowers from retaliation that meet such requirements in United States law, including— (1) protection against retaliation for internal and lawful public disclosures; (2) legal burdens of proof; (3) statutes of limitation for reporting retaliation; (4) access to independent adjudicative bodies, including external arbitration; and (5) results that eliminate the effects of proven retaliation. (d) (1) Section 17 of the Bretton Woods Agreements Act ( 22 U.S.C. 286e–2 Fund only to the extent that such amounts are not subject to cancellation (2) The Bretton Woods Agreements Act ( 22 U.S.C. 286 et seq. 71. Acceptance of amendments to the articles of agreement of the fund The United States Governor of the Fund may accept the amendments to the Articles of Agreement of the Fund as proposed in resolution 66–2 of the Board of Governors of the Fund. 72. Quota increase (a) In general The United States Governor of the Fund may consent to an increase in the quota of the United States in the Fund equivalent to 40,871,800,000 Special Drawing Rights. (b) Subject to appropriations The authority provided by subsection (a) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. . PROHIBITION ON FIRST CLASS TRAVEL 7072. Section 7072 of division K of Public Law 113–76 Public posting of reports 7073. (a) Except as provided in subsections (b) and (c), any report required by this Act to be submitted to Congress by any Federal agency receiving funds made available by this Act shall be posted on the public Web site of such agency not later than 30 days following its receipt by the Congress. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report would compromise national security, including the conduct of diplomacy; (2) the report contains proprietary or other privileged information; or (3) the report is specifically exempted in the report accompanying this Act. (c) The agency posting such report shall do so only after the report has been made available to the Committees on Appropriation. Assistance for united states citizens and nationals wrongly detained abroad 7074. (a) Funds appropriated by this Act shall be made available for the Secretary of State to develop and implement a policy and procedures for determining whether citizens and nationals of the United States detained abroad are more likely than not detained arbitrarily and in violation of international law and, as such, deserving of enhanced legal and diplomatic support: Provided (1) whether the detained individual has presented credible evidence of factual innocence to United States Government officials; (2) whether evidence exists that the individual is detained solely because he or she is a citizen or national of the United States; (3) whether evidence exists that the individual is being detained in violation of internationally protected rights and freedoms such as freedoms of expression, association, assembly, and religion; (4) whether the individual is being detained in violation of the detaining country’s laws; (5) whether independent nongovernmental organizations or journalists have raised legitimate questions about the individual’s innocence; (6) whether the United States embassy in the country where the individual is being detained has received other credible reports that the detention is more likely than not a pretext; (7) whether police reports show evidence of a credible investigation; (8) whether the individual is detained in a country where the Department of State has determined in its annual human rights reports that the judicial system is not independent or impartial, is susceptible to corruption, or is incapable of rendering just verdicts; and (9) whether the international right to due process of law has been sufficiently impaired so as to render the detention arbitrary. (b) The Secretary of State shall submit to the appropriate congressional committees a quarterly report on citizens and nationals of the United States detained abroad who are more likely than not detained arbitrarily and in violation of international law: Provided (1) the name of the individual; (2) basic facts about the case; (3) the reasons the Secretary of State believes it is more likely than not that the individual is detained arbitrarily and in violation of international law; (4) a description of specific efforts, legal and diplomatic, taken on behalf of the individual since the last reporting period, including a description of accomplishments and setbacks; and (5) a description of intended next steps. (c) The Secretary of State shall publish a resource manual for government officials and families of wrongly detained individuals including suggested actions designed to obtain their release, including acting through traditional diplomatic and consular channels, submitting public or private letters from members of Congress, and consulting with relevant legal and human rights organizations. Arms Trade Treaty 7075. None of the funds appropriated by this Act may be obligated or expended to implement in the United States the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty. Overseas private investment corporation 7076. Whenever the President determines that it is in furtherance of the purposes of the Foreign Assistance Act of 1961 Provided, Provided further, Provided further, SPECIAL DEFENSE ACQUISITION FUND 7077. Section 7077 of division K of Public Law 113–76 use of funds in contravention of this act 7078. Section 7078 of division K of Public Law 113–76 Disability programs 7079. (a) Of the funds appropriated by this Act under the heading Economic Support Fund (b) Of the funds made available by this section, 5 percent may be used for USAID for management, oversight, and technical support. IMPACT ON JOBS IN THE UNITED STATES 7080. Section 7081 (1) and (2) of division K of Public Law 113–76 Authority for replenishments 7081. (a) The Asian Development Bank Act, Public Law 89–369, as amended ( 22 U.S.C. 285 et seq. 35. Tenth Replenishment (a) The United States Governor of the Bank is authorized to contribute, on behalf of the United States, $359,600,000 to the tenth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations. (b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $359,600,000 for payment by the Secretary of the Treasury. . (b) The International Development Association Act, Public Law 86–565 28. Seventeenth Replenishment (a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $3,871,800,000 to the seventeenth replenishment of the resources of the Association, subject to obtaining the necessary appropriations. (b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,871,800,000 for payment by the Secretary of the Treasury. 29. Multilateral Debt Relief (a) The Secretary of the Treasury is authorized to contribute, on behalf of the United States, not more than $565,020,000 to the International Development Association for the purpose of funding debt relief costs under the Multilateral Debt Relief Initiative incurred in the period governed by the seventeenth replenishment of resources of the International Development Association, subject to obtaining the necessary appropriations and without prejudice to any funding arrangements in existence on the date of the enactment of this section. (b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $565,020,000 for payment by the Secretary of the Treasury. (c) In this section, the term Multilateral Debt Relief Initiative Conclusions on Development, . (c) The African Development Fund Act, Public Law 94–302 22 U.S.C. 290g et seq. 223. Thirteenth Replenishment (a) The United States Governor of the Fund is authorized to contribute on behalf of the United States $585,000,000 to the thirteenth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations. (b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $585,000,000 for payment by the Secretary of the Treasury. 224. Multilateral Debt Relief (a) The Secretary of the Treasury is authorized to contribute, on behalf of the United States, not more than $54,620,000 to the African Development Fund for the purpose of funding debt relief costs under the Multilateral Debt Relief Initiative incurred in the period governed by the thirteenth replenishment of resources of the African Development Fund, subject to obtaining the necessary appropriations and without prejudice to any funding arrangements in existence on the date of the enactment of this section. (b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $54,620,000 for payment by the Secretary of the Treasury. (c) In this section, the term Multilateral Debt Relief Initiative Conclusions on Development, . RESCISSION OF FUNDS 7082. Of the unexpended balances available under the heading ‘‘Export and Investment Assistance, Export-Import Bank of the United States, Subsidy Appropriation’’ from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $30,000,000 are rescinded. Border crossing card fee for minors 7083. Section 410(a)(1)(A) of title IV of the Department of State and Related Agencies Appropriations Act, 1999 (contained in division A of Public Law 105–277 a fee of $13 a fee equal to one-half the fee that would otherwise apply for processing a machine readable combined border crossing identification card and nonimmigrant visa small grants program 7084. (a) Establishment of the program A Small Grants Program (SGP) shall be established within the United States Agency for International Development (USAID) to provide small grants, cooperative agreements, and other assistance mechanisms and agreements of not more than $2,000,000 to small nongovernmental organizations, universities, and other small entities (hereafter eligible entities Provided Public Law 110–161 (b) Eligibility for grants Grants from the SGP shall only be made to eligible entities. (c) Competition Grants made pursuant to the authority of this subsection shall be provided through: (1) unsolicited applications received and evaluated pursuant to USAID policy regarding such proposals; or (2) an open, transparent and competitive process that emphasizes simplicity. (d) Funding (1) Of the funds appropriated by this Act to carry out chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, not less than $45,000,000 shall be made available for the SGP within USAID’s Local Sustainability Office of the Bureau for Economic Growth, Education and Environment to carry out this subsection. (2) Other than to meet the requirements of this subsection, funds made available to carry out this subsection may not be allocated in the report required by section 653(a) to meet any other specifically designated funding levels contained in this Act: Provided (3) Funds made available under this subsection shall remain available for obligation until September 30, 2019: Provided (e) Program Management (1) Not later than 120 days after enactment of this Act, the Administrator of USAID shall issue guidance implementing this section: Provided (A) establish procedures whereby in each fiscal year, not less than 3 USAID missions shall be competitively selected to run a multi-year SGP for its respective country; and (B) provide that the primary rationale for denying a mission request for SGP funding may not be that such program does not fit within USAID's country development plan. (2) Upon selection of a mission pursuant to the procedures required by paragraph (1), such selected mission or missions may be allocated the full estimated cost of the multi-year program: Provided (3) In addition to funds otherwise available for such purposes, up to 12 percent of the funds made available to carry out this subsection may be used by USAID for administrative and oversight expenses associated with managing relationships with small entities under the SGP. (f) Report Not later than 120 days after enactment of this Act and after consultation with the Committees on Appropriations, the Administrator shall submit a report to such Committees describing the procedures and mechanisms USAID intends to use to implement the SGP. Consular notification compliance 7085. (a) Petition for review (1) Jurisdiction Notwithstanding any other provision of law, a Federal court shall have jurisdiction to review the merits of a petition claiming violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or a comparable provision of a bilateral international agreement addressing consular notification and access, filed by an individual convicted and sentenced to death by any Federal or State court before the date of enactment of this Act. (2) Standard To obtain relief, an individual described in paragraph (1) must make a showing of actual prejudice to the criminal conviction or sentence as a result of the violation. The court may conduct an evidentiary hearing if necessary to supplement the record and, upon a finding of actual prejudice, shall order a new trial or sentencing proceeding. (3) Limitations (A) Initial showing To qualify for review under this subsection, a petition must make an initial showing that— (i) a violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or a comparable provision of a bilateral international agreement addressing consular notification and access, occurred with respect to the individual described in paragraph (1); and (ii) if such violation had not occurred, the consulate would have provided assistance to the individual. (B) Effect of prior adjudication A petition for review under this subsection shall not be granted if the claimed violation described in paragraph (1) has previously been adjudicated on the merits by a Federal or State court of competent jurisdiction in a proceeding in which no Federal or State procedural bars were raised with respect to such violation and in which the court provided review equivalent to the review provided in this subsection, unless the adjudication of the claim resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the prior Federal or State court proceeding. (C) Filing deadline A petition for review under this subsection shall be filed within 1 year of the later of— (i) the date of enactment of this Act; (ii) the date on which the Federal or State court judgment against the individual described in paragraph (1) became final by the conclusion of direct review or the expiration of the time for seeking such review; or (iii) the date on which the impediment to filing a petition created by Federal or State action in violation of the Constitution or laws of the United States is removed, if the individual described in paragraph (1) was prevented from filing by such Federal or State action. (D) Tolling The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward the 1-year period of limitation. (E) Time limit for review A Federal court shall give priority to a petition for review filed under this subsection over all noncapital matters. With respect to a petition for review filed under this subsection and claiming only a violation described in paragraph (1), a Federal court shall render a final determination and enter a final judgment not later than one year after the date on which the petition is filed. (4) Habeas petition A petition for review under this subsection shall be part of the first Federal habeas corpus application or motion for Federal collateral relief under chapter 153 (5) Referral to magistrate A Federal court acting under this subsection may refer the petition for review to a Federal magistrate for proposed findings and recommendations pursuant to 28 U.S.C. 636(b)(1)(B) (6) Appeal (A) In general A final order on a petition for review under paragraph (1) shall be subject to review on appeal by the court of appeals for the circuit in which the proceeding is held. (B) Appeal by petitioner An individual described in paragraph (1) may appeal a final order on a petition for review under paragraph (1) only if a district or circuit judge issues a certificate of appealability. A district or circuit court judge shall issue or deny a certificate of appealability not later than 30 days after an application for a certificate of appealability is filed. A district judge or circuit judge may issue a certificate of appealability under this subparagraph if the individual has made a substantial showing of actual prejudice to the criminal conviction or sentence of the individual as a result of a violation described in paragraph (1). (b) Violation (1) In general An individual not covered by subsection (a) who is arrested, detained, or held for trial on a charge that would expose the individual to a capital sentence if convicted may raise a claim of a violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or of a comparable provision of a bilateral international agreement addressing consular notification and access, at a reasonable time after the individual becomes aware of the violation, before the court with jurisdiction over the charge. Upon a finding of such a violation— (A) the consulate of the foreign state of which the individual is a national shall be notified immediately by the detaining authority, and consular access to the individual shall be afforded in accordance with the provisions of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or the comparable provisions of a bilateral international agreement addressing consular notification and access; and (B) the court— (i) shall postpone any proceedings to the extent the court determines necessary to allow for adequate opportunity for consular access and assistance; and (ii) may enter necessary orders to facilitate consular access and assistance. (2) Evidentiary hearings The court may conduct evidentiary hearings if necessary to resolve factual issues. (3) Rule of construction Nothing in this subsection shall be construed to create any additional remedy. (c) Definitions In this section the term State (d) Applicability The provisions of this section shall apply during the current fiscal year and hereafter. FULBRIGHT UNIVERSITY VIETNAM 7086. (a) Definitions Section 203 of the Vietnam Education Foundation Act of 2000 (title II of division B of H.R. 5666, as enacted into law by section 1(a)(4) of Public Law 106–554 22 U.S.C. 2452 (1) by redesignating paragraph (4) as paragraph (6); and (2) by inserting after paragraph (3) the following: (4) Fulbright university vietnam The term Fulbright University Vietnam (5) Trust for university innovation in vietnam The term Trust for University Innovation in Vietnam . (b) Use of Vietnam Debt Repayment Fund for Fulbright University Vietnam Section 207(c)(3) of the Vietnam Education Foundation Act of 2000 (title II of division B of H.R. 5666, as enacted into law by section 1(a)(4) of Public Law 106–554 (3) Use of excess funds for fulbright university vietnam During each of the fiscal years 2014 through 2018, amounts deposited into the Fund, in excess of the amounts made available to the Foundation under paragraph (1), shall be made available by the Secretary of the Treasury, upon the request of the Secretary of State, for grants to the Trust for University Innovation in Vietnam for the purpose of supporting the establishment of Fulbright University Vietnam. . (c) Grants Authorized The Vietnam Education Foundation Act of 2000 ( 22 U.S.C. 2452 211. Fulbright University Vietnam (a) Grants Authorized The Secretary of State may award 1 or more grants to the Trust for University Innovation in Vietnam, which shall be used to support the establishment of Fulbright University Vietnam. (b) Application In order to receive 1 or more grants pursuant to subsection (a), Trust for University Innovation in Vietnam shall submit an application to the Secretary of State at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (c) Minimum Standards As a condition of receiving grants under this section, Trust for University Innovation in Vietnam shall ensure that Fulbright University Vietnam— (1) achieves standards comparable to those required for accreditation in the United States; (2) offers graduate and undergraduate level teaching and research programs in a broad range of fields, including public policy, management, and engineering; and (3) establishes a policy of academic freedom and prohibits the censorship of dissenting or critical views. (d) Annual Report Not later than 90 days after the last day of each fiscal year, the Secretary of State shall submit a report to the appropriate congressional committees that summarizes the activities carried out under this section during such fiscal year. . Assistance for foreign nongovernmental organizations 7087. Part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. 104D. Eligibility for Assistance Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance authorized under sections 104, 104A, 104B, and 104C— (1) a foreign nongovernmental organization shall not be ineligible for such assistance solely on the basis of health or medical services, including counseling and referral services, provided by such organization with non-United States Government funds if such services are permitted in the country in which they are being provided and would not violate United States law if provided in the United States; and (2) a foreign nongovernmental organization shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under this part. . VIII Overseas Contingency Operations Department of State Administration of foreign affairs Diplomatic and consular programs (including transfer of funds) For an additional amount for Diplomatic and Consular Programs Provided Provided further Provided further CONFLICT STABILIZATION OPERATIONS For an additional amount for Conflict Stabilization Operations Provided Office of inspector general For an additional amount for Office of Inspector General Provided Provided further Embassy security, construction, and maintenance For an additional amount for Embassy Security, Construction, and Maintenance Provided International organizations contributions to international organizations For an additional amount for Contributions to International Organizations Provided United states agency for international development Funds appropriated to the president Operating expenses For an additional amount for Operating Expenses Provided Bilateral Economic Assistance Funds Appropriated to the President International Disaster Assistance For an additional amount for International Disaster Assistance Provided Complex crises fund For an additional amount for Complex Crises Fund Provided Economic support fund For an additional amount for Economic Support Fund Provided Department of State Migration and refugee assistance For an additional amount for Migration and Refugee Assistance Provided International security assistance Department of state CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES For an additional amount for “Contributions for International Peacekeeping Activities”, $556,010,000, to remain available until September 30, 2016: Provided International narcotics control and law enforcement For an additional amount for International Narcotics Control and Law Enforcement Provided Nonproliferation, anti-terrorism, demining and related programs For an additional amount for Nonproliferation, Anti-terrorism, Demining and Related Programs Provided peacekeeping operations For an additional amount for Peacekeeping Operations Provided Provided further, Funds appropriated to the president Foreign military financing program For an additional amount for Foreign Military Financing Program Provided Provided further multilateral assistance Funds Appropriated to the President International Financial Institutions transition fund For payment to the International Bank of Reconstruction and Development as trustee for the Transition Fund by the Secretary of the Treasury, $5,000,000, to remain available until expended: Provided general provisions additional appropriations 8001. Notwithstanding any other provision of law, funds appropriated in this title are in addition to amounts appropriated or otherwise made available in this Act for fiscal year 2015. extension of authorities and conditions 8002. Unless otherwise provided for in this Act, the additional amounts appropriated by this title to appropriations accounts in this Act shall be available under the authorities and conditions applicable to such appropriations accounts. transfer authority 8003. (a) Funds appropriated by this title in this Act under the headings Complex Crises Fund Economic Support Fund Contributions for International Peacekeeping Activities International Narcotics Control and Law Enforcement Nonproliferation, Anti-terrorism, Demining and Related Programs Peacekeeping Operations Foreign Military Financing Program (1) funds appropriated by this title under such headings; and (2) funds appropriated by this title under the headings International Disaster Assistance Migration and Refugee Assistance (b) Notwithstanding any other provision of this section, not to exceed $25,000,000 from funds appropriated under the headings International Narcotics Control and Law Enforcement Peacekeeping Operations Foreign Military Financing Program Global Security Contingency Fund Provided (c) The transfer authority provided in subsections (a) and (b) may only be exercised to address unanticipated contingencies or peacekeeping requirements. (d) Funds appropriated under this heading may be transferred to, and merged with, funds previously made available under the heading Transition Initiatives (e) The transfer authority provided by this section shall be subject to the regular notification procedures of the Committees on Appropriations: Provided DESIGNATION REQUIREMENT 8004. Each amount designated in this title by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available only if the President subsequently so designates all such amounts and transmits such designations to the Congress. This Act may be cited as the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 June 19, 2014 Read twice and placed on the calendar

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015

Corporate Tax Dodging Prevention Act - Amends the Internal Revenue Code, with respect to the taxation of the foreign-source income of domestic corporations, to: (1) eliminate the deferral of tax on the foreign-source income of U.S. corporations for taxable years beginning after December 31, 2013, (2) deny the foreign tax credit to large integrated oil companies that are dual capacity taxpayers, (3) limit the offset of the foreign tax credit to income that is subject to U.S. tax, and (4) treat foreign corporations managed and controlled in the United States as domestic corporations for U.S. tax purposes.

114 S922 IS: Corporate Tax Dodging Prevention Act U.S. Senate 2015-04-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 922 IN THE SENATE OF THE UNITED STATES April 14, 2015 Mr. Sanders Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the treatment of foreign corporations, and for other purposes. 1. Short title This Act may be cited as the Corporate Tax Dodging Prevention Act 2. Deferral of Active Income of Controlled Foreign Corporations Section 952 (e) Special Application of Subpart (1) In general For taxable years beginning after December 31, 2015, notwithstanding any other provision of this subpart, the term subpart F income (2) Applicable rules Rules similar to the rules under the last sentence of subsection (a) and subsection (d) shall apply to this subsection. . 3. Modifications of foreign tax credit rules applicable to large integrated oil companies which are dual capacity taxpayers (a) In general Section 901 (n) Special rules relating to large integrated oil companies which are dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a large integrated oil company to a foreign country or possession of the United States for any period shall not be considered a tax— (A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or (B) to the extent such amount exceeds the amount (determined in accordance with regulations) which— (i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or (ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). (2) Dual capacity taxpayer For purposes of this subsection, the term dual capacity taxpayer (A) is subject to a levy of such country or possession, and (B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. (3) Generally applicable income tax For purposes of this subsection— (A) In general The term generally applicable income tax (B) Exceptions Such term shall not include a tax unless it has substantial application, by its terms and in practice, to— (i) persons who are not dual capacity taxpayers, and (ii) persons who are citizens or residents of the foreign country or possession. (4) Large integrated oil company For purposes of this subsection, the term large integrated oil company (A) had gross receipts in excess of $1,000,000,000 for such taxable year, and (B) has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year. . (b) Effective date (1) In general The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. 4. Reinstitution of per country foreign tax credit (a) In general Subsection (a) of section 904 (a) Limitation The amount of the credit in respect of the tax paid or accrued to any foreign country or possession of the United States shall not exceed the same proportion of the tax against which such credit is taken which the taxpayer's taxable income from sources within such country or possession (but not in excess of the taxpayer's entire taxable income) bears to such taxpayer's entire taxable income for the same taxable year. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2015. 5. Treatment of foreign corporations managed and controlled in the United States as domestic corporations (a) In general Section 7701 (p) Certain corporations managed and controlled in the United States treated as domestic for income tax (1) In general Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if— (A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but (B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. (2) Corporation described (A) In general A corporation is described in this paragraph if— (i) the stock of such corporation is regularly traded on an established securities market, or (ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. (B) General exception A corporation shall not be treated as described in this paragraph if— (i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, (ii) such corporation— (I) is not regularly traded on an established securities market, and (II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and (iii) the Secretary grants a waiver to such corporation under this subparagraph. (3) Management and control (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. (B) Executive officers and senior management Such regulations shall provide that— (i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and (ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). (C) Corporations primarily holding investment assets Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if— (i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and (ii) decisions about how to invest the assets are made in the United States. . (b) Effective date The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act. 6. Restrictions on deduction for interest expense of members of financial reporting groups with excess domestic indebtedness (a) In general Section 163 (n) Restriction on deduction for interest expense of members of financial reporting groups with excess domestic indebtedness (1) In general In the case of any corporation which is a member of an applicable financial reporting group the common parent of which is a foreign corporation, the deduction allowed under this chapter for interest paid or accrued by the corporation during the taxable year shall not exceed the applicable limitation for the taxable year. (2) Carryforward Any amount disallowed under paragraph (1) for any taxable year shall be treated as interest paid or accrued in the succeeding taxable year. (3) Applicable limitation For purposes of this subsection— (A) In general The applicable limitation with respect to a taxpayer for any taxable year is the sum of— (i) the greater of— (I) the taxpayer’s allocable share of the applicable financial reporting group’s net interest expense for the taxable year, or (II) 10 percent of the taxpayer’s adjusted taxable income for the taxable year, plus (ii) the excess limitation carryforwards to the taxable year from any preceding taxable year. (B) Limitation not less than includible interest The applicable limitation under subparagraph (A) for any taxable year shall not be less than the amount of interest includible in the gross income of the taxpayer for the taxable year. (C) Excess limitation carryforward If the applicable limitation of a taxpayer for any taxable year (determined without regard to carryforwards under subparagraph (A)(ii)) exceeds the interest paid or accrued by the taxpayer during the taxable year, such excess shall be an excess limitation carryforward to the 1st succeeding taxable year and the 2nd and 3rd succeeding taxable years to the extent not previously taken into account under this paragraph. (4) Allocable share of net interest expense For purposes of this subsection— (A) In general A taxpayer’s allocable share of an applicable financial reporting group’s net interest expense for any taxable year shall be the amount (not less than zero) which bears the same ratio to such net interest expense as— (i) the net earnings of the taxpayer, bears to (ii) the aggregate net earnings of all members of the applicable financial reporting group. (B) Net earnings The term net earnings (i) computed without regard to any reduction allowable for— (I) net interest expense, (II) taxes, or (III) depreciation, amortization, or depletion, and (ii) computed with such other adjustments as the Secretary may by regulations prescribe. (C) Burden on taxpayer If a taxpayer elects not to compute its allocable share, or fails to establish to the satisfaction of the Secretary the amount of its allocable share, for any taxable year, the allocable share shall be zero. (5) Net interest expense and net earnings determinations For purposes of this subsection— (A) Net interest expense Any determination of net interest expense for any taxable year shall be made— (i) on the basis of the applicable financial statement of the applicable financial reporting group for the last financial reporting year ending with or within the taxable year, and (ii) under United States tax principles. (B) Net earnings Any determination of net earnings for any taxable year shall be made on the basis of the applicable financial statement of the applicable financial reporting group for the last financial reporting year ending with or within the taxable year. (C) Applicable financial statement The term applicable financial statement (i) generally accepted accounting principles, (ii) international financial reporting standards, or (iii) any other method specified by the Secretary in regulations. A statement under clause (ii) or (iii) may be used as an applicable financial statement by a group only if there is no statement of the group under any preceding clause. (6) Applicable financial reporting group For purposes of this subsection— (A) In general The term applicable financial reporting group (B) Exception for groups with minimal domestic net interest expense Such term shall not include a group if the aggregate net interest expense for which a deduction is allowable to all members of the group under this chapter (determined without regard to this subsection or any other limitation on deductibility of interest under this chapter) is less than $5,000,000. (C) Exception for certain financial entities A corporation which is described in section 864(f)(4)(B), or is treated as described in section 864(f)(4)(B) by reason of paragraph (4)(C) or (5)(A) of section 864(f) (without regard to whether an election is made under such paragraph (5)(A)), shall not be treated as a member of an applicable financial reporting group of which it is otherwise a member and this subsection shall not apply to such corporation. (7) Other definitions and rules For purposes of this subsection— (A) Adjusted taxable income The term adjusted taxable income (B) Net interest expense The term net interest expense (C) Treatment of affiliated group All members of the same affiliated group (within the meaning of section 1504(a)) shall be treated as 1 taxpayer. (8) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section, including regulations providing— (A) for the coordination of the application of this subsection and other provisions of this chapter relating to the deductibility of interest, (B) for the waiver of certain adjustments required under United States tax principles in appropriate cases for purposes of applying this subsection, (C) for the determination of which financial institutions are eligible for the exception from membership in an applicable financial reporting group under paragraph (6)(C) and the application of this subsection to the other members of the group which are not so excepted, and (D) for the application of this subsection in the case of pass thru entities and for the treatment of pass thru entities as corporations in cases where necessary to prevent the avoidance of the purposes of this subsection. . (b) Coordination with limitation on related party indebtedness Paragraph (2) of section 163(j) (D) Coordination with limitation on excess domestic indebtedness This subsection shall not apply to any corporation for any taxable year to which subsection (n) applies to such corporation. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2015. 7. Modifications to rules relating to inverted corporations (a) In general Subsection (b) of section 7874 (b) Inverted corporations treated as domestic corporations (1) In general Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if— (A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting 80 percent 60 percent (B) such corporation is an inverted domestic corporation. (2) Inverted domestic corporation For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes after May 8, 2014, the direct or indirect acquisition of— (i) substantially all of the properties held directly or indirectly by a domestic corporation, or (ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and (B) after the acquisition, more than 50 percent of the stock (by vote or value) of the entity is held— (i) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or (ii) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership. (3) Exception for corporations with substantial business activities in foreign country of organization A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term substantial business activities . (b) Conforming amendments (1) Clause (i) of section 7874(a)(2)(B) after March 4, 2003, after March 4, 2003, and before May 9, 2014, (2) Subsection (c) of section 7874 of such Code is amended— (A) in paragraph (2)— (i) by striking subsection (a)(2)(B)(ii) subsections (a)(2)(B)(ii) and (b)(2)(B) (ii) by inserting or (b)(2)(A) (a)(2)(B)(i) (B) in paragraph (3), by inserting or (b)(2)(B), as the case may be, (a)(2)(B)(ii) (C) in paragraph (5), by striking subsection (a)(2)(B)(ii) subsections (a)(2)(B)(ii) and (b)(2)(B) (D) in paragraph (6), by inserting or inverted domestic corporation, as the case may be, surrogate foreign corporation (c) Effective date The amendments made by this section shall apply to taxable years ending after May 8, 2014.

Corporate Tax Dodging Prevention Act

American Digital Security and Commerce Act of 2014 - Requires the Director of the Office of Management and Budget (OMB), in coordinating standards and guidelines under the National Institute of Standards and Technology Act with agencies and offices operating or exercising control of national security systems (including the National Security Agency [NSA]), to assure that such agencies or offices do not intentionally weaken, circumvent, undermine, or create any mechanism through which a federal agency may bypass the privacy, security, or encryption protections included in any standard or guideline. Prohibits agencies and offices that consult with the National Institute of Standards and Technology (NIST) on information security policies from undermining such protective mechanisms. Prohibits federal agencies from intercepting shipments of computer or electronic products for the purpose of intentionally introducing into the products a mechanism or device that would allow a federal agency to circumvent a product's privacy, security, or encryption protections. Bars elements of the intelligence community from requiring, or contracting with, a manufacturer or developer of such products to place such a mechanism or device into its products. Exempts from such mechanism placement prohibitions certain lawful surveillance activities pursuant to a court order under specified provisions of the federal criminal code or the Foreign Intelligence Surveillance Act of 1978 (except with respect to procedures for targeting persons outside the United States other than U.S. persons). Permits persons (including certain associations and corporations, but excluding foreign powers) who suffer an injury relating to a mechanism placed into product to bring a civil action against the United States to recover money damages.

113 S2500 IS: American Digital Security and Commerce Act of 2014 U.S. Senate 2014-06-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2500 IN THE SENATE OF THE UNITED STATES June 19, 2014 Mr. Walsh Committee on Commerce, Science, and Transportation A BILL To restrict the ability of the Federal Government to undermine privacy and encryption technology in commercial products and in NIST computer security and encryption standards. 1. Short title This Act may be cited as the American Digital Security and Commerce Act of 2014 2. Findings Congress makes the following findings: (1) The United States is the world leader in technology, encryption, and computer security. (2) The United States Government, through the expert work of the National Institute of Standards and Technology (referred to in this section as NIST (3) The United States Government should actively promote privacy and computer security. Allegations that entities within the United States Government seek to undermine the security of en­cryp­tion standards or commercial products weaken privacy and erode trust in the United States Government and in products from the United States. (4) The actions described in paragraph (3) may take a serious toll on the United States economy. The Information Technology and Innovation Foundation has predicted that United States companies may lose 10 percent of the cloud computing market to overseas competitors due to surveillance and security concerns, a loss that could amount to not less than $35,000,000,000 in lost sales by 2016. (5) The cryptographic expertise of NIST is recognized around the world, but widespread adoption of the robust encryption standards that NIST develops depends on trust. (6) To promote privacy protection and restore trust in the encryption standards of the United States and hardware and software from the United States, the United States Government should be prohibited from undermining the security of the United States technologies on which global commerce relies. 3. Federal information security management (a) Director of OMB requirement Section 3543(a)(3) (1) by striking assure, to the maximum extent feasible (A) to the maximum extent feasible, ; (2) by inserting and (3) by adding at the end the following: (B) that any agency or office described in subparagraph (A) does not intentionally weaken, circumvent, undermine, or create any mechanism through which any agency or office of the Federal Government may bypass, the privacy, security, or encryption protections included in any standard or guideline; . (b) Requirement for NIST consultees (1) In general Section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following: (e) Each agency or office that the Institute consults with under subsection (c)(1) may not intentionally weaken, circumvent, undermine, or create any mechanism through which any agency or office of the Federal Government may bypass, the privacy, security, or encryption protections included in any standard or guideline required under subsection (a) or (b). . (2) Technical and conforming amendments Section 22 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278h (A) in subsection (a)(2), by striking Computer System Security and Privacy Advisory Board under section 20(f) Information Security and Privacy Advisory Board under section 21 (B) in subsection (e)(1), by striking Computer System Security and Privacy Advisory Board Information Security and Privacy Advisory Board under section 21 4. Security of computer hardware, computer software, and electronic devices (a) Definitions In this section— (1) the terms agent of a foreign power foreign power 50 U.S.C. 1801 (2) the term covered person (A) means an individual, partnership, association, joint stock company, trust, or corporation; and (B) does not include a foreign power or an agent of a foreign power; (3) the term covered product (4) the term element of the intelligence community 50 U.S.C. 3003(4) (b) Security of covered products (1) Prohibitions (A) Prohibition on interception Except as provided in paragraph (2), an agency or department of the Federal Government may not intercept any shipment of covered products for the purpose of intentionally introducing into the covered products a mechanism or device that would allow an agency or department of the Federal Government to circumvent the privacy, security, or encryption protections of the covered products. (B) Prohibition on requiring or contracting for installation of devices Except as provided in paragraph (2), an element of the intelligence community may not require, or contract with, a manufacturer or developer of covered products to place a mechanism or device into a covered product that would allow any agency or department of the Federal Government to circumvent any privacy, security, or encryption protections of the covered product. (2) Exception for lawful surveillance activities under court order The prohibitions under paragraph (1) shall not apply to a lawful surveillance activity conducted pursuant to a court order issued under— (A) chapter 119, 121, or 206 of title 18, United States Code; or (B) the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. 50 U.S.C. 1881a (c) Enforcement (1) Authorization of civil action A covered person that suffers an injury proximately caused by a violation of subsection (b) may bring a civil action against the United States in a district court of the United States to recover money damages in accordance with paragraph (2) of this subsection. (2) Amount of damages A court, in awarding money damages to a covered person in a civil action brought under this subsection, shall award— (A) an amount that is the greater of— (i) the amount of actual damages; or (ii) $10,000; and (B) reasonable costs, including reasonable attorney's fees. (3) Exclusive remedy A civil action against the United States under this subsection shall be the exclusive remedy against the United States for a violation of subsection (b). (4) Reimbursement of award An agency or department of the United States, including an element of the intelligence community, shall deposit into the general fund of the Treasury of the United States an amount equal to any amount awarded under paragraph (2), for a violation of subsection (b) by the agency or department, out of any appropriation, fund, or other account (excluding any part of such appropriation, fund, or account that is available for the enforcement of any Federal law) that is available for the operating expenses of the agency or department. (5) Defense of good faith reliance The United States shall not be liable to a covered person in a civil action brought under this subsection based on any action taken by an individual acting on behalf of an agency or department of the United States, including an element of the intelligence community, if the individual acted in a good faith reliance on a court order, a grand jury subpoena, or a legislative authorization under— (A) chapter 119, 121, or 206 of title 18, United States Code; or (B) the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. 50 U.S.C. 1881a

American Digital Security and Commerce Act of 2014

Hospital Readmissions Program Accuracy and Accountability Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the Hospital Readmissions Reduction Program, to direct the Secretary of Health and Human Services (HHS), in determining a hospital's excess readmission ratio for purposes of making payments for discharges starting in FY2016, to risk adjust readmissions to account for patient socioeconomic status.

113 S2501 IS: Hospital Readmissions Program Accuracy and Accountability Act of 2014 U.S. Senate 2014-06-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2501 IN THE SENATE OF THE UNITED STATES June 19, 2014 Mr. Manchin Mr. Wicker Mr. Kirk Mr. Nelson Committee on Finance A BILL To amend title XVIII of the Social Security Act to make improvements to the Medicare hospital readmissions reduction program. 1. Short title This Act may be cited as the Hospital Readmissions Program Accuracy and Accountability Act of 2014 2. Findings Congress makes the following findings: (1) Eliminating avoidable hospital readmissions should be a core tenet of public and private efforts to improve quality of care and reduce health care expenditures. (2) Measures adopted by the Centers for Medicare & Medicaid Services should accurately reflect the quality of care provided by specific hospitals and providers, and such measures should never lower outcome or quality expectations for certain cohorts of hospitals and providers. (3) There are numerous socioeconomic conditions that impact health outcomes and the Medicare hospital readmission reduction program is one of many Federal outcome performance programs that fails to accurately adjust for these influences. (4) Holding all other factors constant, socioeconomic conditions, such as poverty, low levels of literacy, limited English proficiency, minimal social support, poor living conditions, and limited community resources, likely have direct and significant impacts on avoidable hospital readmissions. (5) The Medicare hospital readmission reduction program includes risk adjustment for clinical variables, such as comorbidity and severity of illness, because hospitals should not be penalized for the effects of these uncontrollable factors. Socioeconomic factors can influence readmissions to an equal or greater degree than these clinical factors and the Medicare hospital readmissions reduction program will more accurately measure quality of care once risk adjustment for socioeconomic status is implemented. (6) Research by the Medicare Payment Advisory Commission, the National Quality Forum, and other independent experts has provided compelling evidence that failing to adjust for socioeconomic status in the Medicare hospital readmission reduction program may provide an inaccurate picture of the quality of care provided by hospitals, and has led to the unfair penalization and stigmatization of hospitals serving low-income populations that are, in fact, delivering high-quality health care. (7) Risk adjustment for socioeconomic status in the Medicare hospital readmission reduction program will improve quality of care, increase accountability for all inpatient hospitals serving Medicare beneficiaries, and further reduce preventable readmissions nationwide. (8) The Secretary of Health and Human Services should consider the adoption of socioeconomic adjustment methodologies in other quality reporting and pay-for-performance programs under the Medicare program. 3. Improvements to the Medicare hospital readmissions reduction program Section 1886(q) of the Social Security Act ( 42 U.S.C. 1395ww(q) (1) in paragraph (4)(C)— (A) in clause (i), in the matter preceding subclause (I), by striking clause (ii) clauses (ii) and (iii) (B) by adding at the end the following new clause: (iii) Adjustment for socioeconomic status (I) In general In determining a hospital's excess readmission ratio under clause (i) for purposes of making payments for discharges occurring on or after October 1, 2016, the Secretary shall risk adjust readmissions to account for the socioeconomic status of the patients served by the hospital. (II) Socioeconomic status For purposes of subclause (I), subject to subclauses (III) and (V), the Secretary shall, to the maximum extent practicable, utilize the most recent data available from the Bureau of the Census in order to develop a quantitative method to adjust for socioeconomic status. In developing such quantitative method, the Secretary— (aa) shall, to the maximum extent practicable, use inputs that address at least one of the following factors— (AA) income; (BB) education level; and (CC) poverty rate; and (bb) may include inputs that address other socioeconomic and sociodemographic factors determined appropriate by the Secretary. (III) Revision of inputs The Secretary may revise the inputs for such quantitative method under subclause (II) on an annual basis to improve the accuracy and validity of the adjustment under subclause (I). (IV) Patients served by the hospital For purposes of subclause (I), the Secretary shall, to the maximum extent practicable, measure the socioeconomic status for all patients served by each hospital. The Secretary may supplement incomplete or inaccessible patient-level data with data related to the geographic region of the patients served by the hospital. (V) Use of alternative adjustment method (aa) In general For purposes of subclause (I), in the case of payments for discharges occurring on or after October 1, 2017, the Secretary may apply a socioeconomic status adjustment using a method other than the method described in subclause (II), such as peer groupings and stratification. (bb) Comparative analysis Prior to the application of the alternative adjustment method under item (aa), the Secretary shall conduct a comparative analysis of such alternative adjustment method and the method described in subclause (II). The Secretary shall publish the results of such comparative analysis and the proposed alternative adjustment method in the Federal Register and seek public comment on such method. (cc) Requirement The Secretary may not apply any alternative adjustment method under item (aa) unless the Secretary determines that such alternative method will demonstrate an aggregate improvement in the accuracy and effectiveness of hospital readmissions reduction program incentives and measurements compared to the adjustment required under subclause (I). ; (2) in paragraph (6)(A), by adding the following before the period at the end: , including information on the results of the readmission measures under this subsection (both before and after the adjustment under paragraph (4)(C)(iii)) and the penalties under this subsection (both before and after such adjustment) (3) by adding at the end the following new paragraph: (9) Adjustment The Secretary shall make proportional adjustments to base operating DRG payment amounts (as defined in paragraph (2)) of applicable hospitals to assure that the application of paragraph (4)(C)(iii) does not result in aggregate payments under this section in a fiscal year that are greater or less than those that would otherwise be made under this section in such fiscal year, as estimated by the Secretary. .

Hospital Readmissions Program Accuracy and Accountability Act of 2014

Global Development Lab Act of 2014 - Establishes in the U.S. Agency for International Development (USAID) the United States Global Development Lab whose responsibilities should include: increasing the application of science, technology, innovation and partnerships to develop and scale solutions to end extreme poverty; discovering, testing, and scaling development innovations to increase cost effectiveness and support U.S. foreign policy and development goals; leveraging the expertise and resources of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact; utilizing innovation-driven competitions to expand solutions to development challenges; and supporting USAID Missions and Bureaus in applying science, technology, innovation, and partnership approaches to decision making, procurement, and program design.

113 S2502 IS: Global Development Lab Act of 2014 U.S. Senate 2014-06-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2502 IN THE SENATE OF THE UNITED STATES June 19, 2014 Mr. Cardin Mr. Boozman Mr. Coons Mr. Isakson Mr. Kaine Committee on Foreign Relations A BILL To establish in the United States Agency for International Development an entity to be known as the United States Global Development Lab, and for other purposes. 1. Short title This Act may be cited as the Global Development Lab Act of 2014 2. Definitions In this Act: (1) Administrator The term Administrator (2) Lab The term Lab (3) USAID The term USAID 3. Findings Congress finds the following: (1) Leveraging academic research and private sector expertise to effectively apply science and technology to United States foreign aid can increase the effectiveness of United States aid dollars and lead to better outcomes. (2) In the last 20 years, human ingenuity and entrepreneurship around the world has reduced child mortality rates by 42 percent and poverty rates by 52 percent, lifting hundreds of millions of people out of poverty. (3) Over the next 40 years, the developing world is expected to be the largest source of product and services growth. Breakthroughs pioneered for the developing world can translate into jobs and economic growth in the United States. (4) In 2014 the Office of Science and Technology and the Office of Innovation and Development Alliances at the United States Agency for International Development were abolished to pave the way to bring their staffing and other resources into the United States Global Development Lab. (5) The Lab represents a new approach to invest, test, and apply more effective solutions to humanity’s greatest challenges. (6) The Lab will partner with entrepreneurs, experts, nongovernmental organizations, universities, and science and research institutions to solve development challenges in a faster, more cost-efficient, and more sustainable way. (7) The Lab will utilize a pay-for-success model, which uses science, technology, and innovation-driven competitions to expand the number and diversity of solutions to development challenges. (8) In contrast with traditional grants or contracts, where USAID pays for a proposal to be implemented, pay-for-success awards are given to a winner only after the objectives of the competition have been achieved. (9) Expanding pay-for-success authority to allow the Lab to use these awards globally will increase the number of high value solutions to choose from at a significantly reduced cost. 4. United States Global Development Lab (a) Establishment There is established in USAID an entity to be known as the United States Global Development Lab. (b) Duties and responsibilities The duties and responsibilities of the Lab should include— (1) increasing the application of science, technology, innovation, and partnerships to develop and scale new solutions to end extreme poverty; (2) discovering, testing, and scaling development innovations to solve development challenges to increase cost effectiveness and support United States foreign policy and development goals; (3) leveraging the expertise, resources, and investment of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact and sustainability; (4) utilizing innovation-driven competitions to expand the number and diversity of solutions to development challenges; and (5) supporting USAID missions and bureaus in applying science, technology, innovation, and partnership approaches to decisionmaking, procurement, and program design. (c) Authorities (1) In general In carrying out the duties and responsibilities of the Lab under subsection (b), the Administrator may, in addition to such other authorities as may be available to the Administrator— (A) use not more than $15,000,000 of funds appropriated or otherwise made available by an Act making appropriations for the Department of State, foreign operations, and related programs under the heading Development Assistance (B) make awards in accordance with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 (C) if the authority to appoint individuals on a limited term basis pursuant to schedule A or B of subpart C of part 213 of title 5, Code of Federal Regulations, is authorized for the Lab by the Office of Personnel Management, use funds appropriated to carry out part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for the employment of not more than 30 of such individuals. (2) Recovery of funds (A) In general In carrying out the duties and responsibilities of the Lab under subsection (b), the Administrator may provide that a cooperative agreement or other transaction for performance of basic, applied, or advanced research entered into between USAID and a person or other entity include a clause that requires the person or other entity to return to USAID program income generated under the agreement or other transaction. (B) Treatment of payments (i) In general The amount of any program income returned to USAID pursuant to subparagraph (A) shall be credited to the account from which the obligation and expenditure of funds under the cooperative agreement or other transaction described in subparagraph (A) was made. (ii) Availability (I) In general Except as provided in subclause (II), amounts returned and credited to an account under clause (i)— (aa) shall be merged with other funds in the account; and (bb) shall be available for the same purposes and period of time for which other funds in the account are available for programs and activities of the Lab. (II) Exception Amounts returned and credited to an account under clause (i) may not be used to pay for the employment of individuals described in paragraph (1)(C).

Global Development Lab Act of 2014

Bill Williams River Water Rights Settlement Act of 2014 - Authorizes, ratifies, and confirms the Big Sandy River-Planet Ranch Water Rights Settlement Agreement between the Hualapai Tribe, the Department of of the Interior, the Arizona Game and Fish Commission, the Arizona Department of Water Resources, and the Freeport Minerals Corporation. Authorizes, ratifies, and confirms the Hualapai Tribe Bill Williams River Water Rights Settlement Agreement between the Tribe, the United States as trustee for the Tribe, and Freeport Minerals Corporation. Directs the Secretary of Interior to execute both agreements. Sets forth provisions regarding the waiver, release, and retention of specified water rights claims.

113 S2503 IS: Bill Williams River Water Rights Settlement Act of 2014 U.S. Senate 2014-06-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2503 IN THE SENATE OF THE UNITED STATES June 19, 2014 Mr. Flake Mr. McCain Committee on Indian Affairs A BILL To direct the Secretary of the Interior to enter into the Big Sandy River-Planet Ranch Water Rights Settlement Agreement and the Hualapai Tribe Bill Williams River Water Rights Settlement Agreement, to provide for the lease of certain land located within Planet Ranch on the Bill Williams River in the State of Arizona to benefit the Lower Colorado River Multi-Species Conservation Program, and to provide for the settlement of specific water rights claims in the Bill Williams River watershed in the State of Arizona. 1. Short title This Act may be cited as the Bill Williams River Water Rights Settlement Act of 2014 2. Purposes The purposes of this Act are— (1) to achieve a fair, equitable, and final settlement of certain claims among certain parties to water rights in the Bill Williams River watershed in the State of Arizona for— (A) the Hualapai Tribe (acting on behalf of the Tribe and members of the Tribe); and (B) the Department of the Interior, including, and acting on behalf of, the constituent bureaus of the Department and, as specified, the United States as trustee for the Hualapai Tribe, the members of the Tribe, and the allottees; (2) to approve, ratify, and confirm— (A) the Big Sandy River-Planet Ranch Water Rights Settlement Agreement entered into among the Hualapai Tribe, the United States as trustee for the Tribe, the members of the Tribe and allottees, the Secretary of the Interior, the Arizona department of water resources, and others, to the extent the Big Sandy River-Planet Ranch Agreement is consistent with this Act; and (B) the Hualapai Tribe Big Sandy River-Planet Ranch Water Rights Settlement Agreement entered into among the Tribe, the United States, and the Freeport Minerals Corporation, to the extent the Hualapai Tribe Agreement is consistent with this Act; (3) to authorize and direct the Secretary— (A) to execute the duties and obligations of the Secretary under the Big Sandy River-Planet Ranch Agreement, the Hualapai Tribe Agreement, and this Act; (B) (i) to remove objections to the applications for the severance and transfer of certain water rights, in partial consideration of the agreement of the parties to impose certain limits on the extent of the use and transferability of the severed and transferred water right and other water rights; and (ii) to provide confirmation of those water rights; and (C) to carry out any other activity necessary to implement the Big Sandy River-Planet Ranch Agreement and the Hualapai Tribe Agreement in accordance with this Act; (4) to advance the purposes of the Lower Colorado River Multi-Species Conservation Program; (5) to secure a long-term lease for a portion of Planet Ranch, along with appurtenant water rights primarily along the Bill Williams River corridor, for use in the Conservation Program; (6) to bring the leased portion of Planet Ranch into public ownership for the long-term benefit of the Conservation Program; and (7) to secure from the Freeport Minerals Corporation non-Federal contributions— (A) to support a tribal water supply study necessary for the advancement of a settlement of the claims of the Tribe for rights to Colorado River water; and (B) to enable the Tribe to secure Colorado River water rights and appurtenant land, increase security of the water rights of the Tribe, and facilitate a settlement of the claims of the Tribe for rights to Colorado River water. 3. Definitions In this Act: (1) ADWR The term ADWR (2) Allotment The term allotment (A) was originally allotted to an individual Indian in the allotting document; (B) is located on land outside the boundaries of an Indian reservation within Mohave County, Arizona; and (C) as of the enforceability date, is held in trust by the United States for the benefit of an allottee. (3) Allottee The term allottee (4) Arizona Game and Fish Commission The term Arizona Game and Fish Commission (5) Bagdad Mine Complex and Bagdad Townsite The term Bagdad Mine Complex and Bagdad Townsite (6) Big Sandy River-Planet Ranch Agreement (A) In general The term Big Sandy River-Planet Ranch Agreement ______, 2014 (i) the Tribe; (ii) Department, including, and acting on behalf of, the constituent bureaus of the Department and, as specified, the United States as trustee for the Hualapai Tribe, the members of the Tribe, and the allottees; (iii) the Arizona Game and Fish Commission; (iv) ADWR; and (v) the Corporation. (B) Inclusions The term Big Sandy River-Planet Ranch Agreement (i) all exhibits to the agreement referred to in subparagraph (A); (ii) any amendments necessary to make the agreement consistent with this Act; and (iii) any other amendment approved by the parties to the agreement that are affected by the amendment (including the Secretary, acting on behalf of the United States). (7) Bill Williams River watershed The term Bill Williams River watershed (8) Conservation Program The term Conservation Program Lower Colorado River Multi-Species Conservation Program Public Law 111–11 (9) Corporation (A) In general The term Corporation (B) Inclusions The term Corporation (10) Department The term Department (11) Enforceability date The term enforceability date (12) Freeport Groundwater Wells (A) In general The term Freeport Groundwater Wells (i) 55–592824; (ii) 55–595808; (iii) 55–595810; (iv) 55–200964; and (v) 55–908273. (B) Inclusions The term Freeport Groundwater Wells (C) Exclusions The term Freeport Groundwater Wells (13) Hualapai Tribe Agreement (A) In general The term Hualapai Tribe Agreement ______, 2014 (i) the Tribe; (ii) the United States, as trustee for the Tribe, the members of the Tribe, and the allottees; and (iii) the Corporation. (B) Inclusions The term Hualapai Tribe Agreement (i) all exhibits to the agreement referred to in subparagraph (A); (ii) any amendments necessary to make the agreement consistent with this Act; and (iii) any other amendments approved by— (I) each party to the agreement that is affected by the amendment; and (II) the Secretary. (14) Hualapai Tribe Water Rights Settlement Agreement The term Hualapai Tribe Water Rights Settlement Agreement (15) Injury The term injury (16) Lincoln Ranch The term Lincoln Ranch (17) Parcel 1 The term Parcel 1 (A) is depicted as 3 contiguous allotments identified as 1A, 1B, and 1C on the map attached to the Big Sandy River-Planet Ranch Agreement as exhibit 2.10; and (B) is held in trust for certain allottees. (18) Parcel 2 The term Parcel 2 (A) is depicted on the map attached to the Big Sandy River-Planet Ranch Agreement as exhibit 2.10; and (B) is held in trust for certain allottees. (19) Parcel 3 The term Parcel 3 (A) is depicted on the map attached to the Big Sandy River-Planet Ranch Agreement as exhibit 2.10; (B) is held in trust for the Tribe; and (C) is part of the Hualapai Reservation pursuant to Executive Order 1368 of June 2, 1911. (20) Party The term party (A) the Big Sandy River-Planet Ranch Agreement; (B) the Hualapai Tribe Agreement; or (C) an exhibit to the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement. (21) Planet Ranch The term Planet Ranch (A) in the special warranty deed recorded on December 14, 2011, at Book 2011 and Page 05267 in the official records of La Paz County, Arizona; and (B) as Instrument No. 2011–062804 in the official records of Mohave County, Arizona. (22) Secretary The term Secretary (23) Sever and transfer applications The term sever and transfer applications (A) from Lincoln Ranch and from Planet Ranch to the Wikieup Wellfield for use at the Bagdad Mine Complex and Bagdad Townsite; and (B) from portions of Planet Ranch (as determined on the date on which the applications were filed or amended) to new locations within Planet Ranch. (24) Tribe The term Tribe 25 U.S.C. 476 Indian Reorganization Act (25) Water right The term water right (A) any right in or to groundwater, surface water, or effluent under Federal, State, or other law; and (B) for purposes of subsections (d) and (e) of section 5, any right to Colorado River water. (26) Wikieup Wellfield The term Wikieup Wellfield 4. Big Sandy River-Planet Ranch Agreement (a) In general Except to the extent that any provision of, or amendment to, the Big Sandy River-Planet Ranch Agreement conflicts with this Act— (1) the Big Sandy River-Planet Ranch Agreement is authorized, ratified, and confirmed; and (2) any amendment to the Big Sandy River-Planet Ranch Agreement executed to make the Big Sandy River-Planet Ranch Agreement consistent with this Act is authorized, ratified, and confirmed. (b) Execution To the extent that the Big Sandy River-Planet Ranch Agreement does not conflict with this Act, and in support of the purposes of this Act, the Secretary shall execute— (1) the Big Sandy River-Planet Ranch Agreement (including all exhibits to the Big Sandy River-Planet Ranch Agreement requiring the signature of the Secretary); (2) any amendment to the Big Sandy River-Planet Ranch Agreement (including any amendment to an exhibit of the Big Sandy River-Planet Ranch Agreement requiring the signature of the Secretary) that is necessary to make the Big Sandy River-Planet Ranch Agreement consistent with this Act; and (3) a conditional withdrawal of each objection filed by the Bureau of Indian Affairs, the Bureau of Land Management, and the United States Fish and Wildlife Service to the sever and transfer applications in the form set forth in exhibit 4.2.1(ii)(b) to the Big Sandy River-Planet Ranch Agreement. (c) Discretion of Secretary The Secretary may execute any other amendment to the Big Sandy River-Planet Ranch Agreement (including any amendment to an exhibit to the Big Sandy River-Planet Ranch Agreement requiring the signature of the Secretary) that is not inconsistent with this Act, if the amendment does not require approval by Congress. (d) Prohibition The Secretary shall not file an objection to any amendment to the sever and transfer applications or any new sever or transfer application filed by the Corporation to accomplish the sever and transfer of 10,055 acre-feet per year of water rights from Planet Ranch and Lincoln Ranch to the Wikieup Wellfield, subject to the condition that the form of such an amendment or new application shall be substantially similar to a form attached to the Big Sandy River-Planet Ranch Agreement as exhibit 4.2.1(ii)(a)(1) or 4.2.1(ii)(a)(2). 5. Hualapai Tribe Agreement (a) In general Except to the extent that any provision of, or amendment to, the Hualapai Tribe Agreement conflicts with this Act— (1) the Hualapai Tribe Agreement is authorized, ratified, and confirmed; and (2) any amendment to the Hualapai Tribe Agreement executed to make the Hualapai Tribe Agreement consistent with this Act is authorized, ratified, and confirmed. (b) Execution To the extent that the Hualapai Tribe Agreement does not conflict with this Act, and in support of the purposes of this Act, the Secretary shall execute— (1) the Hualapai Tribe Agreement (including all exhibits to the Hualapai Tribe Agreement requiring the signature of the Secretary); and (2) any amendment to the Hualapai Tribe Agreement (including any amendment to an exhibit of the Hualapai Tribe Agreement requiring the signature of the Secretary) that is necessary to make the Hualapai Tribe Agreement consistent with this Act. (c) Discretion of Secretary The Secretary may execute any other amendment to the Hualapai Tribe Agreement (including any amendment to an exhibit to the Hualapai Tribe Agreement requiring the signature of the Secretary) that is not inconsistent with this Act, if the amendment does not require approval by Congress. (d) Contribution of Corporation to economic development fund (1) In general The contribution of the Corporation to the economic development fund of the Tribe, as provided in section 8.1 of the Hualapai Tribe Agreement— (A) may be used by the Tribe for the limited purpose of enabling the Tribe— (i) to acquire Colorado River water rights with the intent to increase the security of the water rights of the Tribe; and (ii) to otherwise facilitate the use of water on the Hualapai Reservation; and (B) shall be considered to be a non-Federal contribution that counts toward any non-Federal contribution associated with a settlement of the claims of the Tribe for rights to Colorado River water. (2) Limitation on transfer of water rights The Colorado River water rights acquired by the Tribe may be used off the Hualapai Reservation only for irrigation of acquired appurtenant land, or for storage in accordance with Federal and State law in a permitted recharge facility in the State of Arizona, subject to the conditions that— (A) the Tribe shall not seek to transfer or sell accumulated long-term storage credits generated from the storage of the acquired Colorado River water rights; and (B) the Tribe shall not seek approval to change the place of use of the acquired Colorado River water rights, except for the purposes of storing the water in accordance with subparagraph (A). (3) Expiration The authority provided under paragraph (2) expires on the earlier of— (A) the date on which the Hualapai Tribe Water Rights Settlement Agreement becomes enforceable; and (B) December 31, 2039. (4) Colorado river water rights counted against claims of Tribe (A) In general If the Hualapai Tribe Water Rights Settlement Agreement does not become enforceable by December 31, 2039, any Colorado River water rights acquired by the Tribe with the contribution of the Corporation to the economic development fund of the Tribe shall be counted, on an acre-foot per acre-foot basis, toward the claims of the Tribe for rights to Colorado River water in any subsequent settlement or adjudication of those claims. (B) Effect of paragraph Nothing in this paragraph restricts any claim for rights of the Tribe to Colorado River water in any subsequent settlement or adjudication. (e) Future limitations on land taken into trust As provided in section 10.11 of the Hualapai Tribe Agreement, the parties to the Hualapai Tribe Agreement shall negotiate in good faith with other parties the terms under which any land within the State of Arizona held or acquired in fee by the Tribe may be taken into trust by the United States for the benefit of the Tribe, with any applicable terms to be incorporated into a future agreement settling the claims of the Tribe for rights to Colorado River water, and the Federal law approving the agreement, subject to approval by Congress. 6. Waivers, releases, and retention of claims (a) Claims by Department under Big Sandy River-Planet Ranch Agreement (1) In general Except as provided in paragraph (3), the Secretary is authorized to execute a waiver and release of all claims of the Department against the Corporation under Federal, State, or any other law for— (A) all past and present claims for injury to water rights resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells arising prior to the enforceability date; (B) all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells in a manner not in violation of the Big Sandy River-Planet Ranch Agreement; and (C) all past, present, and future claims arising out of, or relating in any manner to, the negotiation or execution of the Big Sandy River-Planet Ranch Agreement. (2) Effective date The waivers and releases of claims under paragraph (1) shall— (A) be in the form set forth in exhibit 7.2(ii) to the Big Sandy River-Planet Ranch Agreement; and (B) take effect on the enforceability date. (3) Retention of rights The Department shall retain all rights not expressly waived under paragraph (1), including the right— (A) to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch Agreement or this Act in any United States court or State court of competent jurisdiction; and (B) to assert any past, present, or future claim to a water right that is not inconsistent with the Big Sandy River-Planet Ranch Agreement or this Act. (b) Claims by Tribe and United States as trustee under Big Sandy River-Planet Ranch Agreement (1) In general Except as provided in paragraph (3), the Tribe and the United States, acting as trustee for the Tribe and members of the Tribe, are authorized to execute a waiver and release of all claims against the Corporation for— (A) any water rights of the Tribe or the United States as trustee for the Tribe and members of the Tribe with respect to Parcel 3 in excess of 300 acre-feet per year; (B) all past and present claims for injury to water rights arising before the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells; and (C) all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells in a manner not in violation of the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement. (2) Effective date The waivers and releases of claims under paragraph (1) shall— (A) be in the form set forth in exhibit 7.1(ii) to the Hualapai Tribe Agreement; and (B) take effect on the enforceability date. (3) Retention of rights The Tribe and the United States, acting as trustee for the Tribe and members of the Tribe, shall retain all rights not expressly waived under paragraph (1), including the right— (A) to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch Agreement or this Act in any United States court or State court of competent jurisdiction; and (B) to assert any past, present, or future claim to a water right that is not inconsistent with the Big Sandy River-Planet Ranch Agreement or this Act. (c) Claims by United States as trustee for allottees under Big Sandy River-Planet Ranch Agreement (1) In general Except as provided in paragraph (3), the United States, acting as trustee for the allottees, is authorized to execute a waiver and release of all claims against the Corporation for— (A) any water rights of the allottees or the United States as trustee for the allottees with respect to— (i) Parcel 1 in excess of 82 acre-feet per year; or (ii) Parcel 2 in excess of 312 acre-feet per year; (B) all past and present claims for injury to water rights arising before the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells; and (C) all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells in a manner not in violation of the Big Sandy River-Planet Ranch Agreement. (2) Effective date The waivers and releases of claims under paragraph (1) shall— (A) be in the form set forth in exhibit 7.1(ii) to the Hualapai Tribe Agreement; and (B) take effect on the enforceability date. (3) Retention of rights The United States, acting as trustee for the allottees, shall retain all rights not expressly waived under paragraph (1), including the right— (A) to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch Agreement or this Act in any United States court or State court of competent jurisdiction; and (B) to assert any past, present, or future claim to a water right that is not inconsistent with the Big Sandy River-Planet Ranch Agreement or this Act. (d) Claims by Tribe and United States as trustee under Hualapai Tribe Agreement (1) In general Except as provided in paragraph (3), the Tribe and the United States, acting as trustee for the Tribe, members of the Tribe, and the allottees, as part of the performance of obligations under the Hualapai Tribe Agreement, are authorized to execute a waiver and release of all claims that the Tribe or the United States as trustee for the Tribe, members of the Tribe, or the allottees may have against the Corporation under Federal, State, or any other law, for— (A) all past and present claims for injury to water rights resulting from the diversion of water by the Corporation from the Bill Williams River watershed arising prior to the enforceability date; (B) all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the Corporation from the Bill Williams River watershed in a manner not in violation of the Hualapai Tribe Agreement; and (C) all past, present, and future claims arising out of, or relating in any manner to, the negotiation or execution of the Hualapai Tribe Agreement. (2) Effective date The waivers and releases of claims under paragraph (1) shall— (A) be in the form set forth in exhibit 7.1(ii) to the Hualapai Tribe Agreement; and (B) take effect on the enforceability date. (3) Retention of rights The Tribe and the United States, acting as trustee for the Tribe, the members of the Tribe, and the allottees, shall retain all rights not expressly waived under paragraph (1), including the right to assert— (A) subject to paragraph 10.5 of the Hualapai Tribe Agreement, a claim for breach of, or to seek enforcement of, the Hualapai Tribe Agreement or this Act in any United States court or State court of competent jurisdiction; (B) any claim for injury to, or to seek enforcement of, the rights of the Tribe under any applicable judgment or decree approving or incorporating the Hualapai Tribe Agreement; and (C) any past, present, or future claim to water rights that is not inconsistent with the Hualapai Tribe Agreement or this Act. (e) Claims by Tribe against United States under Big Sandy River-Planet Ranch Agreement and Hualapai Tribe Agreement (1) In general Except as provided in paragraph (3), the Tribe, on behalf of the Tribe and the members of the Tribe, is authorized to execute a waiver and release of all claims against the Department and the agents and employees of the Department for— (A) all past, present, and future claims relating to injury to water rights associated with Parcel 3 in excess of 300 acre-feet per year that the Department, acting as trustee for the Tribe, asserted or could have asserted against any party to the Hualapai Tribe Agreement, including the Corporation; (B) all past and present claims relating to injury to water rights arising before the enforceability date associated with Parcel 3, including any injury from withdrawal of a protest to the sever and transfer applications; (C) all claims relating to injury to water rights arising after the enforceability date associated with Parcel 3, except for injury to the water right for 300 acre-feet per year associated with Parcel 3; and (D) all past, present, and future claims relating to any potential injury arising out of, or relating in any manner to, the negotiation or execution of the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement. (2) Effective date The waivers and releases of claims under paragraph (1) shall— (A) be in the form set forth in, as applicable— (i) exhibit 7.6(ii) to the Big Sandy River-Planet Ranch Agreement; or (ii) exhibit 7.3(ii) to the Hualapai Tribe Agreement; and (B) take effect on the enforceability date. (3) Retention of rights The Tribe shall retain all rights not expressly waived under paragraph (1), including the right— (A) to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch Agreement, the Hualapai Tribe Agreement, or this Act in any United States court or State court of competent jurisdiction; and (B) to assert any past, present, or future claim to a water right that is not inconsistent with the Big Sandy River-Planet Ranch Agreement, the Hualapai Tribe Agreement, or this Act. 7. Administration (a) Limited waiver of sovereign immunity (1) In general In the case of a civil action described in paragraph (2)— (A) the United States or the Tribe, or both, may be joined in a civil action commenced by any party to the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement; and (B) any claim by the United States or the Tribe to sovereign immunity from the civil action is waived for the sole purpose of resolving any issue regarding the interpretation or enforcement of, as applicable— (i) this Act; (ii) the Big Sandy River-Planet Ranch Agreement; or (iii) the Hualapai Tribe Agreement. (2) Description of civil action A civil action referred to in paragraph (1) is a civil action filed by any party in a United States court or State court that— (A) relates solely and directly to the interpretation or enforcement of this Act, the Big Sandy River-Planet Ranch Agreement, or the Hualapai Tribe Agreement; (B) does not seek any award against the United States or the Tribe for monetary damages, costs, or attorneys’ fees; and (C) names the United States or the Tribe as a party. (b) Antideficiency (1) In general Notwithstanding any authorization of appropriations to carry out this Act, the expenditure or advance of any funds, and the performance of any obligation by the Department in any capacity, pursuant to this Act shall be contingent on the appropriation of funds for that expenditure, advance, or performance. (2) Liability The Department shall not be liable for the failure to carry out any obligation or activity authorized by this Act if adequate appropriations are not provided to carry out this Act. (c) Public access Nothing in this Act prohibits reasonable public access to Planet Ranch or Lincoln Ranch in a manner that is consistent with all applicable Federal and State laws and any applicable conservation management plan implemented under the Conservation Program. 8. Environmental compliance (a) In general In implementing the Big Sandy River-Planet Ranch Agreement, the Hualapai Tribe Agreement, and this Act, the Secretary shall comply with all applicable Federal environmental laws (including regulations), including— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (b) Execution of agreements The execution by the Secretary of the Big Sandy River-Planet Ranch Agreement and the Hualapai Tribe Agreement in accordance with this Act shall not constitute a major Federal action for purposes of section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (c) United States enforcement authority Nothing in this Act, the Big Sandy River-Planet Ranch Agreement, or the Hualapai Tribe Agreement affects any right of the United States to take any action (including any environmental action) under any law (including regulations and common law) relating to human health, safety, or the environment. 9. Enforceability date (a) In general Except as provided in subsection (b), the enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) (A) to the extent that the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement conflict with this Act, the applicable agreement has been revised by amendment to eliminate the conflict; and (B) the Big Sandy River-Planet Ranch Agreement and the Hualapai Tribe Agreement have been executed by all parties to those agreements; (2) the Corporation has submitted to ADWR a conditional amendment of the sever and transfer applications for the Lincoln Ranch water right and amendments to the sever and transfer applications for Planet Ranch and Lincoln Ranch water rights consistent with section 4.2.1(ii)(a) of the Big Sandy River-Planet Ranch Agreement; (3) the Secretary and the Arizona Game and Fish Commission have executed and filed with ADWR a conditional withdrawal of each objection described in section 4(b)(3); (4) (A) ADWR has issued a conditional order approving the sever and transfer applications of the Corporation; and (B) all objections to the sever and transfer applications have been— (i) conditionally withdrawn; or (ii) resolved in a decision issued by ADWR that is final and nonappealable; (5) the Secretary has provided a notice to the parties to the Big Sandy River-Planet Ranch Agreement and the Hualapai Tribe Agreement that the Department has completed the legally required environmental compliance described in section 8; (6) the steering committee for the Conservation Program has approved and authorized the manager of the Conservation Program to execute the lease in the form as set forth in exhibit 2.33 to the Big Sandy River-Planet Ranch Agreement; and (7) the waivers and releases authorized by section 6 have been executed by the Tribe and the Secretary. (b) Ratification and execution of agreements Notwithstanding subsection (a), for purposes of sections 4, 5, and 8, the Secretary shall carry out the requirements of this Act as promptly as practicable after the date of enactment of this Act. (c) Failure of enforceability date To occur If the Secretary does not publish a statement of findings under subsection (a) by December 15, 2015, or an extended date agreed to by the Tribe, the Secretary, and the Corporation, after providing reasonable notice to the State of Arizona— (1) this Act is repealed effective beginning on the later of— (A) December 31, 2015; and (B) the date that is 14 days after the extended date agreed to by the Tribe, the Secretary, and the Corporation, after providing reasonable notice to the State of Arizona; (2) any action taken by the Secretary to carry out this Act shall cease, and any agreement executed pursuant to this Act, shall be void; and (3) the Tribe, members of the Tribe, the allottees, and the United States, acting as trustee for the Tribe, members of the Tribe, and the allottees, shall retain the right to assert past, present, and future claims to water rights and claims for injury to water rights in the Bill Williams River watershed.

Bill Williams River Water Rights Settlement Act of 2014

Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to convene a Pain Management Best Practices Inter-Agency Task Force. Reauthorizes the Harold Rogers Prescription Drug Monitoring Program through FY2019. Requires the Comptroller General (GAO) to report on the effectiveness of the program in reducing prescription drug abuse and any corresponding increase or decrease in the use of heroin. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize the Edward Byrne Memorial Justice Assistance Grant Program through FY2019. Requires the Director of the Office of National Drug Control Policy (ONDCP) to: revise the 2011 Prescription Drug Abuse Prevention Plan to reassess the approach to addressing prescription drug abuse in light of an increase in heroin use and to outline actions or programs to reduce and prevent such abuse, and ensure that ONDCP takes into account a specified GAO report concerning program coordination and identifies opportunities to enhance interagency coordination as part of the Plan. Requires the Secretary to advance the education and awareness of providers, patients, and stakeholders regarding the risk of abuse of prescription opioid drugs if such products are not taken as prescribed. Directs ONDCP to establish a national drug awareness campaign that: takes into account the association between prescription opioid abuse and heroin use, and emphasizes the similarities between heroin and prescription opioids and the effects of these on the human body.

113 S2504 IS: Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2014 U.S. Senate 2014-06-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2504 IN THE SENATE OF THE UNITED STATES June 19, 2014 Ms. Ayotte Mr. Donnelly Committee on Health, Education, Labor, and Pensions A BILL To address prescription opioid and heroin abuse. 1. Short title This Act may be cited as the Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2014 2. Findings (1) The Controlled Substances Act ( 21 U.S.C. 801 et seq. (2) Health care professionals, medical experts, researchers, and scientists have found pain to be a major national health problem. (3) The responsible treatment of pain is a high priority for our Nation and the needs of individuals with pain must be taken into careful consideration when taking steps to prevent prescription drug misuse and abuse. (4) When no longer needed or wanted for legitimate pain management or health treatment, prescription opioids are susceptible to diversion. Prescription opioids also may be abused by individuals who were not prescribed such drugs or misused by individuals not taking such drugs as directed. (5) Approximately 4 out of 5 new heroin users report that they became addicted to prescription opioids before they used heroin for the first time. (6) According to the National Institute on Drug Abuse, heroin attaches to the same brain cell receptors as prescription opioids. (7) The low cost and high purity of currently available heroin has contributed to an increase in heroin use. (8) More people are using heroin, and are using heroin at a younger age. The National Survey on Drug Use and Health reports that new heroin users numbered 142,000 in 2010, and increased to 178,000 in 2011. In 2011, the average age at first use among heroin abusers between 12 and 49 years was 22.1 years. In 2009, the average age at first use among heroin abusers between 12 and 49 years was 25.5 years. (9) According to the Department of Health and Human Services, heroin use rose 79 percent nationwide between 2007 and 2012. (10) Deaths from heroin overdose have significantly increased in communities across the United States. According to the Centers for Disease Control and Prevention, the number of deaths involving heroin increased by 110 percent from 2006 to 2011. From 2010 to 2011, the number of heroin deaths rose from 3,036 to 4,397. (11) The Edward Byrne Memorial Justice Assistance Grant Program is critical to fighting the prescription opioid abuse and heroin use epidemics, and should be reauthorized and fully funded. 3. Development of best prescribing practices (a) Inter-Agency task force Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary task force (b) Membership The task force shall be comprised of— (1) representatives of— (A) the Department of Health and Human Services; (B) the Department of Veterans Affairs; (C) the Department of Defense; (D) the Drug Enforcement Administration; and (E) the Institute of Medicine; (2) the Director of the National Institutes of Health; (3) physicians and non-physician prescribers; (4) pharmacists; (5) experts in the fields of pain research and addiction research; (6) representatives of— (A) pain management professional organizations; (B) the mental health treatment community; and (C) pain advocacy groups; and (7) other stakeholders, as the Secretary determines appropriate. (c) Duties The task force shall— (1) not later than 180 days after the date on which the task force is convened, develop best practices for pain management and prescription pain medication prescribing practices, taking into consideration— (A) existing pain management research; (B) recommendations from relevant conferences; and (C) ongoing efforts at the State and local levels and by medical professional organizations to develop improved pain management strategies; (2) solicit and take into consideration public comment on the practices developed under paragraph (1), amending such best practices if appropriate; and (3) develop a strategy for disseminating information about the best practices developed under paragraphs (1) and (2) to prescribers, pharmacists, State medical boards, and other parties, as the Secretary determines appropriate. (d) Limitation The task force shall not have rulemaking authority. (e) Report Not later than 270 days after the date on which the task force is convened under subsection (a), the task force shall submit to Congress a report that includes— (1) the strategy for disseminating best practices developed under subsection (c); (2) the results of a feasibility study on linking best practices developed under paragraphs (1) and (2) of subsection (c) to receiving and renewing registrations under section 303(f) of the Controlled Substances Act ( 21 U.S.C. 823(f) (3) recommendations on how to apply such best practices to improve prescribing practices at medical facilities of the Veterans Health Administration. 4. Harold Rogers Prescription Drug Monitoring Program (a) Authorization of appropriations To carry out the Harold Rogers Prescription Drug Monitoring Program established under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 ( Public Law 107–77 (b) GAO report Not later than October 1, 2016, the Comptroller General of the United States shall submit to Congress a report on the effectiveness of the Harold Rogers Prescription Drug Monitoring Program in reducing prescription drug abuse, and, to the extent practicable, any corresponding increase or decrease in the use of heroin. 5. Reauthorization of Byrne Justice Assistance Grant program Section 508 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3758 2006 through 2012 2015 through 2019 6. Office of National Drug Control Policy (a) Update of plan To account for increased heroin use Not later than 180 days after the date of enactment of this Act, the Director of the Office of National Drug Control Policy shall revise the 2011 Prescription Drug Abuse Prevention Plan to reassess the approach under such plan to addressing prescription drug abuse in light of an increase in heroin use, and to outline actions or programs that can be carried out to reduce and prevent such abuse. (b) GAO recommendations for inter-Agency coordination The Director shall ensure that the Office of National Drug Control Policy takes into account the report of the Government Accountability Office entitled Office of National Drug Control Policy: Office Could Better Identify Opportunities to Increase Program Coordination 7. Awareness campaigns (a) In general The Secretary of Health and Human Services shall advance the education and awareness of providers, patients, and other appropriate stakeholders regarding the risk of abuse of prescription opioid drugs if such products are not taken as prescribed. (b) Drug-Free media campaign (1) In general The Office of National Drug Control Policy, in coordination with the Secretary of Health and Human Services and the Attorney General, shall establish a national drug awareness campaign. (2) Requirements The national drug awareness campaign under paragraph (1) shall— (A) take into account the association between prescription opioid abuse and heroin use; and (B) emphasize the similarities between heroin and prescription opioids and the effects of heroin and prescription opioids on the human body. (3) Available funds Funds for the national drug awareness campaign may be derived from amounts appropriated to the Office of National Drug Control Policy and otherwise available for obligation and expenditure.

Heroin and Prescription Opioid Abuse Prevention, Education, and Enforcement Act of 2014

Correctly Recognizing Educational Achievements To Empower Graduates Act or the CREATE Graduates Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award competitive grants to states and, through them, subgrants to institutions of higher education (IHEs) or systems of higher education to: identify current or former students who have earned at least 60 postsecondary credit hours (or the state-required minimum for earning an associate's degree) at the IHE or at an IHE within the system but have not been issued a postsecondary degree by such IHE or an associate's or bachelor's degree elsewhere; perform a degree audit on each of those students to identify those who are eligible to obtain an associate's degree and those who are eligible to obtain such a degree upon the completion of 12 or fewer postsecondary credit hours (or the equivalent); provide outreach and award an associate's degree to each of those students identified as eligible to obtain an associate's degree unless the student declines the degree; and provide outreach to those students identified as eligible to obtain such a degree upon the completion of 12 or fewer postsecondary credit hours, including guidance on the steps they can take to attain such a degree. Allows states to use up to: (1) 15% of their grant for administrative purposes, including the purchase of the technology to carry out grant requirements; and (2) 5% of their grant to create articulation agreements between 2-year and 4-year IHEs to facilitate the transfer of students between such schools.

113 S2506 IS: CREATE Graduates Act U.S. Senate 2014-06-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2506 IN THE SENATE OF THE UNITED STATES June 19, 2014 Mrs. Hagan Mr. Harkin Committee on Health, Education, Labor, and Pensions A BILL To award grants to States to support efforts at institutions of higher education to increase degree attainment, and for other purposes. 1. Short title This Act may be cited as the Correctly Recognizing Educational Achievements To Empower Graduates Act CREATE Graduates Act 2. Create graduates Title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1133 et seq. C Create graduates 751. Purpose The purpose of this part is to award grants to States to support efforts at institutions of higher education or within systems of higher education to increase postsecondary degree attainment by— (1) locating, and conferring degrees to, students who have accumulated sufficient applicable postsecondary credits and maintained a sufficient grade point average to earn an associate's degree but did not receive one; (2) providing outreach to those students who are within 12 credits of earning an associate’s degree; and (3) establishing partnerships between 2-year and 4-year institutions of higher education in States, in order to strengthen the transition pathways into 4-year institutions of higher education for transfer students. 752. Grants to increase degree attainment (a) Definition of institution of higher education In this section, the term institution of higher education (b) Program authorized (1) In general From amounts appropriated under subsection (j), the Secretary shall award grants, on a competitive basis, to States to enable the States to carry out the activities described in subsections (e) and (f) in order to support efforts at institutions of higher education to increase degree attainment. (2) Partnerships allowed A State may apply for a grant under this section in partnership with a nonprofit organization. In any such partnership, the State higher education agency or other State agency described in subsection (c)(1) shall serve as the fiscal agent for purposes of the grant. (c) Submission and contents of application (1) In general The State, acting through the State higher education agency or other State agency determined appropriate by the Governor or chief executive officer of the State, shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents An application submitted under paragraph (1) shall include the following: (A) A description of the State’s capacity to administer the grant under this section and report annually to the Secretary on the progress of the activities and services described in subsection (e). (B) A description of how the State will meet the purposes of the grant program under this part through outreach and memoranda of understanding with institutions of higher education, including the State's plan for using grant funds to meet the requirements of subsections (e) and (g) and, if the State elects to use grant funds under such subsection to create strong articulation agreements, subsection (f)(2). (C) A description of how the State will coordinate with appropriate stakeholders, including institutions of higher education, data-sharing agencies within the State, and other States. (D) A description of— (i) the structure that the State has in place to administer the activities and services described in subsection (e), including— (I) the capacity of the State's longitudinal data system to— (aa) be clean of record duplication and ensure alignment of State and institutional credit completion records; (bb) include transfer flags and course and credit data to allow the State to run initial degree audits for institutions; (cc) include all postsecondary educational institutions in the State, including public, private nonprofit, and private for-profit institutions; and (dd) have in place mechanisms to share data across institutions, systems, and States; (II) the capacity of the agency governing the State's longitudinal system to respond to data requests accurately and in a timely manner; and (III) the State's plan to protect student privacy with respect to data in the State longitudinal data system and comply with section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act of 1974 (ii) the State's plan to develop such administrative capacity as part of the activities carried out under the grant. (d) Award basis and priority The Secretary shall award grants under this section to States based on the quality of the applications submitted under subsection (c). In awarding grants under this section, the Secretary shall give priority to applications from States— (1) that do not have, as of the time of the application, statewide policies or statewide initiatives in place to retroactively award associate's degrees to students; or (2) that have a commitment to initiatives regarding the retroactive awarding of associate's degrees that will continue after the period of the grant. (e) Mandatory use of funds (1) Subgrants A State that receives a grant under this section shall use not less than 80 percent of the grant funds provided to award subgrants, on a competitive basis, to institutions of higher education or systems of higher education. Each institution of higher education or system of higher education receiving a subgrant shall carry out all of the following activities and services, pursuant to the conditions under subsection (g): (A) Identify the group of current and former students at the institution of higher education, or at the institutions of higher education within the system of higher education, as the case may be, that, based on the data held by the institution or system, meet both of the following requirements: (i) Each individual has earned not less than 60 postsecondary credit hours (or the minimum required by the State to earn an associate’s degree) at the institution. (ii) Each individual has not had any postsecondary degree, of any kind, issued to the student by an institution of higher education. (B) Identify a subset of those current and former students described in subparagraph (A) who have not already earned an associate’s or bachelor’s degree elsewhere. (C) Perform a degree audit on each student remaining in the subset described in subparagraph (B), and identify each such student as one of the following: (i) Eligible to obtain an associate’s degree. (ii) Eligible to obtain an associate's degree upon the completion of 12 or fewer postsecondary credit hours (or the equivalent). (iii) Not eligible under either clause (i) or (ii). (D) Provide outreach to each student identified in subparagraph (C)(i), and award the earned associate's degree to such student, unless such student declines through a written or oral declaration. (E) Provide outreach to each student identified in subparagraph (C)(ii) that includes information regarding next steps toward degree attainment, including financial aid options. (2) Application process An institution of higher education or system of higher education desiring a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such information as the State may require. Such application shall include a written commitment from the institution or system that, if the institution or system receives a grant, the institution or system will carry out all of the activities described in paragraph (1). (3) Priority Each State awarding subgrants under this part shall give priority to applications from institutions of higher education or systems of higher education that— (A) have up-to-date degree audit software or systems; (B) use an opt-out, rather than an opt-in, policy to award associate’s degrees, if such policy is permissible under applicable accreditation or State standards; (C) waive nonacademic barriers to graduation, such as swimming tests, library fines, graduation fees, or parking tickets; (D) waive or amend residency and recency requirements to prevent earned credits from expiring, if such action is permissible under accreditation or State standards; (E) provide students with tuition waivers or prior learning assessments for those who need to earn remaining credits; and (F) agree that, after the conclusion of the activities described in paragraph (1) and continuing after the end of the grant period, the institution or system will— (i) conduct degree audits for all enrolled students once the students earn 45 credits; and (ii) provide information about graduation deadlines to remind students of relevant requirements at least 4 months before the students graduate and again 1 month before graduation. (f) Permissive use of funds A State receiving a grant under this section may use— (1) not more than 15 percent of the total amount received under this section for administrative purposes relating to the grant under this section, including technology needed to carry out the purposes of this part; and (2) not more than 5 percent of the total amount received under this section to create articulation agreements between 2-year and 4-year institutions of higher education, in order to enhance collaboration and strengthen the transition pathways between such institutions for transfer students. (g) Special conditions and prohibitions (1) Availability to students A State, institution of higher education, or system of higher education receiving a grant or subgrant, as the case may be, under this section shall not charge any student an additional fee or charge to participate in the activities or services supported under this section. (2) Prohibited uses A State, institution of higher education, or system of higher education receiving a grant or subgrant, as the case may be, under this section shall not use any grant or subgrant funds for tuition, fees, room and board, or any other purpose outside the goals of the grant. (3) FERPA requirements Each State, institution of higher education, or system of higher education receiving a grant or subgrant, respectively, under this section that enters into a contract or other agreement with any outside entity to assist in carrying out the activities or services under such grant or subgrant, shall ensure that the outside entity complies with all requirements of section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act of 1974 (4) Coordination A State receiving a grant under this section shall ensure the coordination of the activities and services carried out under this section with any other activities carried out in the State that are similar to the goals of this program, and with any other entities that support the existing activities in the State, with the goal of minimizing duplication. (h) Report (1) In general A State receiving a grant under this section shall prepare and submit an annual report to the Secretary on the activities and services carried out under this section, and on the implementation of such activities and services. The report shall include, for each institution of higher education or system of higher education receiving a subgrant, the following information: (A) The number of students who were first identified in the group described in subsection (e)(1)(A). (B) The number of students who were removed from such group because the students had received a degree elsewhere, in accordance with subsection (e)(1)(B). (C) The number of degree audits performed under subsection (e)(1)(C). (D) The number of students identified under subsection (e)(1)(C)(i) as eligible to obtain an associate's degree. (E) The number of students identified under subsection (e)(1)(C)(ii) as eligible to obtain an associate's degree upon the completion of 12 or fewer credits, in the aggregate and disaggregated by race, ethnicity, gender, and status as an individual with a disability. (F) The number of students identified under subsection (e)(1)(C)(iii) as ineligible to obtain an associate's degree and ineligible to obtain such a degree upon the completion of 12 or fewer credits. (G) The number of students awarded an associate’s degree under subsection (e)(1)(D). (H) The number of students identified in subsection (e)(1)(C)(ii) who are returning to an institution of higher education after receiving outreach described in subsection (e)(1)(E). (I) The average amount of credit hours previously earned by students described in subsection (e)(1)(C)(i) when the associate’s degrees are awarded. (J) The number of students who received outreach described in subsection (e)(1)(D) and who decline to receive the associate's degree. (K) The number of students who could not be located or reached as part of the process. (L) The reasons why students identified in subsection (e)(1)(C)(ii) did not return to an institution of higher education to receive a degree. (M) Details of any policy changes implemented as a result of implementing this program and conducting the required degree audits. (2) Disaggregation The report shall include the information described in subparagraphs (A) through (L) of paragraph (1) in the aggregate and disaggregated by age, gender, race or ethnicity, status as an individual with a disability, and socioeconomic status (including status as a Federal Pell grant recipient). (i) Enforcement provisions (1) Recovery or withholding The Secretary may, after notice and an opportunity for a hearing in accordance with chapter 5 of title 5, United States Code— (A) withhold funds provided under a grant or subgrant under this section if a State or institution of higher education is failing to comply substantially with the requirements of this section; or (B) take actions to recover funds provided under a grant or subgrant under this section, if the State or institution made an unallowable expense, or otherwise failed to discharge its responsibility to properly account for funds. (2) Use of recovered or unused funds Any funds recovered or withheld under paragraph (1) shall— (A) be credited to the appropriations account from which amounts are available to make grants or enter cooperative agreements under this section; and (B) remain available until expended for any purpose of that account authorized by law that relates to the program under this section. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each of the 2 subsequent fiscal years. .

CREATE Graduates Act

United States Cadet Nurse Corps Equity Act - Deems service of a person as a member of the United States Cadet Nurse Corps between July 1, 1943, and December 15, 1945 (qualified service) to be active military service for purposes of all laws administered by the Department of Veterans Affairs (VA). Requires: (1) the Secretary of Defense (DOD) to issue an honorable discharge to each person whose qualified service warrants one, and (2) the discharge to be issued within one year after enactment of this Act. Prohibits benefits from being paid to persons as a result of the enactment of this Act for any period before this Act's enactment date.

113 S2507 IS: United States Cadet Nurse Corps Equity Act U.S. Senate 2014-06-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2507 IN THE SENATE OF THE UNITED STATES June 19, 2014 Mr. Menendez Committee on Veterans' Affairs A BILL To provide that service of the members of the organization known as the United States Cadet Nurse Corps during World War II constituted active military service for purposes of laws administered by the Secretary of Veterans Affairs. 1. Short title This Act may be cited as the United States Cadet Nurse Corps Equity Act 2. Service deemed to be active military service (a) In general For purposes of section 401(a)(1)(A) of the GI Bill Improvement Act of 1977 ( 38 U.S.C. 106 (b) Determination of discharge status The Secretary of Defense shall issue an honorable discharge under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 to each person whose qualified service warrants an honorable discharge. Such discharge shall be issued before the end of the one-year period beginning on the date of the enactment of this Act. 3. Prohibition of retroactive benefits No benefits may be paid to any person as a result of the enactment of this Act for any period before the date of the enactment of this Act. 4. Definition For purposes of this Act, the term qualified service

United States Cadet Nurse Corps Equity Act

Energize Africa Act of 2014 - Title I: Policies to Improve Access to Power in Sub-Saharan Africa - (Sec. 103) Directs the President to establish: (1) a multiyear strategy to encourage the efforts of countries in sub-Saharan Africa to implement national power strategies and develop an appropriate mix of power solutions, including renewable energy, to provide access to reliable, affordable, and sustainable power in order to reduce poverty and drive economic growth; and (2) an African Power Advisory Group. Authorizes the President to establish an Interagency Working Group to coordinate the activities of relevant federal departments and agencies involved in carrying out the strategy. (Sec. 104) Expresses the sense of Congress that: as the United States deepens its engagement with countries in sub-Saharan Africa priority should be given to countries committed to specified activities in energy sector governance and management, and to private sector and investment climate reforms; and the United States should consider, in prioritizing efforts, U.S. government and private sector opportunities to contribute to those countries' energy sectors and facilitate regional power trade and access. (Sec. 105) Urges the U.S. Agency for International Development (USAID) to prioritize loan guarantees to local financial institutions in sub-Saharan Africa to: (1) facilitate their involvement in power projects and markets, and (2) fund plans to increase distribution coverage. (Sec. 106) Urges the Trade and Development Agency to prioritize: (1) promotion of U.S. private sector participation in energy sector development projects through project preparation activities; and (2) funding of such activities for sub-Saharan Africa projects involving increased access to power, including power generation and trade capacity building. (Sec. 107) Urges the Overseas Private Investment Corporation (OPIC) to prioritize support for private sector investments in the sub-Saharan Africa power sector, including renewable energy, that will maximize the number of people with new access to power services and expand power transmission and distribution. (Sec. 108) Urges the Secretary of the Treasury to direct the U.S. Executive Directors of the World Bank Group and the African Development Bank to use U.S. the voice, vote, and influence to help ensure the Banks prioritize sub-Sahara Africa power sector and electrification investments. (Sec. 109) Urges the United States African Development Foundation to seek opportunities to make grants and provide technical support to sub-Sahara Africa businesses and organizations that are developing on- and off-grid solutions to meet the power needs of underserved rural communities. (Sec. 110) Urges the Millennium Challenge Corporation to prioritize: (1) assistance to support private and public sector efforts to increase access to and the reliability of electricity in such countries, including through on- and off-grid generation and electrical transmission and distribution projects; and (2) engagement with governments of those countries to assist in establishing legal, regulatory, policy, and institutional reforms related to power sector investments. Title II: Overseas Private Investment Corporation - (Sec. 201) Amends the Foreign Assistance Act of 1961 to authorize OPIC to make direct loans and issue investment insurance and investment loan guarantees through September 30, 2019. (Sec. 202) Urges OPIC, with respect to sub-Saharan Africa, to: streamline the application, approval, and post-approval processes for insuring, financing, or investing in projects, including off-grid efforts, for which OPIC support is less than $20 million; and prioritize OPIC loan, guarantee, and insurance programs for power generation, distribution, and off-grid power and lighting. (Sec. 204) Requires OPIC to establish five-year pilot programs under which: certain foreign corporations, partnerships, or other associations that are substantially owned by U.S. citizens shall be eligible investors for receiving OPIC assistance for power projects in sub-Saharan Africa; and OPIC shall make loans to eligible investors for power projects for which OPIC support does not exceed $50 million, or issue local currency guarantees to African subsidiaries of foreign financial institutions to facilitate lending for power projects in sub-Saharan Africa. (Sec. 206) Authorizes OPIC to insure, guarantee, or reinsure an equity investment in a renewable energy project in sub-Saharan Africa for up to 30 years. (Sec. 207) Amends the Inspector General Act of 1978 to require OPIC to establish an Inspector General. (Sec. 208) Requires OPIC to conduct an annual customer satisfaction survey, with particular attention to OPIC customers that are small businesses and cooperatives. (Sec. 209) Authorizes OPIC to employ up to 20 individuals on a limited-appointment basis in support of power production and distribution efforts in sub-Saharan Africa. (Sec. 210)Expresses the sense of Congress that appropriations for certain OPIC administrative expenses and activities for FY2015-FY2019 should be adjusted to reflect the resources needed to carry out the purposes of this Act. (Sec. 211) Requires the OPIC Inspector General to report to Congress on the equity authority of OPIC to meet its statutory objectives effectively.

113 S2508 IS: Energize Africa Act of 2014 U.S. Senate 2014-06-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2508 IN THE SENATE OF THE UNITED STATES June 19, 2014 Mr. Menendez Mr. Corker Mr. Coons Mr. Isakson Mr. Markey Mr. Johanns Committee on Foreign Relations A BILL To establish a comprehensive United States Government policy to assist countries in sub-Saharan Africa to improve access to and the affordability, reliability, and sustainability of power, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Energize Africa Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Policies to improve access to power in sub-Saharan Africa Sec. 101. Purpose. Sec. 102. Statement of policy. Sec. 103. Development of comprehensive, multiyear strategy. Sec. 104. Sense of Congress on priorities with respect the energy sector of sub-Saharan African countries. Sec. 105. Prioritization of assistance for power projects in sub-Saharan Africa by the United States Agency for International Development. Sec. 106. Prioritization of assistance for power projects in sub-Saharan Africa by the Trade and Development Agency. Sec. 107. Prioritization of assistance for power projects in sub-Saharan Africa by the Overseas Private Investment Corporation. Sec. 108. Prioritization of assistance for power projects in sub-Saharan Africa by the World Bank Group and the African Development Bank. Sec. 109. Prioritization of assistance for power projects in sub-Saharan Africa by the United States African Development Foundation. Sec. 110. Progress report. TITLE II—Overseas Private Investment Corporation Sec. 201. Extension of issuing authority. Sec. 202. Expedited procedures for financing of small projects related to power generation and distribution in sub-Saharan Africa. Sec. 203. Activities in sub-Saharan Africa; investment advisory council. Sec. 204. Pilot program for expansion of eligible investors. Sec. 205. Pilot program for direct investment and local currency guaranties for power projects in sub-Saharan Africa. Sec. 206. Extension of maximum term of obligation for renewable energy projects in sub-Saharan Africa. Sec. 207. Inspector General. Sec. 208. Assessment of customer satisfaction. Sec. 209. Schedule B hiring authority. Sec. 210. Sense of Congress on funding. Sec. 211. Report on equity authority. 2. Findings Congress makes the following findings: (1) As of 2010, approximately 589,000,000 people in sub-Saharan Africa, or 68 percent of the population, did not have access to power. (2) Lack of access to power services disproportionally affects women, who often shoulder the burden of seeking sources of heat and light such as dung, wood, or charcoal and are often more exposed to the associated negative health effects. (3) Women and girls also face increased risks of assault from walking long distances to gather fuel sources. (4) Access to power creates opportunities for people to work their way out of poverty, including through entrepreneurship. (5) A lack of power contributes to the high use of inefficient and often highly polluting fuel sources for indoor cooking, heating, and lighting that produce toxic fumes resulting in more than 3,000,000 annual premature deaths from respiratory disease. (6) Reliable access to power is crucial for the storage of vaccines and antiretroviral and other lifesaving medical drugs, as well as for the operation of modern lifesaving medical equipment. (7) Access to power can be used to improve food security by enabling post-harvest processing, pumping, irrigation, dry grain storage, milling, and refrigeration, and for other uses. (8) Access to power can provide improved information and communication technologies that can greatly improve health and education outcomes as well as economic and commercial opportunities. (9) For the majority of people with access to power in sub-Saharan Africa, power services are highly unreliable and remain at least twice as expensive compared to other emerging regions. (10) According to Enterprise Surveys of the World Bank, power cuts in sub-Saharan Africa cost companies more than 10 percent of sales in certain countries. (11) The consumer base in sub-Saharan Africa of approximately 1,000,000,000 people is rapidly growing and will create increasing demand for United States goods, services, and technologies, but the current power deficit in sub-Saharan Africa limits that growth in demand by restricting economic growth on the continent of Africa. (12) Approximately 30 countries in sub-Saharan Africa face endemic power shortages, and nearly 70 percent of surveyed businesses in sub-Saharan Africa cite unreliable power as a major constraint to growth. (13) The work of the Millennium Challenge Corporation in the energy sector shows high projected economic rates of returns that translate to sustainable economic growth and the highest returns are projected when infrastructure improvements are coupled with significant legislative, policy, and regulatory reforms and institutional strengthening. (14) Sub-Saharan Africa has abundant renewable and fossil fuel resources with which to generate power. (15) In some countries in sub-Saharan Africa, weak governance capacity, undue regulatory barriers, and unnecessary legal constraints, as well as a lack of transparency and accountability, stifle the ability of public and private investment to assist in the generation and distribution of power. (16) Without new policies and more effective public and private investments in power sector enterprises to increase and expand access to power in sub-Saharan Africa, more than 70 percent of the rural population, and 48 percent of the total population, are likely to remain without access to power through at least 2030. (17) Consumers in sub-Saharan Africa spend billions of dollars annually on kerosene and other fuels for household needs, which can, for poor families, represent more than 15 percent of household income and can expose residents to significant fire and toxicity risks. (18) Kerosene lamps used in homes can cause fires and severe burn injuries and expose users to hazardous air pollutants in close quarters, and switching from fuel-based lighting to cheaper, cleaner systems would provide higher quality light with no negative health effects while achieving significant economic savings. (19) New technological advances in power generation coupled with more efficient appliances are resulting in robust, affordable, and non-polluting off-grid power solutions and entrepreneurs are developing new business models allowing off-grid households to finance systems over time, resulting in a rapidly growing off-grid power market. I Policies to improve access to power in sub-Saharan Africa 101. Purpose The purpose of this title is to assist countries in sub-Saharan Africa to improve access to affordable and reliable power in order to unlock the potential for economic growth and promote development, job creation, food security, improved health, educational, and environmental outcomes, and reduce poverty. 102. Statement of policy Congress declares that it is the policy of the United States to partner, consult, and coordinate with the governments of sub-Saharan African countries, international financial institutions, African regional economic communities, and the private sector, in a concerted effort to— (1) promote first-time access to power and power services for at least 50,000,000 people in sub-Saharan Africa by 2020 in both urban and rural areas; (2) encourage the installation of at least 20,000 additional megawatts of electrical power in sub-Saharan Africa by 2020 using a broad mix of energy options to help reduce poverty, promote sustainable development, and drive economic growth; (3) promote reliable, affordable, and sustainable power in urban areas (including small urban areas) to promote economic growth and job creation; (4) promote efficient institutional platforms and financing to provide electrical service to rural and underserved populations; (5) encourage the necessary in-country reforms to make such expansion of power access possible; (6) promote reforms of power production, delivery, and pricing, as well as regulatory reforms and transparency, to support long-term, market-based power generation and distribution; and (7) promote policies to displace kerosene lighting with other technologies. 103. Development of comprehensive, multiyear strategy (a) Strategy required (1) In general The President shall establish a comprehensive, integrated, multiyear strategy to assist countries in sub-Saharan Africa to implement national power strategies and develop an appropriate mix of power solutions, including renewable energy, to provide access to sufficient reliable, affordable, and sustainable power in order to reduce poverty and drive economic growth and job creation. (2) Flexibility and responsiveness The President shall ensure that the strategy required by paragraph (1) maintains sufficient flexibility for and remains responsive to technological innovation in the power sector. (b) Report required Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that contains the strategy required by subsection (a) and includes a discussion of the following elements: (1) The general and specific objectives of the strategy. (2) The criteria for determining the success of the strategy. (3) A description of the manner in which the strategy will support efforts of countries receiving assistance pursuant to the strategy to improve access to power using a broad mix of energy options and improve the affordability and reliability of power in sub-Saharan Africa. (4) A general description of regional and country plans and significant local efforts, as appropriate, in sub-Saharan Africa to— (A) increase power production; (B) strengthen electrical transmission and distribution infrastructure; (C) provide for regulatory reform and transparent and accountable governance and oversight; (D) improve the reliability of power; (E) maintain the affordability of power; (F) maximize the financial sustainability of the power sector; and (G) improve access to power. (5) A description of plans to support efforts of countries receiving assistance pursuant to the strategy to increase access to power in urban and rural areas, including a description of plans designed to address commercial, industrial, and residential needs. (6) A description of plans to support efforts of such countries to reduce waste and corruption and improve existing power generation through the use of a broad power mix, including fossil fuel and renewable energy, distributed generation models, and other technological innovations, as appropriate. (7) An analysis of existing mechanisms for ensuring, and recommendations to promote— (A) commercial cost recovery in countries receiving assistance pursuant to the strategy; (B) commercialization of electric service through distribution service providers to consumers; (C) improvements in revenue cycle management, power pricing, and fees assessed for service contracts and connections; (D) reductions in technical losses in the transmission systems and commercial losses resulting from inefficiencies, including inefficiencies in the billing and collection cycle, theft, and manipulation of meter reading and billing systems; and (E) access to power, including recommendations on the creation of new service provider models that mobilize community participation in the provision of power services. (8) A description of United States Government efforts to support the efforts of countries receiving assistance pursuant to the strategy to leverage private sector resources and public sector financing pursuant to the strategy. (9) A description of the reforms being undertaken or planned by countries in sub-Saharan Africa to ensure the long-term economic viability of power projects and to increase access to power, including— (A) reforms designed to allow third parties to connect power generation to the grid affordably, quickly, and without undue regulatory burdens; (B) policies to ensure there is a viable, adequately resourced, independent, and capable utility regulator; (C) strategies to ensure utilities become or remain creditworthy; (D) regulations that permit the participation of independent power producers and private-public partnerships; (E) policies that encourage private investment in power generation; (F) policies that ensure compensation for power provided to the electrical grid by on-site producers; (G) policies to unbundle power services; and (H) regulations to eliminate conflicts of interest in the utility sector. (10) A description of plans to ensure— (A) local consultation, as appropriate, in the planning, long-term maintenance, and management of investments designed to increase access to power in sub-Saharan Africa; and (B) that such investments are sustainable and transparent, including through the provision of technical assistance and training. (11) An identification of the relevant United States Government departments and agencies that will be involved in carrying out the strategy. (12) A description of the level and distribution of resources that will be dedicated on an annual basis among those departments and agencies. (13) A description of the role of each such department or agency and the types of programs that each such department or agency will conduct. (14) A description of the mechanisms that will be used to coordinate the efforts of United States Government departments and agencies in carrying out the strategy to avoid duplication of efforts, enhance coordination, and ensure that each such department or agency conducts programs primarily in the areas in which that department or agency has the greatest expertise, technical capabilities, and potential for success. (15) A description of the mechanisms to be established for— (A) monitoring and evaluating increased access to, and reliability and affordability of, power in sub-Saharan Africa for individuals, communities, and businesses; (B) maximizing the financial sustainability of power generation, transmission, and distribution in sub-Saharan Africa; (C) sharing best practices among relevant United States Government departments and agencies and with other countries and institutions participating in efforts to increase access to power in sub-Saharan Africa; (D) establishing metrics to demonstrate progress on meeting goals relating to access to power, power generation, and distribution in sub-Saharan Africa; and (E) terminating unsuccessful programs. (16) A description of the engagement plan for working with local communities benefitting from or affected by projects carried out pursuant to the strategy. (17) A description of the mechanisms that will be used to ensure greater coordination between the United States and foreign governments, international organizations, African regional economic communities, international financial institutions, international fora such as the G–8 and G–20, and private sector and civil society organizations. (18) An outline of how the President intends to partner with foreign governments, the World Bank Group, the African Development Bank, the private sector, and other development partners to assist sub-Saharan African countries to conduct project studies and facilitate project development. (19) A description of how the President intends to help facilitate transnational and regional electrification projects where appropriate. (20) A description of how the President intends to help sub-Saharan countries use new or potential fossil fuel and other resources in order to provide power to their citizens. (21) A description of how the President intends to promote trade in electrical equipment with countries in sub-Saharan Africa, including a description of how the government of each country receiving assistance pursuant to the strategy— (A) plans to lower or eliminate import tariffs or other taxes for energy and other power production and distribution technologies destined for sub-Saharan Africa, including equipment used to provide energy access, including solar lanterns, solar home systems, and micro and mini grids; and (B) plans to protect the intellectual property of companies designing and manufacturing products that can be used to provide energy access in sub-Saharan Africa. (22) A description of how the President intends to work with the African Development Bank and other partners to increase the capacity of sub-Saharan African utilities to— (A) develop standardized power purchase agreements and other contracts to streamline project development; and (B) negotiate and monitor compliance with power purchase agreements and other contracts entered into with the private sector. (23) A description of how the President intends to encourage the growth of distributed renewable energy markets in sub-Saharan Africa, including off-grid lighting and power, that includes— (A) a country-by-country analysis of the state of distributed renewable energy in sub-Saharan Africa, including off-grid lighting and power; (B) a description of market barriers to the deployment of distributed renewable energy technologies both on- and off-grid in sub-Saharan Africa; (C) measures United States Government departments and agencies, including the United States Agency for International Development and the Overseas Private Investment Corporation, can take— (i) to overcome or eliminate market barriers or enhance financing opportunities for distributed renewable energy solutions in sub-Saharan Africa; and (ii) to assist multilateral organizations such as the World Bank Group in efforts to eliminate such barriers or enhance such opportunities; (D) the amount and kind of financial support and financing provided to participants in distributed energy markets by the United States Government, international financial institutions, and other international organizations; (E) an analysis of the efficacy of efforts by the Overseas Private Investment Corporation and the United States Agency for International Development to facilitate the financing of the importation, distribution, sale, leasing, or marketing of distributed renewable energy technologies; and (F) a description of how bolstering distributed renewable energy can enhance the overall effort to increase power access in sub-Saharan Africa. (24) Any other issues the President determines are relevant to the strategy. (c) African power advisory group (1) Establishment For the purposes of developing the strategy required by subsection (a), the President shall establish an African Power Advisory Group to advise on the development and implementation of the strategy and report required by this section and assistance provided pursuant to this section. (2) Membership The African Power Advisory Group shall be composed of 12 members appointed by the President, including the following: (A) The Coordinator of the President’s Power Africa Initiative. (B) Seven individuals from the power sector, of whom— (i) at least one shall have experience in the fossil fuel power sector; (ii) at least one shall have experience with the rural electrical cooperatives; (iii) at least one shall have experience in the renewable energy sector; and (iv) at least one shall have experience in the distributed generation sector. (C) Three individuals, other than individuals described in subparagraph (B), who shall have experience in working with the business community in Africa or with governments of countries in Africa. (D) One individual who shall have experience with utility regulation. (3) Functions The President shall call upon members of the African Power Advisory Group, either collectively or individually, to advise the President regarding the development and implementation of the strategy and report required by this section and assistance provided pursuant to this section. (4) Meetings The African Power Advisory Group shall meet not later than 60 days after the date of the enactment of this Act and not less frequently than annually thereafter. (5) Federal advisory committee act The African Power Advisory Group established under this section shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). 104. Sense of Congress on priorities with respect the energy sector of sub-Saharan African countries It is the sense of Congress that— (1) as the United States deepens its engagement with countries in sub-Saharan Africa pursuant to the authorities provided under this Act, priority should be given to countries with a demonstrated commitment to— (A) transparency, accountability, and credibility in energy sector governance; (B) prudent macroeconomic management of energy resources, including sound fiscal and debt management; (C) energy sector reforms, including tariff reform, unbundling of vertically integrated utilities, and access for independent power producers; (D) responsible development of newly discovered energy resources; (E) expansion of power generation, transmission, and access, including distributed mini-grid and off-grid solutions; and (F) private sector and investment climate reforms, such as strong rule of law and robust controls over the business regulatory environment; and (2) the United States should consider, in prioritizing efforts carried out pursuant to this Act— (A) opportunities for the United States private sector to contribute to the energy sector in sub-Saharan African countries through technology, innovation, and project development; (B) the potential of such efforts to facilitate regional power trade and expand power access across borders; (C) private sector interest and participation in the energy sector of sub-Saharan African countries; (D) the long-term financial viability of energy sector projects in development; (E) opportunities to collaborate with international donors and partners in energy sector development involving multilateral institutions such as the World Bank Group and the African Development Bank; (F) the availability of United States Government resources and appropriate funds to support the expansion of technical assistance, delivery units, and transaction advisors and teams to implement United States Government programs to expand power access in sub-Saharan Africa; and (G) mechanisms to promote efficient and effective coordination among United States Government departments and agencies, including allocation of well-defined roles for each such department or agency. 105. Prioritization of assistance for power projects in sub-Saharan Africa by the United States Agency for International Development (a) Loan guarantees In pursuing the policy goals described in section 102, the Administrator of the United States Agency for International Development should prioritize loan guarantees to local financial institutions in sub-Saharan Africa, as appropriate, to— (1) facilitate the involvement of such institutions in power projects and markets, both on- and off-grid, in sub-Saharan Africa; (2) allow such institutions to partner with other investors to leverage expertise and increase the impact of such loan guarantees for energy access and power production projects in sub-Saharan Africa; (3) allow such institutions to partner with other investors to fund local research, development, and deployment of technology in order to specifically increase access to reliable, affordable, and sustainable power in sub-Saharan Africa; and (4) allow such institutions to fund the development of plans to increase distribution coverage, including off-grid projects and services in rural areas of sub-Saharan Africa. (b) Grants The Administrator shall prioritize assistance to— (1) support the implementation or development, as appropriate, of national, regional, and local energy and economically sustainable power policy plans in sub-Saharan Africa; (2) expand power access across sub-Saharan Africa, including specifically to the poorest populations and rural and isolated communities; (3) build the capacity of countries in sub-Saharan Africa to monitor and appropriately and transparently regulate the power sector and encourage private investment in power production and distribution; and (4) increase access to reliable, affordable, and sustainable power in sub-Saharan Africa, including the development of plans to increase power access in rural areas. (c) Effectiveness measurement In providing the loan guarantees and assistance prioritized pursuant to this section, the Administrator shall use clear, accountable, and metric-based targets to measure the effectiveness of such guarantees and assistance in achieving the goals described in section 102. (d) Rule of construction Nothing in this section shall be construed to authorize modifying or limiting the portfolio of the United States Agency for International Development in other developing regions. 106. Prioritization of assistance for power projects in sub-Saharan Africa by the Trade and Development Agency (a) In general The Director of the Trade and Development Agency should prioritize, as appropriate— (1) the promotion of United States private sector participation in energy sector development projects in sub-Saharan Africa by conducting project preparation activities for projects in sub-Saharan Africa, including feasibility studies, technical assistance, pilot projects, reverse trade missions, conferences, and workshops; and (2) the funding of project preparation activities for projects in sub-Saharan Africa that involve increased access to power, including power generation and trade capacity building. (b) Focus The project preparation activities described in subsection (a) should focus on supporting projects in sub-Saharan Africa that enhance efficiencies in the areas of power generation, transmission, and distribution grids, including on-grid, off-grid, and micro-grid solutions, and best practices in demand-side management. (c) Rule of construction Nothing in this section shall be construed to authorize modifying or limiting the portfolio of the Trade and Development Agency in other developing regions. 107. Prioritization of assistance for power projects in sub-Saharan Africa by the Overseas Private Investment Corporation (a) In general The Overseas Private Investment Corporation should, as appropriate— (1) prioritize support for private sector investments in the power sector of sub-Saharan Africa, including in renewable energy, that will— (A) maximize the number of people with new access to power and power services; (B) improve and expand the transmission and distribution of power and off-grid lighting and power solutions; (C) provide reliable power to people and businesses in urban and rural communities; (D) address the energy needs of people living in areas where there is little or no access to a power grid; (E) reduce transmission and distribution losses and improve end-use efficiency and demand-side management; and (F) reduce energy-related impediments to business productivity and investment; (2) 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 (3) encourage small- and medium-sized enterprises and cooperative service providers to participate in energy investment activities in sub-Saharan Africa; and (4) publish information on the effects of its energy investments on development in sub-Saharan Africa. (b) Rule of construction Nothing in this section shall be construed to authorize modifying or limiting the portfolio of the Overseas Private Investment Corporation in other developing regions. 108. Prioritization of assistance for power projects in sub-Saharan Africa by the World Bank Group and the African Development Bank (a) In general The Secretary of the Treasury should direct the United States Executive Directors of the World Bank Group and the African Development Bank to, as appropriate, use the voice, vote, and influence of the United States to help ensure the World Bank Group and the African Development Bank— (1) prioritize— (A) increasing their investment in, and efforts to promote investment in, well-designed power sector and electrification projects in sub-Saharan Africa; (B) creating financing opportunities, provide financing, and provide technical assistance to promote both on- and off-grid power and lighting solutions in sub-Saharan Africa; (C) stimulating private investment in reliable, affordable, and sustainable power in sub-Saharan Africa; and (D) providing technical assistance to the regulatory authorities of governments in sub-Saharan Africa to— (i) remove unnecessary regulatory and legal barriers to investment in commercially viable power projects and markets; (ii) modify regulatory and legal regimes to assist providers in reducing power transmission and distribution technical losses; (iii) implement cost-based power tariffs and provide for commercial cost recovery; (iv) encourage end-use efficiency and demand-side management in the power sector; (v) strengthen local power markets; (vi) reduce corruption in the power industry, including in government and regulatory processes associated with power production and distribution; (vii) encourage domestic investment in the power sector; (viii) improve transparency and good governance with respect to regulatory and legal processes and requirements in the power sector; (ix) encourage affordable and expedited interconnection for distributed energy systems and independent power producers; (x) ensure compliance with the best practices of the World Bank Group and the African Development Bank; and (xi) implement regulatory and legal reforms that facilitate efficient power generation, transmission, and distribution and efficient off-grid energy markets; (2) use clear, accountable, and metric-based targets to measure the effectiveness of investment and other assistance provided by the World Bank Group or the African Development Bank, as the case may be, for power sector and electrification projects in sub-Saharan Africa; and (3) support the efforts of the World Bank Group to foster growth in the off-grid lighting and power markets. (b) Rule of construction Nothing in this section shall be construed to authorize the Secretary of the Treasury to advocate for modifying or limiting the portfolio of the World Bank Group or the African Development Bank in other developing regions. 109. Prioritization of assistance for power projects in sub-Saharan Africa by the United States African Development Foundation (a) In general The Board of Directors and the President of the United States African Development Foundation should seek opportunities to make grants and provide technical support to businesses and organizations in sub-Saharan Africa that qualify for assistance from the Foundation and are developing on- and off-grid solutions to meet the power needs of rural communities underserved by national grids. (b) Focus The mission of the United States African Development Foundation under subsection (a) is to meet the needs of underserved communities and close critical development gaps with speed, efficiency, and effectiveness. 110. Progress report (a) In general Not later than 3 years after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on progress made toward achieving the policy goals described in section 102 that includes the following: (1) A report on United States programs supporting implementation of policy and legislative changes leading to increased power generation and access in sub-Saharan Africa, including a description of the number, type, and status of policy, regulatory, and legislative changes initiated or implemented as a result of programs funded or supported by the United States in countries in sub-Saharan Africa to support increased power generation and access after the date of the enactment of this Act. (2) A description of power projects receiving United States Government support and how such projects, including off-grid efforts, are intended to achieve the policy goals described in section 102. (3) For each project described in paragraph (2)— (A) a description of how the project fits into, or encourages modifications of, the national energy plan of the country in which the project will be carried out, including encouraging regulatory reform in that country; (B) an estimate of the total cost of the project to the consumer, the country in which the project will be carried out, and other investors; (C) the amount of financing provided or guaranteed by the United States Government for the project; (D) an estimate of United States Government resources for the project, itemized by funding source, including from the Overseas Private Investment Corporation, the United States Agency for International Development, the Department of the Treasury, or other appropriate United States Government departments and agencies; (E) an estimate of the number of individuals, communities, businesses, schools, and health facilities that have gained power connections as a result of the project, with a description of how the reliability, affordability, and sustainability of power has been improved as of the date of the report; and (F) an assessment of the increase in the number of people and businesses with access to power and in the operating electrical power capacity in megawatts as a result of the project between the date of the enactment of this Act and the date of the report. (4) A description of any significant estimated non-economic effects of the efforts carried out pursuant to this Act. II Overseas Private Investment Corporation 201. Extension of issuing authority Section 235(a)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2195(a)(2) 2007 2019 202. Expedited procedures for financing of small projects related to power generation and distribution in sub-Saharan Africa (a) In general Not later than 180 days after the date of the enactment of this Act, the Overseas Private Investment Corporation should, as appropriate, simplify and streamline the application, approval, and post-approval processes for insurance, financing, investment, or reinsurance for projects or subprojects, including off-grid efforts, in sub-Saharan Africa for which the total support of the Corporation is less than $20,000,000, by— (1) expediting the review and consideration of, and determinations with respect to, applications for insurance, financing, investment, or reinsurance, consistent with investment best practices, including appropriate risk management, for such projects and subprojects; and (2) reducing the burdens of project management for, and eliminating duplicative or unnecessary oversight of such projects and subprojects after approval of insurance, financing, investment, or reinsurance for projects or subprojects. (b) Consideration of best practices In revising its procedures as required by subsection (a), the Overseas Private Investment Corporation should consider best practices established by the International Finance Corporation of the World Bank Group. 203. Activities in sub-Saharan Africa; investment advisory council Section 233(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2193(e) (e) Activities in sub-Saharan Africa; investment advisory council (1) In general The Board should take prompt measures to prioritize, as appropriate, the loan, guarantee, and insurance programs, and financial commitments, of the Corporation in sub-Saharan Africa in the areas of power generation, distribution, and off-grid power and lighting, including through the use of an investment advisory council to assist the Board in developing and implementing policies, programs, and financial instruments with respect to sub-Saharan Africa. (2) Recommendations The investment advisory council described in paragraph (1) shall make recommendations to the Board on how the Corporation can facilitate greater support by the United States for private sector trade and investment with and in sub-Saharan Africa. (3) Termination The investment advisory council described in paragraph (1) shall terminate on December 31, 2018. (4) Applicability of federal advisory committee act The investment advisory council described in paragraph (1) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). . 204. Pilot program for expansion of eligible investors (a) In general The Overseas Private Investment Corporation shall conduct a pilot program under which entities that are covered by section 238(c)(3) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2198(c)(3) (b) Cap on assistance Assistance provided by the Corporation for a power project in sub-Saharan Africa pursuant to subsection (a) to an entity that is covered by section 238(c)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2198(c)(3)) and is substantially beneficially owned by United States citizens shall not exceed the lesser of— (1) the share of ownership in the entity of such United States citizens; or (2) the percentage of the investment of the entity in the project. (c) Termination of pilot program The pilot program under subsection (a) shall terminate on the date that is 5 years after the date of the enactment of this Act. (d) Continued validity of existing support Notwithstanding subsection (c), any support provided before the date that is 5 years after the date of the enactment of this Act pursuant to the pilot program under subsection (a) shall remain valid on and after that date. 205. Pilot program for direct investment and local currency guaranties for power projects in sub-Saharan Africa (a) In general The Overseas Private Investment Corporation shall conduct a pilot program to— (1) make loans to eligible investors under section 234(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2194(c)) for power projects in sub-Saharan Africa and for which the total support of the Corporation does not exceed $50,000,000; and (2) issue local currency guarantees under section 234(h) of the Foreign Assistance Act of 1961 (22 U.S.C. 2194(h)) to African subsidiaries of foreign financial institutions if the issuance of such guarantees directly facilitates lending for power projects in sub-Saharan Africa undertaken by eligible investors. (b) Eligible investor defined In this section, the term eligible investor (c) Termination of pilot program The pilot program under subsection (a) shall terminate on the date that is 5 years after the date of the enactment of this Act. (d) Continued validity of existing loans and guarantees Notwithstanding subsection (c), any loans made or local currency guarantees issued pursuant to the pilot program under subsection (a) before the date that is 5 years after the date of the enactment of this Act shall remain valid on and after that date. 206. Extension of maximum term of obligation for renewable energy projects in sub-Saharan Africa Section 237(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2197(e) (e) Maximum term of obligation (1) In general Except as provided in paragraph (2), no insurance, guaranty, or reinsurance of any equity investment shall extend beyond 20 years after the date of issuance. (2) Extended term of obligation for certain projects An insurance, guaranty, or reinsurance of an equity investment in a renewable energy project in sub-Saharan Africa may extend up to 30 years after the date of issuance. . 207. Inspector General (a) In general Section 8G(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (2), by inserting the Overseas Private Investment Corporation, the National Science Foundation, (2) in paragraph (4)— (A) in subparagraph (G), by striking ; and (B) in subparagraph (H), by inserting and (C) by adding at the end the following: (I) with respect to the Overseas Private Investment Corporation, such term means the Board of Directors of the Overseas Private Investment Corporation (established under section 233(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2193(b) . (b) Conforming amendment Section 239 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2199 208. Assessment of customer satisfaction Section 239 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2199 (l) Assessment of customer satisfaction (1) In general Each fiscal year, the Corporation shall conduct a survey of a sample of its customers to assess the satisfaction of those customers with the operation and procedures of the Corporation, with particular attention to customers of the Corporation that are small businesses and cooperatives. (2) Report to congress The Corporation shall include in its annual report required under section 240A a report on the survey conducted under paragraph (1) that includes, as appropriate, summaries of recommendations made by customers of the Corporation with respect to ways to improve the operations and procedures of the Corporation. . 209. Schedule B hiring authority In carrying out the purposes of this Act and its responsibilities under this Act, the Overseas Private Investment Corporation may, in addition to other authorities available, employ not more than 20 individuals, on a limited-appointment basis, pursuant to schedule B of subpart C of part 213 of title 5, Code of Federal Regulations, for the purpose of furthering specific efforts in sub-Saharan Africa with respect to power production and generation and distribution, including off-grid efforts. 210. Sense of Congress on funding It is the sense of Congress that appropriations for the administrative expenses and activities under section 234(g)(5) of the Foreign Assistance of 1961 (22 U.S.C. 2194(g)(5)) of the Corporation in each of the fiscal years 2015 through 2019 should be adjusted to reflect the resources needed to carry out the purposes of this Act, including enabling the Corporation to hire personnel and to upgrade systems infrastructure, as appropriate, to implement the purposes of this Act. 211. Report on equity authority Not later than one year after the date of the enactment of this Act, the Inspector General of the Overseas Private Investment Corporation (appointed pursuant to the amendments made by section 207) shall submit to Congress a report on the authorities of the Corporation to effectively meet its statutory objectives, including as modified by this Act, that includes an assessment of the following: (1) The effectiveness of the existing authorities of the Corporation in promoting investment in energy and infrastructure projects. (2) The effect granting the Corporation the authority to directly invest in projects would have on— (A) the ability of the Corporation to support development projects, including infrastructure and energy projects, that advance the foreign policy goals of the United States; (B) the risk profile of the Corporation; (C) the budget of the Corporation; (D) the success rate of projects, measured in terms of capacity to meet development goals and financial targets; (E) sectors or regions in which equity investment would be particularly beneficial or harmful to furthering the mission of the Corporation; and (F) the capability of the Corporation to meet its statutory objectives, including as modified by this Act, including whether granting such authority would limit the effectiveness of the Corporation in meeting its goals with respect to stimulating United States private sector investment in such projects, including investment by small- and medium-sized enterprises. (3) The effect of any other financing instruments that may be better suited to energy or infrastructure projects. (4) The competitiveness of financing provided by the Corporation relative to financing provided by development finance institutions of other major economies.

Energize Africa Act of 2014

Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 - Expresses the sense of Congress that the United States should set a strong example for other Convention on the Civil Aspects of International Child Abduction (Convention) countries in the resolution of cases involving children abducted abroad and brought to the United States. Directs the Secretary of State to submit to Congress an Annual Report on International Child Abduction. Directs the Secretary to: (1) ensure that U.S. diplomatic and consular missions maintain a consistent reporting standard for abduction or access cases, designate at least one official in each mission to assist visiting U.S. parents resolve such cases, and monitor abduction cases; and (2) implement strategic plans for engagement with any Convention or non-Convention country in which there are five or more cases of international child abduction. Directs the Secretary to enter into bilateral procedures, including memoranda of understanding, with non-Convention countries that are unlikely to become Convention countries in the foreseeable future, or with Convention countries that have unresolved abduction cases that occurred before the Convention entered into force with respect to the United States or that country. Directs the Secretary to notify the Member of Congress and Senators representing the legal residence of a left-behind parent when that parent reports an abduction to the Central Authority of the United States unless the left-behind parent does not consent to such notification. Directs the President, upon a determination that the government of a foreign country has failed to resolve an abduction or access case or has engaged in a pattern of noncooperation, to take one or more specified actions to promote resolution or cooperation. Amends the the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (DHS), through U.S. Customs and Border Protection (CBP), to establish a program that: (1) prevents a child from leaving U.S. territory if the child's parent or legal guardian presents a court order to a CBP officer in time to prevent such departure, and (2) leverages other existing authorities to address the wrongful removal and return of a child. Directs the Secretary to: convene and chair an interagency working group to prevent international parental child abduction, and provide training on the handling of parental abduction cases to the judicial and administrative authorities in countries that have a significant number of unresolved abduction cases or that have been designated as having a pattern of noncompliance.

113 S2509 IS: Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 U.S. Senate 2014-06-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2509 IN THE SENATE OF THE UNITED STATES June 19, 2014 Mr. Menendez Mr. Corker Mr. Markey Committee on Foreign Relations A BILL To ensure compliance with the 1980 Hague Convention on the Civil Aspects of International Child Abduction, to establish procedures for the prompt return of children abducted to other countries, and for other purposes. 1. Short title and table of contents (a) Short title This Act may be cited as the Sean and David Goldman International Child Abduction Prevention and Return 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. Sec. 2. Findings; sense of Congress; purposes. Sec. 3. Definitions. TITLE I—Department of State actions Sec. 101. Annual report. Sec. 102. Standards and assistance. Sec. 103. Bilateral procedures, including memoranda of understanding. Sec. 104. Report to congressional representatives. TITLE II—Actions by the Secretary of State Sec. 201. Response to international child abductions. Sec. 202. Actions by the Secretary of State in response to patterns of noncompliance in cases of international child abductions. Sec. 203. Consultations with foreign governments. Sec. 204. Waiver by the Secretary of State. Sec. 205. Termination of actions by the Secretary of State. TITLE III—Prevention of International Child Abduction Sec. 301. Preventing children from leaving the United States in violation of a court order. Sec. 302. Authorization for judicial training on international parental child abduction. 2. Findings; sense of Congress; purposes (a) Findings Congress finds the following: (1) Sean Goldman, a United States citizen and resident of New Jersey, was abducted from the United States in 2004 and separated from his father, David Goldman, who spent nearly 6 years battling for the return of his son from Brazil before Sean was finally returned to Mr. Goldman’s custody on December 24, 2009. (2) The Department of State’s Office of Children’s Issues, which serves as the Central Authority of the United States for the purposes of the 1980 Hague Convention on the Civil Aspects of International Child Abduction (referred to in this Act as the Hague Abduction Convention (3) For a variety of reasons reflecting the significant obstacles to the recovery of abducted children, as well as the legal and factual complexity involving such cases, not all cases are reported to the Central Authority of the United States. (4) More than 1,000 outgoing international child abductions are reported every year to the Central Authority of the United States, which depends solely on proactive reporting of abduction cases. (5) Only about one-half of the children abducted from the United States to countries with which the United States enjoys reciprocal obligations under the Hague Abduction Convention are returned to the United States. (6) The United States and other Convention countries have expressed their desire, through the Hague Abduction Convention, to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access. (7) Compliance by the United States and other Convention countries depends on the actions of their designated central authorities, the performance of their judicial systems as reflected in the legal process and decisions rendered to enforce or effectuate the Hague Abduction Convention, and the ability and willingness of their law enforcement authorities to ensure the swift enforcement of orders rendered pursuant to the Hague Abduction Convention. (8) According to data from the Department of State, approximately 40 percent of abduction cases involve children taken from the United States to countries with which the United States does not have reciprocal obligations under the Hague Abduction Convention or other arrangements relating to the resolution of abduction cases. (9) According to the Department of State’s April 2010 Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction, parental child abduction jeopardizes the child and has substantial long-term consequences for both the child and the left-behind parent. (10) Few left-behind parents have the extraordinary financial resources necessary— (A) to pursue individual civil or criminal remedies in both the United States and a foreign country, even if such remedies are available; or (B) to engage in repeated foreign travel to attempt to obtain the return of their children through diplomatic or other channels. (11) Military parents often face additional complications in resolving abduction cases because of the challenges presented by their military obligations. (12) In addition to using the Hague Abduction Convention to achieve the return of abducted children, the United States has an array of Federal, State, and local law enforcement, criminal justice, and judicial tools at its disposal to prevent international abductions. (13) Federal agencies tasked with preventing international abductions have indicated that the most effective way to stop international child abductions is while they are in progress, rather than after the child has been removed to a foreign destination. (14) Parental awareness of abductions in progress, rapid response by relevant law enforcement, and effective coordination among Federal, State, local, and international stakeholders are critical in preventing such abductions. (15) A more robust application of domestic tools, in cooperation with international law enforcement entities and appropriate application of the Hague Abduction Convention could— (A) discourage some parents from attempting abductions; (B) block attempted abductions at ports of exit; and (C) help achieve the return of more abducted children. (b) Sense of Congress It is the sense of Congress that the United States should set a strong example for other Convention countries in the timely location and prompt resolution of cases involving children abducted abroad and brought to the United States. (c) Purposes The purposes of this Act are— (1) to protect children whose habitual residence is the United States from wrongful abduction; (2) to assist left-behind parents in quickly resolving cases and maintaining safe and predictable contact with their child while an abduction case is pending; (3) to protect the custodial rights of parents, including military parents, by providing the parents, the judicial system, and law enforcement authorities with the information they need to prevent unlawful abduction before it occurs; (4) to enhance the prompt resolution of abduction and access cases; (5) to detail an appropriate set of actions to be undertaken by the Secretary of State to address persistent problems in the resolution of abduction cases; (6) to establish a program to prevent wrongful abductions; and (7) to increase interagency coordination in preventing international child abduction by convening a working group composed of presidentially appointed and Senate confirmed officials from the Department of State, the Department of Homeland Security, and the Department of Justice. 3. Definitions In this Act: (1) Abducted child The term abducted child (2) Abduction The term abduction (3) Abduction case The term abduction case (A) has been reported to the Central Authority of the United States by a left-behind parent for the resolution of an abduction; and (B) meets the criteria for an international child abduction under the Hague Abduction Convention, regardless of whether the country at issue is a Convention country. (4) Access case The term access case (5) Annual report The term Annual Report (6) Application The term application (A) in the case of a Convention country, the application required pursuant to article 8 of the Hague Abduction Convention; (B) in the case of a bilateral procedures country, the formal document required, pursuant to the provisions of the applicable arrangement, to request the return of an abducted child or to request rights of access, as applicable; and (C) in the case of a non-Convention country, the formal request by the Central Authority of the United States to the Central Authority of such country requesting the return of an abducted child or for rights of contact with an abducted child. (7) Appropriate congressional committees The term appropriate congressional committees Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (8) Bilateral procedures The term bilateral procedures (9) Bilateral procedures country The term bilateral procedures country (10) Central authority The term Central Authority (A) in the case of a Convention country, the meaning given such term in article 6 of the Hague Abduction Convention; (B) in the case of an MOU country, the official entity designated by the government of the MOU country within the applicable memorandum of understanding pursuant to section 103(b)(1) to discharge the duties imposed on the entity in such MOU; and (C) in the case of a non-Convention country, the foreign ministry or other appropriate authority of such country. (11) Child The term child (12) Convention country The term Convention country (13) Hague abduction convention The term Hague Abduction Convention (14) Interim contact The term interim contact (15) Left-behind parent The term left-behind parent (16) Non-convention country The term non-Convention country (17) Overseas military dependent child The term overseas military dependent child (18) Overseas military parent The term overseas military parent (A) has custodial rights with respect to a child; and (B) is serving outside the United States as a member of the United States Armed Forces. (19) Pattern of noncompliance (A) In general The term pattern of noncompliance (i) of a Convention country to implement and abide by provisions of the Hague Abduction Convention; (ii) of a non-Convention country to abide by bilateral procedures that have been established between the United States and such country; or (iii) of a non-Convention country to work with the Central Authority of the United States to resolve abduction cases. (B) Persistent failure Persistent failure under subparagraph (A) may be evidenced in a given country by the presence of 1 or more of the following criteria: (i) Thirty percent or more of the total abduction cases in such country are unresolved abduction cases. (ii) The Central Authority regularly fails to fulfill its responsibilities pursuant to— (I) the Hague Abduction Convention; or (II) any bilateral procedures between the United States and such country. (iii) The judicial or administrative branch, as applicable, of the national government of a Convention country or a bilateral procedures country fails to regularly implement and comply with the provisions of the Hague Abduction Convention or bilateral procedures, as applicable. (iv) Law enforcement authorities regularly fail to enforce return orders or determinations of rights of access rendered by the judicial or administrative authorities of the government of the country in abduction cases. (20) Rights of access The term rights of access (A) by operation of law; (B) through a judicial or administrative determination; or (C) through a legally enforceable arrangement between the parties. (21) Rights of custody The term rights of custody (A) attributed to an individual; and (B) arising— (i) by operation of law; (ii) through a judicial or administrative decision; or (iii) through a legally enforceable arrangement between the parties. (22) Rights of interim contact The term rights of interim contact (A) by operation of law; (B) through a judicial or administrative determination; or (C) through a legally enforceable arrangement between the parties. (23) Unresolved abduction case (A) In general Subject to subparagraph (B), the term unresolved abduction case (B) Resolution of case An abduction case shall be considered to be resolved if— (i) the child is returned to the country of habitual residence, pursuant to the Hague Abduction Convention or other appropriate bilateral procedures, if applicable; (ii) the judicial or administrative branch, as applicable, of the government of the country in which the child is located has implemented, and is complying with, the provisions of the Hague Abduction Convention or other bilateral procedures, as applicable; (iii) the left-behind parent reaches a voluntary arrangement with the other parent; (iv) the left-behind parent submits a written withdrawal of the application or the request for assistance to the Department of State; (v) the left-behind parent cannot be located for 1 year despite the documented efforts of the Department of State to locate the parent; or (vi) the child or left-behind parent is deceased. I Department of State actions 101. Annual report (a) In general Not later than April 30 of each year, the Secretary of State shall submit to the appropriate congressional committees an Annual Report on International Child Abduction. (b) Contents Each Annual Report shall include— (1) a list of all countries in which there were 1 or more abduction cases, during the preceding calendar year, relating to a child whose habitual residence is the United States, including a description of whether each such country— (A) is a Convention country; (B) is a bilateral procedures country; (C) has other procedures for resolving such abductions; or (D) adheres to no protocols with respect to child abduction; (2) for each country with respect to which there were 5 or more pending abduction cases, during the preceding year, relating to a child whose habitual residence is the United States— (A) the number of such new abduction and access cases reported during the preceding year; (B) for Convention and bilateral procedures countries— (i) the number of abduction and access cases that the Central Authority of the United States transmitted to the Central Authority of such country; and (ii) the number of abduction and access cases that were not submitted by the Central Authority to the judicial or administrative authority, as applicable, of such country; (C) the reason for the delay in submission of each case identified in subparagraph (B)(ii) by the Central Authority of such country to the judicial or administrative authority of that country; (D) the number of unresolved abduction and access cases, and the length of time each case has been pending; (E) the number and percentage of unresolved abduction cases in which law enforcement authorities have— (i) not located the abducted child; (ii) failed to undertake serious efforts to locate the abducted child; and (iii) failed to enforce a return order rendered by the judicial or administrative authorities of such country; (F) the total number and the percentage of the total number of abduction and access cases, respectively, resolved during the preceding year; (G) recommendations to improve the resolution of abduction and access cases; and (H) the average time it takes to locate a child; (3) the number of abducted children whose habitual residence is in the United States and who were returned to the United States from— (A) Convention countries; (B) bilateral procedures countries; (C) countries having other procedures for resolving such abductions; or (D) countries adhering to no protocols with respect to child abduction; (4) a list of Convention countries and bilateral procedures countries that have failed to comply with any of their obligations under the Hague Abduction Convention or bilateral procedures, as applicable, with respect to the resolution of abduction and access cases; (5) a list of countries demonstrating a pattern of noncompliance and a description of the criteria on which the determination of a pattern of noncompliance for each country is based; (6) information on efforts by the Secretary of State to encourage non-Convention countries— (A) to ratify or accede to the Hague Abduction Convention; (B) to enter into or implement other bilateral procedures, including memoranda of understanding, with the United States; and (C) to address pending abduction and access cases; (7) the number of cases resolved without abducted children being returned to the United States from Convention countries, bilateral procedures countries, or other non-Convention countries; (8) a list of countries that became Convention countries with respect to the United States during the preceding year; and (9) information about efforts to seek resolution of abduction cases of children whose habitual residence is in the United States and whose abduction occurred before the Hague Abduction Convention entered into force with respect to the United States. (c) Exceptions Unless a left-behind parent provides written permission to the Central Authority of the United States to include personally identifiable information about the parent or the child in the Annual Report, the Annual Report may not include any personally identifiable information about any such parent, child, or party to an abduction or access case involving such parent or child. (d) Additional sections Each Annual Report shall also include— (1) information on the number of unresolved abduction cases affecting military parents; (2) a description of the assistance offered to such military parents; (3) information on the use of airlines in abductions, voluntary airline practices to prevent abductions, and recommendations for best airline practices to prevent abductions; (4) information on actions taken by the Central Authority of the United States to train domestic judges in the application of the Hague Abduction Convention; and (5) information on actions taken by the Central Authority of the United States to train United States Armed Forces legal assistance personnel, military chaplains, and military family support center personnel about— (A) abductions; (B) the risk of loss of contact with children; and (C) the legal means available to resolve such cases. (e) Repeal of the Hague Abduction Convention Compliance Report Section 2803 of the Foreign Affairs Reform and Restructuring Act of 1998 ( 42 U.S.C. 11611 (f) Notification to Congress on countries in noncompliance (1) In general The Secretary of State shall include, in a separate section of the Annual Report, the Secretary’s determination, pursuant to the provisions under section 202(b), of whether each country listed in the report has engaged in a pattern of noncompliance in cases of child abduction during the preceding 12 months. (2) Contents The section described in paragraph (1)— (A) shall identify any action or actions described in section 202(d) (or commensurate action as provided in section 202(e)) that have been taken by the Secretary with respect to each country; (B) shall describe the basis for the Secretary’s determination of the pattern of noncompliance by each country; (C) shall indicate whether all noneconomic policy options designed to resolve the pattern of noncompliance have reasonably been exhausted, including the consultations required under section 203. 102. Standards and assistance The Secretary of State shall— (1) ensure that United States diplomatic and consular missions abroad— (A) maintain a consistent reporting standard with respect to abduction and access cases; (B) designate at least 1 senior official in each such mission, at the discretion of the Chief of Mission, to assist left-behind parents from the United States who are visiting such country or otherwise seeking to resolve abduction or access cases; and (C) monitor developments in abduction and access cases; and (2) develop and implement written strategic plans for engagement with any Convention or non-Convention country in which there are 5 or more cases of international child abduction. 103. Bilateral procedures, including memoranda of understanding (a) Development (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall initiate a process to develop and enter into appropriate bilateral procedures, including memoranda of understanding, as appropriate, with non-Convention countries that are unlikely to become Convention countries in the foreseeable future, or with Convention countries that have unresolved abduction cases that occurred before the Hague Abduction Convention entered into force with respect to the United States or that country. (2) Prioritization In carrying out paragraph (1), the Secretary of State shall give priority to countries with significant abduction cases and related issues. (b) Elements The bilateral procedures described in subsection (a) shall include provisions requiring— (1) the identification of— (A) the Central Authority; (B) the judicial or administrative authority that will promptly adjudicate abduction and access cases; (C) the law enforcement agencies; and (D) the implementation of procedures to ensure the immediate enforcement of an order issued by the authority identified pursuant to subparagraph (B) to return an abducted child to a left-behind parent, including by— (i) conducting an investigation to ascertain the location of the abducted child; (ii) providing protection to the abducted child after such child is located; and (iii) retrieving the abducted child and making the appropriate arrangements for such child to be returned to the child’s country of habitual residence; (2) the implementation of a protocol to effectuate the return of an abducted child identified in an abduction case not later than 6 weeks after the application with respect to the abduction case has been submitted to the judicial or administrative authority, as applicable, of the country in which the abducted child is located; (3) the implementation of a protocol for the establishment and protection of the rights of interim contact during pendency of abduction cases; and (4) the implementation of a protocol to establish periodic visits between a United States embassy or consular official and an abducted child, in order to allow the official to ascertain the child’s location and welfare. 104. Report to congressional representatives (a) Notification The Secretary of State shall submit written notification to the Member of Congress and Senators, or Resident Commissioner or Delegate, as appropriate, representing the legal residence of a left-behind parent if such parent— (1) reports an abduction to the Central Authority of the United States; and (2) consents to such notification. (b) Timing At the request of any person who is a left-behind parent, including a left-behind parent who previously reported an abduction to the Central Authority of the United States before the date of the enactment of this Act, the notification required under subsection (a) shall be provided as soon as is practicable. II Actions by the Secretary of State 201. Response to international child abductions (a) United States policy It is the policy of the United States— (1) to promote the best interest of children wrongfully abducted from the United States by— (A) establishing legal rights and procedures for their prompt return; and (B) ensuring the enforcement of reciprocal international obligations under the Hague Abduction Convention or other bilateral procedures, as applicable; (2) to promote the timely resolution of abduction cases through 1 or more of the actions described in section 202; and (3) to ensure appropriate coordination within the Federal Government and between Federal, State, and local agencies involved in abduction prevention, investigation, and resolution. (b) Actions by the Secretary of State in response to unresolved cases (1) Determination of action by the secretary of state For each abduction or access case relating to a child whose habitual residence is in the United States that remains pending or is otherwise unresolved on the date that is 12 months after the date on which the Central Authority of the United States submits such case to a foreign country, the Secretary of State shall determine whether the government of such foreign country has failed to take appropriate steps to resolve the case. If the Secretary of State determines that such failure occurred, the Secretary should, as expeditiously as practicable— (A) take 1 or more of the actions described in subsections (d) and (e) of section 202; and (B) direct the Chief of Mission in that foreign country to directly address the resolution of the case with senior officials in the foreign government. (2) Authority for delay of action by the secretary of state The Secretary of State may delay any action described in paragraph (1) if the Secretary determines that an additional period of time, not to exceed 1 year, will substantially assist in resolving the case. (3) Report If the Secretary of State delays any action pursuant to paragraph (2) or decides not to take an action described in subsection (d) or (e) of section 202 after making the determination described in paragraph (1), the Secretary, not later than 15 days after such delay or decision, provide a report to the appropriate congressional committees that details the reasons for delaying action or not taking action, as appropriate. (4) Congressional briefings At the request of the appropriate congressional committees, the Secretary of State shall provide a detailed briefing, including a written report, if requested, on actions taken to resolve a case or the cause for delay. (c) Implementation (1) In general In carrying out subsection (b), the Secretary of State should— (A) take 1 or more actions that most appropriately respond to the nature and severity of the governmental failure to resolve the unresolved abduction case; and (B) seek, to the fullest extent possible— (i) to initially respond by communicating with the Central Authority of the country; and (ii) if clause (i) is unsuccessful, to target subsequent actions— (I) as narrowly as practicable, with respect to the agencies or instrumentalities of the foreign government that are responsible for such failures; and (II) in ways that respect the separation of powers and independence of the judiciary of the country, as applicable. (2) Guidelines for actions by the secretary of state In addition to the guidelines under paragraph (1), the Secretary of State, in determining whether to take 1 or more actions under paragraphs (5) through (7) of section 202(d) or section 202(e), shall seek to minimize any adverse impact on— (A) the population of the country whose government is targeted by the action or actions; (B) the humanitarian activities of United States and nongovernmental organizations in the country; and (C) the national security interests of the United States. 202. Actions by the Secretary of State in response to patterns of noncompliance in cases of international child abductions (a) Response to a pattern of noncompliance It is the policy of the United States— (1) to oppose institutional or other systemic failures of foreign governments to fulfill their obligations pursuant to the Hague Abduction Convention or bilateral procedures, as applicable, to resolve abduction and access cases; (2) to promote reciprocity pursuant to, and in compliance with, the Hague Abduction Convention or bilateral procedures, as appropriate; and (3) to directly engage with senior foreign government officials to most effectively address patterns of noncompliance. (b) Determination of countries with patterns of noncompliance in cases of international child abduction (1) Annual review Not later than April 30 of each year, the Secretary of State shall— (A) review the status of abduction and access cases in each foreign country in order to determine whether the government of such country has engaged in a pattern of noncompliance during the preceding 12 months; and (B) report such determination pursuant to section 101(f). (2) Determinations of responsible parties The Secretary of State shall seek to determine the agencies or instrumentalities of the government of each country determined to have engaged in a pattern of noncompliance under paragraph (1)(A) that are responsible for such pattern of noncompliance— (A) to appropriately target actions in response to such noncompliance; and (B) to engage with senior foreign government officials to effectively address such noncompliance. (c) Actions by the Secretary of State with respect to a country with a pattern of noncompliance (1) In general Not later than 90 days (or 180 days in case of a delay under paragraph (2)) after a country is determined to have been engaged in a pattern of noncompliance under subsection (b)(1)(A), the Secretary of State shall— (A) take 1 or more of the actions described in subsection (d); (B) direct the Chief of Mission in that country to directly address the systemic problems that led to such determination; and (C) inform senior officials in the foreign government of the potential repercussions related to such designation. (2) Authority for delay of actions by the secretary of state The Secretary shall not be required to take action under paragraph (1) until the expiration of a single, additional period of up to 90 days if, on or before the date on which the Secretary of State is required to take such action, the Secretary determines and certifies to the appropriate congressional committees that such additional period is necessary— (A) for a continuation of negotiations that have been commenced with the government of a country described in paragraph (1) in order to bring about a cessation of the pattern of noncompliance by such country; (B) for a review of corrective action taken by a country after the designation of such country as being engaged in a pattern of noncompliance under subsection (b)(1)(A); or (C) in anticipation that corrective action will be taken by such country during such 90-day period. (3) Exception for additional action by the secretary of state The Secretary of State shall not be required to take additional action under paragraph (1) with respect to a country determined to have been engaged in a persistent pattern of noncompliance if the Secretary— (A) has taken action pursuant to paragraph (5), (6), or (7) of subsection (d) with respect to such country in the preceding year and such action continues to be in effect; (B) exercises the waiver under section 204 and briefs the appropriate congressional committees; or (C) submits a report to the appropriate congressional committees that— (i) indicates that such country is subject to multiple, broad-based sanctions; and (ii) describes how such sanctions satisfy the requirements under this subsection. (4) Report to congress Not later than 90 days after the submission of the Annual Report, the Secretary shall submit a report to Congress on the specific actions taken against countries determined to have been engaged in a pattern of noncompliance under this section. (d) Description of actions by the Secretary of State in Hague Abduction Convention countries Except as provided in subsection (f), the actions by the Secretary of State referred to in this subsection are— (1) a demarche; (2) an official public statement detailing unresolved cases; (3) a public condemnation; (4) a delay or cancellation of 1 or more bilateral working, official, or state visits; (5) the withdrawal, limitation, or suspension of United States development assistance in accordance with section 116 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n (6) the withdrawal, limitation, or suspension of United States security assistance in accordance with section 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304 (7) the withdrawal, limitation, or suspension of assistance to the central government of a country pursuant to chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the Economic Support Fund). (e) Commensurate action (1) In general Except as provided in subsection (f), the Secretary of State may substitute any other action authorized by law for any action described in subsection (d) if the Secretary determines that such action— (A) is commensurate in effect to the action substituted; and (B) would substantially further the purposes of this Act. (2) Notification If commensurate action is taken pursuant to this subsection, the Secretary shall submit a report to the appropriate congressional committees that— (A) describes such action; (B) explains the reasons for taking such action; and (C) specifically describes the basis for the Secretary’s determination under paragraph (1) that such action— (i) is commensurate with the action substituted; and (ii) substantially furthers the purposes of this Act. (f) Resolution The Secretary of State shall seek to take all appropriate actions authorized by law to resolve the unresolved case or to obtain the cessation of such pattern of noncompliance, as applicable. (g) Humanitarian exception Any action taken pursuant to subsection (d) or (e) may not prohibit or restrict the provision of medicine, medical equipment or supplies, food, or other life-saving humanitarian assistance. 203. Consultations with foreign governments As soon as practicable after the Secretary of State makes a determination under section 201 in response to a failure to resolve unresolved abduction cases or the Secretary takes an action under subsection (d) or (e) of section 202, based on a pattern of noncompliance, the Secretary shall request consultations with the government of such country regarding the situation giving rise to such determination. 204. Waiver by the Secretary of State (a) In general Subject to subsection (b), the Secretary of State may waive the application of any of the actions described in subsections (d) and (e) of section 202 with respect to a country if the Secretary determines and notifies the appropriate congressional committees that— (1) the government of such country— (A) has satisfactorily resolved the abduction cases giving rise to the application of any of such actions; or (B) has ended such country’s pattern of noncompliance; or (2) the national security interest of the United States requires the exercise of such waiver authority. (b) Congressional notification Not later than the date on which the Secretary of State exercises the waiver authority under subsection (a), the Secretary shall— (1) notify the appropriate congressional committees of such waiver; and (2) provide such committees with a detailed justification for such waiver, including an explanation of the steps the noncompliant government has taken— (A) to resolve abductions cases; or (B) to end its pattern of noncompliance. (c) Publication in Federal Register Subject to subsection (d), the Secretary of State shall ensure that each waiver determination under this section— (1) is published in the Federal Register; or (2) is posted on the Department of State website. (d) Limited disclosure of information The Secretary of State may limit the publication of information under subsection (c) in the same manner and to the same extent as the President may limit the publication of findings and determinations described in section 654(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2414(c) 205. Termination of actions by the Secretary of State Any specific action taken under this Act or any amendment made by this Act with respect to a foreign country shall terminate on the date on which the Secretary of State submits a written certification to Congress that the government of such country— (1) has resolved any unresolved abduction case that gave rise to such specific action; or (2) has taken substantial and verifiable steps to correct such country’s persistent pattern of noncompliance that gave rise to such specific action, as applicable. III Prevention of International Child Abduction 301. Preventing children from leaving the United States in violation of a court order (a) In general Subtitle C of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 231 et seq. 433. Prevention of international child abduction (a) Program established The Secretary, through the Commissioner of U.S. Customs and Border Protection (referred to in this section as CBP (1) seeks to prevent a child (as defined in section 1204(b)(1) (2) leverages other existing authorities and processes to address the wrongful removal and return of a child. (b) Interagency coordination (1) In general The Secretary of State shall convene and chair an interagency working group to prevent international parental child abduction. The group shall be composed of presidentially appointed, Senate confirmed officials from— (A) the Department of State; (B) the Department of Homeland Security, including U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; and (C) the Department of Justice, including the Federal Bureau of Investigation. (2) Department of defense The Secretary of Defense shall designate an official within the Department of Defense— (A) to coordinate with the Department of State on international child abduction issues; and (B) to oversee activities designed to prevent or resolve international child abduction cases relating to active duty military service members. . (b) Clerical amendment The table of contents of the Homeland Security Act of 2002 ( 6 U.S.C. 101 Sec. 433. Prevention of international child abduction. . 302. Authorization for judicial training on international parental child abduction (a) In general The Secretary of State, subject to the availability of appropriations, shall seek to provide training, directly or through another government agency or nongovernmental organizations, on the effective handling of parental abduction cases to the judicial and administrative authorities in countries— (1) in which a significant number of unresolved abduction cases are pending; or (2) that have been designated as having a pattern of noncompliance under section 202(b). (b) Strategy requirement Not later than 180 days after the date of the enactment of this Act, the President shall submit a strategy to carry out the activities described in subsection (a) to— (1) the Committee on Foreign Relations of the Senate (2) the Committee on Foreign Affairs of the House of Representatives (3) the Committee on Appropriations of the Senate (4) the Committee on Appropriations of the House of Representatives (c) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary of State $5,000,000 for each of the fiscal years 2015 and 2016 to carry out subsection (a). (2) Use of funds Amounts appropriated for the activities set forth in subsection (a) shall be used pursuant to the authorization and requirements under this section.

Sean and David Goldman International Child Abduction Prevention and Return Act of 2014

Phantom Fuel Reform Act  - Amends the Clean Air Act to revise the renewable fuel program by requiring the Administrator of the Energy Information Administration, in estimating the projected volume of cellulosic biofuel to be sold or introduced into commerce in the next year, to determine for each facility producing such biofuel during the current year: (1) the average monthly volume of biofuel produced by such facility based on the actual volume produced through October 31, and (2) the estimated annualized volume of biofuel production for such facility for the current year based on such average monthly production. Requires the estimate of cellulosic biofuel projected to be sold or introduced into commerce in the following year to equal the total of the estimated annual volumes of cellulosic biofuel production for all such facilities. Requires (currently, authorizes) the Administrator, in any year in which the Administrator reduces the applicable volume of cellulosic biofuel required in gasoline, to also reduce the applicable volume of renewable fuel and advanced biofuels required by the same (currently, by the same or a lesser) volume.

114 S934 IS: Phantom Fuel Reform Act U.S. Senate 2015-04-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 114th CONGRESS 1st Session S. 934 IN THE SENATE OF THE UNITED STATES April 14, 2015 Mr. Flake Mr. Crapo Committee on Environment and Public Works A BILL To amend the renewable fuel program under section 211(o) of the Clean Air Act to require the cellulosic biofuel requirement to be based on actual production, and for other purposes. 1. Short title This Act may be cited as the Phantom Fuel Reform Act 2. Cellulosic biofuel requirement (a) Provision of estimate of volumes of cellulosic biofuel Section 211(o)(3)(A) of the Clean Air Act ( 42 U.S.C. 7545(o)(3)(A) (1) by striking Not later than (i) In general Not later than ; and (2) by adding at the end the following: (ii) Estimation method (I) In general In determining any estimate under clause (i), with respect to the following calendar year, of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), the Administrator of the Energy Information Administration shall— (aa) for each cellulosic biofuel production facility that is producing (and continues to produce) cellulosic biofuel during the period of January 1 through October 31 of the calendar year in which the estimate is made (in this clause referred to as the current calendar year (AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during such period; and (BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year; and (bb) for each cellulosic biofuel production facility that begins initial production of (and continues to produce) cellulosic biofuel after January 1 of the current calendar year— (AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during the period beginning on the date of initial production of cellulosic biofuel by the facility and ending on October 31 of the current calendar year; and (BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year. (II) Total production An estimate under clause (i) with respect to the following calendar year of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), shall be equal to the total of the estimated annual volumes of cellulosic biofuel production for all cellulosic biofuel production facilities described in subclause (I) for the current calendar year. . (b) Reduction in applicable volume Section 211(o)(7)(D)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(7)(D)(i) (1) in the first sentence, by striking based on the using the exact (2) in the second sentence— (A) by striking may shall (B) by striking same or a lesser volume same volume (c) Definition of cellulosic biofuel Section 211(o)(1)(E) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(E) (1) by striking The term (i) In general The term ; and (2) by adding at the end the following: (ii) Exclusions The term cellulosic biofuel (I) a landfill; (II) a municipal wastewater treatment facility digester; (III) an agricultural digester; or (IV) a separated municipal solid waste digester. . (d) Regulation of cellulosic and advanced fuel pathways (1) In general Those provisions of the final rule of the Administrator of the Environmental Protection Agency entitled Regulation of Fuels and Fuel Additives: RFS Pathways II, and Technical Amendments to the RFS Standards and E15 Misfueling Mitigation Requirements 42 U.S.C. 7545(o) (2) Reissuance The Administrator of the Environmental Protection Agency shall reissue the rule described in paragraph (1) to conform the rule to the amendments made by subsection (c). (e) Cellulosic biofuel mandate In section 211(o)(2)(B)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(2)(B)(i)

Phantom Fuel Reform Act

Guantanamo Bay Detainee Transfer Suspension Act of 2014 - Prohibits the obligation or expenditure of funds to transfer or release any covered detainee at the U.S. Naval Station Guantanamo Bay, Cuba (Guantanamo) to the custody or control of such individual's country of origin, any other foreign country, or any other foreign entity until the earlier of 90 days after the submittal to Congress of a report required by this Act or 180 days after this Act's enactment, except pursuant to an order issued by a court or competent tribunal of the United States having lawful jurisdiction. Makes a U.S. officer or employee liable in his or her individual capacity for a civil penalty of $10,000 for each covered detainee transferred or released in violation of such prohibition. Prohibits the U.S. government from providing representation to, or retaining or reimbursing private counsel for the representation of, such officer or employee. Authorizes a person to bring a civil action for a violation of such prohibition in the name of the government, subject to specified requirements. Requires the Secretary to submit a report regarding the risk that the five detainees transferred from Guantanamo to Qatar on May 31, 2014, would reengage in terrorist activity after transfer. Prohibits the transfer or release of a covered detainee from Guantanamo to a foreign country without the President's express written authorization. Defines a "covered detainee" as Khalid Sheikh Mohammed or any other detainee who: (1) is not a U.S. citizen or a member of the U.S. Armed Forces; (2) is or was held on January 20, 2009, at Guantanamo by the Department of Defense (DOD); and (3) is held as of the date of enactment of this Act at Guantanamo Bay, Cuba, by DOD.

113 S2510 IS: Guantanamo Bay Detainee Transfer Suspension Act of 2014 U.S. Senate 2014-06-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2510 IN THE SENATE OF THE UNITED STATES June 19, 2014 Mr. Cruz Ms. Ayotte Mr. Roberts Committee on Armed Services A BILL To establish a temporary limitation on the use of funds to transfer or release individuals detained at United States Naval Station, Guantanamo Bay, Cuba. 1. Short title This Act may be cited as the Guantanamo Bay Detainee Transfer Suspension Act of 2014 2. Temporary limitation on use of funds to transfer or release individuals detained at United States Naval Station, Guantanamo Bay, Cuba (a) In general Except as provided in subsection (b), no funds may be obligated or expended to transfer or release any covered detainee at Guantanamo to the custody or control of such individual's country of origin, any other foreign country, or any other foreign entity until the earlier of— (1) the date that is 90 days after the date of submittal to Congress of the report required by subsection (d); or (2) the date that is 180 days after the date of the enactment of this Act. (b) Exception (1) In general Subsection (a) shall not apply to the obligation or expenditure of funds to transfer any covered detainee at Guantanamo to effectuate an order affecting the disposition of such individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction. (2) Notice to Congress The Secretary of Defense shall promptly notify the appropriate committees of Congress of the issuance of any order described in paragraph (1). (3) Delay in discharge An order described in paragraph (1) may not be carried out until the date that is 5 days after the date on which the appropriate committees of Congress are notified of the order pursuant to paragraph (2). (c) Enforcement (1) In general An officer or employee of the United States shall be liable in his or her individual capacity for a civil penalty of $10,000 for each covered detainee at Guantanamo transferred or released in violation of subsection (a) pursuant to an action or order of the officer or employee of the United States. (2) No representation by United States Notwithstanding section 50.15 50.16 (3) Qui tam action (A) In general A person may bring a civil action for a violation of subsection (a) for the person and for the United States Government, seeking a civil penalty under paragraph (1). The action shall be brought in the name of the Government. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting. (B) Complaint A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to rule 4 of the Federal Rules of Civil Procedure. The Government may elect to intervene and proceed with the action within 30 days after it receives both the complaint and the material evidence and information. (C) Determination by Government Before the expiration of the 30-day period under subparagraph (B), the Government shall— (i) proceed with the action, in which case the action shall be conducted by the Government; or (ii) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. (D) Individual conducting action If the Government elects not to proceed with the action, and upon request and at the Government's expense, the Government shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts. (E) Award to qui tam plaintiff A person bringing an action under subparagraph (A) shall receive 50 percent of the amount of the civil penalty imposed on the officer or employee of the United States and the court shall award the person reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs, to be paid by the defendant. (F) Expedited appeal of dismissal It shall be the duty of the courts of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any appeal by a person bringing a civil action under subparagraph (A) of the dismissal of the civil action with the consent of the Attorney General. (d) Report (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Secretary of State and the Director of National Intelligence, submit to the appropriate committees of Congress a report setting forth the following: (A) A detailed description of the previous assessments by Joint Task Force Guantanamo regarding the risk that the 5 detainees transferred from United States Naval Station, Guantanamo Bay Cuba, to Qatar on May 31, 2014, would reengage in terrorist activity after transfer. (B) A detailed description of any changes between the assessments described in subparagraph (A) and the assessments as of May 31, 2014, of the risk that the detainees described in that subparagraph would reengage in terrorist activity after transfer as described in that subparagraph, including the reasons for such changes. (C) A detailed description of the prior instances, if any, in which Qatar did not fully honor its commitments to monitor, detain, or control the travel of individuals formerly detained at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. (D) A detailed assessment of the likelihood that the 5 detainees described in subparagraph (A) will return to Afghanistan or reengage in terrorism. (E) A detailed assessment of whether the transfer of the 5 detainees as described in subparagraph (A) will increase the likelihood that the Taliban and terrorist groups around the world will try to capture United States individuals or personnel in order to obtain concessions from the United States. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions In this section: (1) The term appropriate committees of Congress (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives. (2) The term covered detainee at Guantanamo (A) is not a United States citizen or a member of the Armed Forces of the United States; and (B) is or was held on January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. (3) The term officer or employee of the United States (A) includes— (i) the President; (ii) the head and any officer or employee of any Executive agency or military department (as those terms are defined in chapter 1 (iii) any other officer or employee of the United States; and (B) does not include— (i) a member of the Armed Forces; or (ii) an officer or employee of an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 3. Prohibition on transfer or release of detainees at United States Naval Station Guantanamo Bay, Cuba, without express written authorization of the President (a) Prohibition No detainee described in subsection (b) may be transferred or released from United States Naval Station Guantanamo Bay, Cuba, to a foreign country without the express written authorization of the President. (b) Covered detainees A detainee described in this subsection is Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; (2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense; and (3) is held as of the date of the enactment of this Act at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 4. Rule of construction Nothing in this Act shall be construed to modify, limit, or supersede the requirements under section 1035 of the National Defense Authorization Act for Fiscal Year 2014 ( 10 U.S.C. 801

Guantanamo Bay Detainee Transfer Suspension Act of 2014

Emergency Interstate Bridge Safety Fund Act - Repeals the Davis-Bacon Act (which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works). Establishes in the Treasury an Emergency Interstate Bridge Safety Fund. Directs the Secretary of the Treasury to transfer to the Fund regularly amounts equal to the savings achieved through this repeal from the capital budgets of each affected federal agency. Directs the Secretary of Transportation (DOT) to compile a prioritized list of emergency interstate bridge projects on the federal-aid highway system meeting specified criteria (e.g., the bridge is deemed functionally obsolete). Authorizes the obligation of Fund amounts for such projects.

113 S2512 IS: Emergency Interstate Bridge Safety Fund Act U.S. Senate 2014-06-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2512 IN THE SENATE OF THE UNITED STATES June 23, 2014 Mr. McConnell Mr. Paul Committee on Health, Education, Labor, and Pensions A BILL To establish an emergency transportation safety fund for the reconstruction of bridges along the Interstate Highway System, and for other purposes. 1. Short title This Act may be cited as the Emergency Interstate Bridge Safety Fund Act 2. Findings Congress makes the following findings: (1) The Davis-Bacon Act requires that workers on all federally funded or federally assisted construction projects be paid what is commonly referred to as a prevailing wage, as calculated by the Wage and Hour Division of the Department of Labor. (2) According to the Congressional Budget Office, if the Davis-Bacon Act were repealed, the Federal Government could save an estimated $12,700,000,000 in discretionary outlays from 2015 through 2023. (3) These savings could be redirected to the reconstruction of closed and functionally obsolete bridges along the Interstate Highway System, which would improve highway safety and interstate commerce. I Establishment and funding 101. Repeal of Davis-Bacon Act of 1931 wage requirements (a) In general Subchapter IV of chapter 31 40 U.S.C. 3141 et seq. (b) Reference Beginning on the date of the enactment of this Act, any reference in any law to a wage requirement under subchapter IV of chapter 31 102. Emergency Interstate Bridge Safety Fund (a) Establishment There is established in the Treasury of the United States a trust fund to be known as the Emergency Interstate Bridge Safety Fund (b) Transfers to Emergency Interstate Bridge Safety Fund - (1) In general The Secretary of the Treasury shall regularly transfer amounts equal to the savings achieved through the repeal of the wage requirements under subsection (a) from the capital budgets of each affected Federal agency to the Emergency Interstate Bridge Safety Fund. (2) Emergency relief expenditures Section 125(c) (3) Emergency interstate bridge safety fund Amounts deposited into the Emergency Interstate Bridge Safety Fund established under section 102(a) of the Emergency Interstate Bridge Safety Fund Act . II Emergency interstate bridge safety priority list 201. Emergency interstate bridge priorities (a) List The Secretary of Transportation, in consultation with a representative sample of State and local government transportation officials, shall compile a prioritized list of emergency interstate bridge projects, which will guide the allocation of funding to the States from the Emergency Interstate Bridge Safety Fund established under section 102. (b) Criteria In compiling the list under subsection (a), the Secretary of Transportation, in addition to any other criteria established by the Secretary, shall rank the emergency interstate bridge projects in descending order, beginning with projects that— (1) are part of the Federal interstate highway system; (2) involve a bridge that is closed or deemed functionally obsolete by the Federal Highway Administration for safety reasons; (3) have a significant impact on interstate commerce; (4) would affect a significant volume of traffic; and (5) have the greatest overall value to the surrounding community. (c) Report Not later than 120 days after the date of the enactment of this Act, the Secretary of Transportation shall submit a report to Congress that includes— (1) a prioritized list of emergency interstate bridge projects to be funded through the Emergency Interstate Bridge Safety Fund; and (2) a description of the criteria used to establish the list referred to in paragraph (1). (d) Quarterly updates Not less frequently than 4 times per year, the Secretary of Transportation shall— (1) update the report submitted pursuant to subsection (c); (2) send a copy of the report to Congress; and (3) make a copy of the report available to the public through the Department of Transportation’s website.

Emergency Interstate Bridge Safety Fund Act

Advancing Competency-Based Education Demonstration Project Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to direct the Secretary of Education to select up to 15 institutions of higher education (IHEs), systems of IHEs, or consortia of IHEs to participate in a competency-based education demonstration project that provides participants with the ability to offer competency-based education that does not meet certain statutory and regulatory requirements that would otherwise prevent them from participating in federal student aid programs. Defines "competency-based education" as an educational process that is characterized by the direct measurement of student learning instead of, or in addition to, measuring students' credit or clock hours. Deems IHEs to be eligible to participate in the project if they are eligible to participate in title IV programs and are not proprietary or foreign IHEs. Requires project applicants to provide the Secretary with a description of the statutory and regulatory requirements they would like waived and the reasons for seeking each waiver. Directs the Secretary, through the Director of the Institute of Education Sciences, to: (1) develop performance measures to be used by project participants in gauging their progress, (2) evaluate the implementation and impact of project activities, and (3) identify promising competency-based education practices and disseminate research on such practices. Requires the Secretary to conduct an annual evaluation of the competency-based education program offered by each demonstration project participant.

113 S2513 IS: Advancing Competency-Based Education Demonstration Project Act of 2014 U.S. Senate 2014-06-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2513 IN THE SENATE OF THE UNITED STATES June 23, 2014 Mr. Bennet Mr. Isakson Mrs. Hagan Mr. Enzi Mr. Hatch Mr. Murphy Committee on Health, Education, Labor, and Pensions A BILL To establish a demonstration project for competency-based education. 1. Short title This Act may be cited as the Advancing Competency-Based Education Demonstration Project Act of 2014 2. Competency-based education demonstration project Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. 486B. Competency-based education demonstration project (a) Purposes The purposes of this section are— (1) to allow a demonstration project that is monitored by the Secretary to explore ways of delivering education and disbursing student financial aid that are based on learning rather than time; (2) to potentially lower cost and reduce the time to attainment of high-quality postsecondary degrees and credentials through competency-based education programs; and (3) to help determine— (A) the specific statutory and regulatory requirements that should be altered to provide greater access to competency-based education programs, which may be independent of, or combined with, traditional credit hour or clock hour programs; (B) the most effective means of delivering competency-based education through degree and credential programs; and (C) the appropriate level and distribution methodology of Federal assistance for students enrolled in competency-based education. (b) Definitions In this section: (1) Competency-based education The term competency-based education (A) is characterized by the measurement of learning as opposed to the measurement of instructional and learning time; and (B) includes direct measures of learning, which may include projects, papers, examinations, presentations, performances, and portfolios, and direct measures by others of student learning, in place of, or in addition to, using credit hours or clock hours to measure learning. (2) Eligible entity The term eligible entity (A) An institution of higher education that— (i) is eligible to participate in programs under this title; and (ii) is not an institution described in subparagraph (A) or (C) of section 102(a)(1). (B) A system of institutions described in subparagraph (A). (C) A consortium of institutions described in subparagraph (A). (c) Demonstration project authorized (1) In general The Secretary shall carry out a competency-based education demonstration project under which the Secretary selects, in accordance with subsection (e), eligible entities to participate and receive waivers described in paragraph (2), in order to enable the eligible entities to offer competency-based education. (2) Waivers (A) In general The Secretary may waive, for an eligible entity participating in the demonstration project under this section, any requirements, including any regulations promulgated under such provisions, of— (i) subsections (a) and (b) of section 481, as such subsections relate to requirements under this Act for a minimum number of weeks of instruction; and (ii) section 668.32(a)(1)(iii) (B) Additional requirements eligible for waiver (i) In general In addition to any waiver authorized under subparagraph (A), the Secretary may waive any requirements described in clause (ii) for an eligible entity participating in the demonstration project under this section that requests such a waiver in the application submitted under subsection (d), if the Secretary determines that the eligible entity has proposed a rational and defensible plan for competency-based education that requires such waiver. (ii) Description of additional requirements A requirement described in this clause is any requirement under this part, part F, or title I (including any regulations promulgated under title I) that inhibits the operation of competency-based education, including any requirement that relates to— (I) documenting attendance; (II) weekly academic activity; (III) minimum weeks of instructional time; (IV) credit hour or clock hour equivalencies; (V) substantive interaction with faculty; and (VI) the definitions of the terms academic year full-time student standard term non-term non-standard term term satisfactory academic progress educational activity program of study payment period (d) Application (1) In general Each eligible entity desiring to participate in the demonstration project under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require. (2) Contents Each application submitted under paragraph (1) shall include— (A) a description of the competency-based education to be offered by the eligible entity through the demonstration project, including the portion of the degree or credential to be provided by competency-based education and the amount of time needed for a student participating in the competency-based education program to attain the degree or credential; (B) a brief description of the proposed academic delivery, business, and financial models to be used by the eligible entity in the project, including brief explanations of how the entity's approach would result in the achievement and assessment of competencies and how the approach would differ from standard credit hour approaches; (C) a description of the statutory and regulatory requirements described in subsection (c)(2) for which a waiver is sought, and the reasons for which each such waiver is sought; (D) a description of the entity's proposal for determining a student's Federal student aid eligibility under this title and awarding and distributing such aid, including safeguards to ensure that students are making satisfactory progress that warrants disbursement of such aid, and an explanation of how the proposal ensures that the competency-based education program does not require the expenditure of additional Federal funding beyond what the students are otherwise eligible for under this title; (E) a description of the students to whom competency-based education will be offered, including an assurance that the eligible entity will include, by the end of the first calendar year, a minimum of 100 and a maximum of 2,000 eligible students as part of the project; (F) a description of the goals the entity hopes to achieve through the use of competency-based education; (G) a description of how the entity plans to maintain program integrity, and prevent fraud, waste, and abuse, in the student assistance programs under this title; (H) an assurance that the entity will fully cooperate with the ongoing evaluations of the demonstration project under subsection (f)(3); (I) an assurance that the entity will not require the expenditure of additional Federal funding to implement the project; and (J) such other information as the Secretary may require. (e) Selection (1) In general Not later than 180 days after the date of enactment of the Advancing Competency-Based Education Demonstration Project Act of 2014 (2) Considerations In selecting eligible entities to participate in the demonstration project under this section, the Secretary shall— (A) consider the number and quality of applications received; (B) consider the eligible entity's— (i) demonstrated quality, as measured through outcome-based metrics of student success; (ii) ability to successfully execute the project as described; (iii) commitment and ability to effectively finance a demonstration site as proposed; (iv) demonstrated administrative capability and expertise to evaluate learning based on measures other than credit hours or clock hours; (v) commitment to allow random assignment and collection of school records of eligible project applicants, if necessary in order to allow for the evaluation of the impact of the competency-based education programs supported under the project, as described in subsection (f)(2)(B); and (vi) commitment to share the defined competencies and metrics for assessment developed for the competency-based education program with the Secretary; and (C) ensure the participation of a diverse group of institutions of higher education (including institutions within eligible entities described in subparagraph (B) or (C) of subsection (b)(2)) with respect to size, mission, and geographic distribution of the institutions. (3) Notification Not later than 180 days after the date of enactment of the Advancing Competency-Based Education Demonstration Project Act of 2014 (f) Evaluations and reports (1) Eligible entity report Each eligible entity that participates in the demonstration project under this section shall prepare and submit to the Secretary an annual report that includes— (A) for each student participating in the competency-based education program offered by the eligible entity— (i) the number of postsecondary credit hours the student had earned prior to enrollment in the program; (ii) an identification of whether the student is participating in the program and only receiving competency-based education or participating in the program while also taking courses offered in credit or clock hours, and identification of student status as a first-year, second-year, third-year, or fourth-year student; (iii) the period of time between the admission of the student in the program and the first assessment of student learning; (iv) the percentage of assessments of student learning that the student passed on the first attempt, during the period of the student's participation in the program; (v) the percentage of assessments of student learning that the student passed on the second attempt, and overall and the average period of time between the student's first and second attempts, during the period of the student's participation in the program; and (vi) the number of credits that the student acquired through the program and the period of time during which the student acquired such credits; (B) the information reported under subparagraph (A) aggregated for the program; (C) the rates of retention in the program for participating students, for each 6-month period of the program; and (D) such other information as the Secretary may reasonably require. (2) Evaluation The Secretary shall— (A) acting through the Director of the Institute of Education Sciences— (i) develop performance measures, including the measures described in paragraph (1)(A), to be used by eligible entities participating in the demonstration project under this section to ascertain outcome and progress; (ii) evaluate the implementation and impact of the activities supported under this section; and (iii) identify promising practices regarding competency-based education and disseminate research on such practices; and (B) annually evaluate the competency-based education program offered by each eligible entity participating in the demonstration project under this section to review— (i) the extent to which the eligible entity has met the goals set forth in its application under subsection (d), including the measures of program quality assurance; (ii) the number and types of students participating in the competency-based education programs offered, including the progress of participating students toward recognized degrees and credentials and the extent to which participation, postsecondary education retention, postsecondary education completion, employment after graduation, and debt repayment increased or decreased for participating students as compared to the general postsecondary education student population; (iii) obstacles related to student financial assistance for competency-based education; and (iv) the extent to which statutory or regulatory requirements not waived under the demonstration project present difficulties for students or institutions of higher education. (3) Annual reports The Secretary shall annually prepare and submit to the authorizing committees a report that includes— (A) the evaluations of the competency-based education programs required under paragraph (2); (B) the number and types of students receiving assistance under this title who participate in competency-based education programs supported under this section; (C) the postsecondary education retention and completion rates of students participating in such programs; (D) any statutory changes the Secretary would recommend that are designed to support and enhance the expansion of competency-based education; and (E) other such measures as determined by the Secretary. (g) Oversight In conducting the demonstration project under this section, the Secretary shall, on a continuing basis— (1) ensure that eligible entities participating in the project comply with the requirements of this title (other than the requirements that are waived under subsection (c)(2)); (2) provide technical assistance; (3) monitor fluctuations in the student population enrolled in the participating eligible entities; and (4) consult with appropriate accrediting agencies or associations and appropriate State regulatory authorities regarding the project. .

Advancing Competency-Based Education Demonstration Project Act of 2014

Community Integration Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act to require state Medicaid plans to give an individual with disabilities needing the level of care provided in an institutional setting the choice and opportunity to receive such care in a home and community-based setting, including rehabilitative services, assistance and support in accomplishing activities of daily living, instrumental activities of daily living, and health-related tasks, and assistance in acquiring, maintaining, or enhancing skills necessary to accomplish such activities, tasks, or services. Prescribes requirements for providing in home and community-based settings those services such an individual would otherwise receive in an institutional setting, such as a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting.

113 S2515 IS: Community Integration Act of 2014 U.S. Senate 2014-06-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2515 IN THE SENATE OF THE UNITED STATES June 24, 2014 Mr. Harkin Committee on Finance A BILL To ensure that Medicaid beneficiaries have the opportunity to receive care in a home and community-based setting. 1. Short title This Act may be cited as the Community Integration Act of 2014 2. Findings Congress finds the following: (1) The Supreme Court's 1999 decision in Olmstead v. L.C., 527 U.S. 581 (1999), held that the unnecessary segregation of individuals with disabilities is a violation of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. (2) Under Olmstead, individuals generally have the right to receive their supports and services in home and community-based settings, rather than in institutional settings, if they so choose. (3) Olmstead envisioned that States would provide appropriate long-term services and supports to individuals with disabilities through home and community-based services and end forced segregation in nursing homes and other institutions. (4) While there has been progress in rebalancing State spending on individuals with disabilities in institutions as compared to home and community-based settings, more than 75 percent of States continue to spend the majority of their long-term care dollars on nursing homes and other institutional settings, and the number of individuals with disabilities under age 65 in nursing homes increased between 2008 and 2012. (5) As of June 2013, there were more than 200,000 individuals younger than age 65 in nursing homes—almost 16 percent of the total nursing home population. (6) Thirty-eight studies published from 2005 to 2012 concluded that providing services in home and community-based settings is less costly than providing care in a nursing home or other institutional setting. (7) No clear or centralized reporting system exists to compare how effectively States are meeting the Olmstead mandate. 3. Ensuring Medicaid beneficiaries may elect to receive care in a home and community-based setting (a) In general Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) (1) in paragraph (80), by striking and (2) in paragraph (81), by striking the period and inserting ; and (3) by inserting after paragraph (81) the following new paragraph: (82) in the case of any individual with respect to whom there has been a determination that the individual requires the level of care provided in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting— (A) provide the individual with the choice and opportunity to receive such care in a home and community-based setting, including rehabilitative services, assistance and support in accomplishing activities of daily living, instrumental activities of daily living, and health-related tasks, and assistance in acquiring, maintaining, or enhancing skills necessary to accomplish such activities, tasks, or services; (B) ensure that each such individual has an equal opportunity (when compared to the receipt and availability of nursing facility services) to receive care in a home and community-based setting, if the individual so chooses, by ensuring that the provision of such care in a home and community-based setting is widely available on a statewide basis for all such individuals within the State; and (C) meet the requirements of section 1904A (relating to the provision of care in a home and community-based setting). . (b) Requirements for community care options Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. 1904A. Provisions related to home and community-based care (a) Definitions For purposes of this section, section 1902(a)(82), and section 1905(a)(4)(A): (1) Activities of daily living The term activities of daily living (2) Health-related tasks The term health-related tasks (3) Home and community-based setting The term home and community-based setting (A) includes a house, apartment, townhouse, condominium, or similar public or private housing where the individual resides that— (i) is owned or leased by the individual or a member of the individual’s family; (ii) ensures the individual’s privacy, dignity, respect, and freedom from coercion; and (iii) maximizes the individual’s autonomy and independence; (B) is integrated in, and provides access to, the general community in which the setting is located so that the individual has access to the community and opportunities to seek employment and work in competitive integrated settings, participate in community life, control and utilize personal resources, benefit from community services, and participate in the community in an overall manner that is comparable to that available to individuals who are not individuals with disabilities; and (C) has the services and supports that the individual needs in order to live as independently as possible. (4) Instrumental activities of daily living The term instrumental activities of daily living (5) Public entity The term public entity (b) Requirements for providing services in home and community-Based settings With respect to the availability and provision of services under the State plan under this title, or under any waiver of State plan requirements (subject to section 3(d) of the Community Integration Act of 2014 (1) impose or utilize policies, practices, or procedures, such as unnecessary requirements or arbitrary service or cost caps, that limit the availability of services in home and community-based settings to an individual with a disability (including individuals with the most significant disabilities) who need such services; (2) impose or utilize policies, practices, or procedures that limit the availability of services in a home and community-based setting (including assistance and support in accomplishing activities of daily living, instrumental activities of daily living, health-related tasks, and rehabilitative services) based on the specific disability of an otherwise eligible individual; (3) impose or utilize policies, practices, or procedures that arbitrarily restrict an individual with a disability from full and meaningful participation in community life; (4) impose or utilize policies, practices, or procedures that unnecessarily delay or restrict the provision of services in a home and community-based setting to any individual who requires such services; (5) fail to establish and utilize adequate payment structures to maintain a sufficient workforce to provide services in home and community-based settings to any individual who requires such services; (6) fail to provide information, on an ongoing basis, to help any individual who receives care in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, understand the individual's right to choose to receive such care in a home and community-based setting; or (7) fail to provide information to help any individual that requires the level of care provided in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, prior to the individual's placement in such a facility or institution, understand the individual's right to choose to receive such care in a home and community-based setting. (c) Plan To increase affordable and accessible housing Not later than 180 days after the enactment of this section, each State shall develop a statewide plan to increase the availability of affordable and accessible private and public housing stock for individuals with disabilities (including accessible housing for individuals with physical disabilities and those using mobility devices). (d) Availability of remedies and procedures (1) In general The remedies and procedures set forth in sections 203 and 505 of the Americans with Disabilities Act of 1990 shall be available to any person aggrieved by the failure of— (A) a State to comply with this section or section 1902(a)(82); or (B) a public entity (including a State) to comply with the requirements of subsection (b). (2) Rule of construction Nothing in paragraph (1) shall be construed to limit any remedy or right of action that otherwise is available to an aggrieved person under this title. (e) Enforcement by the Secretary (1) In general The Secretary may reduce the Federal matching assistance percentage applicable to the State (as determined under section 1905(b)) if the Secretary determines that the State has violated the requirements of subsection (b). (2) Rule of construction Nothing in paragraph (1) shall be construed to limit any remedy or right of action that is otherwise available to the Secretary. (f) Reporting requirements With respect to fiscal year 2016, and for each fiscal year thereafter, each State shall submit to the Administrator of the Administration for Community Living of the Department of Health and Human Services, not later than April 1 of the succeeding fiscal year, a report, in such form and manner as the Secretary shall require, that includes— (1) the total number of individuals enrolled in the State plan or under a waiver of the plan during such fiscal year that required the level of care provided in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, disaggregated by the type of facility or setting; (2) with respect to the total number described in paragraph (1), the total number of individuals described in that paragraph who received care in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, disaggregated by the type of facility or setting; and (3) with respect to the total number described in paragraph (2), the total number of individuals described in that paragraph who were transitioned from a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting to a home and community-based setting, dis­ag­gre­gated by the type of home and community-based setting. . (c) Inclusion as a mandatory service Section 1905(a)(4)(A) of the Social Security Act ( 42 U.S.C. 1396d(a)(4)(A) other than including similar services such as rehabilitative services and assistance and support in accomplishing activities of daily living, instrumental activities of daily living, and health-related tasks, that are provided, at the individual's option, in a home and community-based setting (as defined in section 1904A(a)(3)), but not including (d) Application to waivers Notwithstanding section 1904A of the Social Security Act (as added by subsection (b)), such section, and sections 1902(a)(82), and 1905(a)(4)(A) of the Social Security Act ( 42 U.S.C. 1396 et seq. 42 U.S.C. 1315 (e) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on October 1, 2014. (2) Delay permitted if State legislation required In the case of a State plan under section 1902 of the Social Security Act ( 42 U.S.C. 1396a

Community Integration Act of 2014

Holding the IRS Leadership Accountable Act - Prohibits the Commissioner of the Internal Revenue Service (IRS) from providing any performance awards, including bonuses, step increases, and leave time, to IRS senior-level executives until such time as the Inspector General for Tax Administration of the Department of the Treasury certifies that the IRS has provided all documents, including all electronic communications, requested by the congressional committees investigating the targeting of certain taxpayers who applied for tax-exempt status as a social welfare organization.

113 S2517 IS: Holding the IRS Leadership Accountable Act U.S. Senate 2014-06-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2517 IN THE SENATE OF THE UNITED STATES June 24, 2014 Mr. Cornyn Committee on Finance A BILL To prohibit bonuses to senior-level IRS executives until all Congressional requests for documents, including electronic communications, related to the investigation of IRS targeting of taxpayers are complete. 1. Short title This Act may be cited as the Holding the IRS Leadership Accountable Act 2. Prohibition on bonuses until IRS complies with Congressional document requests The Commissioner of Internal Revenue shall not provide any performance award (including bonuses, step increases, and leave time) to senior-level executives of the Internal Revenue Service until such time as the Treasury Inspector General for Tax Administration certifies that the Internal Revenue Service has provided all documents, including all electronic communications, requested by the relevant congressional committees in due course of their investigation into the targeting of certain taxpayers who applied for designation as an organization described in section 501(c)(4) of the Internal Revenue Code of 1986.

Holding the IRS Leadership Accountable Act

College Access Act of 2014 - Directs the Secretary of Education to award competitive planning grants and competitive implementation grants to states to plan and implement comprehensive state plans to: (1) enhance the affordability of postsecondary education; and (2) increase the number and percentage of students attaining a postsecondary credential, particularly first generation and low-income college students. Requires each comprehensive state plan to require the implementation of: specified measures to increase the transparency and accessibility of the information provided to students and their families about the costs and outcomes of attaining a postsecondary credential in the state, including the adoption by each institution of higher education (IHE) of a net price calculator linked to the IHE's website that provides individualized information and meets certain other requirements; and measures to maintain or increase fiscal support for postsecondary education that include increasing need-based grant aid for postsecondary education and restricting tuition increases at public IHEs to a rate that lies below the inflation rate. Requires each comprehensive state plan to require one or more of the following reforms that are not already in place in the state: removing barriers to innovation in postsecondary education by developing innovative education delivery models, promoting the use of technology, and creating or expanding the use of open educational resources; improving the students' transition to and from postsecondary institutions and increasing their graduation rate by increasing their participation in accelerated learning models, reforming postsecondary remediation, improving the credit transfer policies and articulation agreements between or among IHEs, and incentivizing IHEs to increase the number and percentage of Federal Pell Grant recipients who attain a postsecondary credential. Requires applicants for a planning grant and applicants for an implementation grant that have not received a planning grant to establish performance indicators, annual targets, and goals to track their performance in: implementing the reforms that are required by their plans, increasing the graduation rate of first generation and low-income college students and the number and percentage of students from community colleges and postsecondary vocational schools who transfer to a four-year IHE and attain a baccalaureate degree, and reducing the net price of attaining a postsecondary credential. Terminates an implementation grant after two years if the Secretary determines that the state is making insufficient progress in implementing its comprehensive state plan and meeting its annual targets. Directs the Secretary to: (1) evaluate the implementation and impact of this Act's requirements, and (2) disseminate research on best practices for achieving this Act's objectives.

113 S2518 IS: College Access Act of 2014 U.S. Senate 2014-06-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2518 IN THE SENATE OF THE UNITED STATES June 24, 2014 Mr. Franken Committee on Health, Education, Labor, and Pensions A BILL To establish a grant program to incentivize States to implement comprehensive reforms and innovative strategies to significantly improve postsecondary outcomes for low-income and first generation college students, including increasing postsecondary enrollment and graduation rates, to reduce the need of postsecondary students for remedial education, to increase alignment of elementary, secondary, and postsecondary education, and to promote innovation in postsecondary education, and for other purposes. 1. Short title This Act may be cited as the College Access Act of 2014 2. Definitions In this Act: (1) Accelerated learning model The term accelerated learning model (A) is designed to help students in secondary school learn at a faster and more rigorous pace; and (B) offers students the opportunity to earn postsecondary credits and, in some cases, obtain an occupational certificate or degree (including an associate degree), while such students are in secondary school. (2) Adult education The term adult education (A) who have attained 16 years of age; (B) who are not enrolled or required to be enrolled in secondary school under State law; and (C) who— (i) lack sufficient mastery of basic educational skills to function effectively in society; (ii) do not have a secondary school diploma, or the recognized equivalent of such diploma, and have not achieved an equivalent level of education; or (iii) are unable to speak, read, or write in the English language. (3) Community college The term community college junior or community college 20 U.S.C. 1058(f) (4) Dual enrollment program The term dual enrollment program (5) Eligible entity The term eligible entity (6) Enrollment status The term enrollment status (7) Federal Pell Grant The term Federal Pell Grant (8) First generation college student The term first generation college student (9) Institution of higher education The term institution of higher education (10) Low-income student The term low-income student (11) Net price The term net price (12) Open educational resource The term open educational resource (13) Open license The term open license (14) Postsecondary credential The term postsecondary credential (15) Postsecondary vocational institution The term postsecondary vocational institution (16) Secondary school The term secondary school 20 U.S.C. 7801 (17) Secretary The term Secretary (18) State The term State 3. Reservation of funds From amounts made available to carry out this Act for each fiscal year, the Secretary may reserve not more than 2 percent of such amounts to carry out activities in accordance with this Act related to technical assistance, evaluation, outreach, and dissemination. 4. Authorization of State grant program (a) In general For each fiscal year for which funds are appropriated under section 11 and from such amounts not reserved under section 3, the Secretary shall award planning and implementation grants to eligible entities to enable such entities to develop or implement a comprehensive State plan described in section 5 to improve postsecondary outcomes for all students, especially low-income and first generation college students. (b) Planning and implementation grants In accordance with subparagraph (a), the Secretary shall award— (1) planning grants, on a competitive basis, to eligible entities to enable such entities to develop a comprehensive State plan described in section 5; and (2) implementation grants, on a competitive basis, to eligible entities and without regard to whether the entities have received a planning grant under paragraph (1), to implement a comprehensive State plan described in section 5. (c) Limitation A State or a consortium of States shall not have more than 1 planning grant or more than 1 implementation grant at any given time. A State or a consortium of States awarded a planning grant or an implementation grant may reapply for such grant after the termination of such grant. (d) Duration (1) Planning grants Each planning grant awarded under subsection (b)(1) shall be for a period of not more than 18 months. (2) Implementation grants (A) In general Each implementation grant awarded under subsection (b)(2) shall be for a period of not more than 5 years, subject to the requirement under subparagraph (B). (B) Sufficient progress An implementation grant awarded under subsection (b)(2) shall terminate after a period of 2 years, if the Secretary determines that the eligible entity receiving such implementation grant has not made sufficient progress in— (i) implementing a comprehensive State plan described in section 5, at a rate that the Secretary determines will result in complete implementation of such plan during the remainder of the grant period; and (ii) meeting the annual targets under section 7. 5. Comprehensive State plan (a) In general To carry out the objectives of this Act, an eligible entity that receives a grant under this Act shall develop, in the case of a planning grant, and implement, in the case of an implementation grant, a comprehensive State plan to— (1) enhance the affordability of postsecondary education; and (2) increase the number and percentage of students attaining a postsecondary credential, particularly first generation college students and low-income students. (b) Reforms (1) Universally required reforms The comprehensive State plan for each eligible entity receiving a grant under this Act shall include each of the following reforms: (A) Increasing the transparency of information provided to students and the families of such students about the costs and outcomes of attaining a postsecondary credential in each State participating in the eligible entity, and increasing access to such information for students and their families, by taking measures that shall include— (i) requiring the institutions of higher education in each State participating in the eligible entity to adopt a net price calculator under section 132(h) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(h) (ii) adopting a common letter developed by the Secretary under section 484(a) of the Higher Education Opportunity Act ( 20 U.S.C. 1092 (iii) enhancing the financial literacy of students and the families of such students regarding the costs of postsecondary education and financial aid opportunities, beginning when such students enter secondary school; (iv) reporting accurate student graduation rates for institutions of higher education in each State participating in the eligible entity, disaggregated by status as a full-time student, or a part-time student, and status as a transfer student; (v) developing practices for the continuous assessment of student learning at the postsecondary level and public reporting of student learning outcomes; (vi) developing multi-year tuition and fee schedules; and (vii) providing free degree audits to students residing in each State participating in the eligible entity. (B) Implementing measures to maintain or increase fiscal support for postsecondary education that shall include— (i) increasing need-based grant aid for postsecondary education; and (ii) restricting the increase in tuition at public institutions of higher education in each State participating in the eligible entity to a rate that is below the rate of inflation. (2) Selective reforms The comprehensive State plan of each eligible entity receiving a grant under this Act shall include 1 or more of the following reforms, as chosen by such eligible entity in accordance with paragraph (3): (A) Removing barriers to innovation in postsecondary education that shall include— (i) developing innovative education delivery models, such as using technology to enhance online and classroom learning aimed to increase participation and retention of students, particularly first generation college students and low-income students; (ii) promoting the use of technology to increase personalized learning, advising, and support services for students; and (iii) creating programs to create and expand the use of open educational resources. (B) Improving the transition of students to and from postsecondary institutions and increasing the rate of graduation of students from postsecondary institutions, particularly such students graduating on time, by— (i) increasing participation in accelerated learning models, which may include— (I) subsidizing the cost of advanced placement program examinations for low-income students; (II) training teachers to offer advanced placement program courses; (III) subsidizing the cost of international baccalaureate examinations and programs for low-income students; (IV) increasing access to dual enrollment programs for low-income students; and (V) developing programs to bring advanced placement program courses to rural schools; (ii) reforming postsecondary remediation by taking measures, which may include— (I) reducing the need for remediation, by creating targeted inventions to occur in secondary school or adult education that align with higher education and waiving placement testing; (II) improving the quality of remediation courses and developmental education based on emerging research-based practices; and (III) improving the process for identifying the foundational skills needs of students for remediation or developmental education while such students are in secondary school or adult education; (iii) improving the credit transfer policies and articulation agreements, as defined in section 486A(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1093a(a) (iv) incentivizing institutions of higher education in each State participating in the eligible entity to increase the number and percentage of Federal Pell Grant recipients who attain a postsecondary credential at such institutions of higher education. (3) Requirement for selecting reforms An eligible entity receiving a grant under this Act shall only select a reform under paragraph (2) that each State participating in the eligible entity does not have in place on the date on which such eligible entity receives such grant. (4) Requirements for net price calculator The net price calculator, adopted under paragraph (1)(A)(i) by each institution of higher education in each State participating in an eligible entity, shall meet each of the following requirements: (A) The link to the net price calculator made publicly available on the website of such institution— (i) shall be labeled as a net price calculator (ii) shall be posted on the website of such institution in locations that provide information on costs and aid (such as web pages for financial aid, prospective students, or tuition and fees); (iii) shall match in size and font to the other prominent links on the primary web page of such website; and (iv) may be included on the web page of such institution that contains information relating to compliance with Federal, State, and local laws. (B) The results screen for the net price calculator shall specify each of the following: (i) The individual net price (as calculated under section 132(h)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(h)(2) (ii) The cost of attendance at such institution of higher education for a first-time, full-time undergraduate student enrolled in the institution, including— (I) tuition and fees; (II) the average annual cost of room and board; (III) the average annual cost of books and supplies; and (IV) the estimated cost of other expenses (including personal expenses and transportation). (iii) The estimated total need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, that may be available to an individual student, showing the subtotal for each such category and the total of all sources of grant aid. (iv) The 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 section 132(h)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(h)(4) (vi) In the case of a calculator that— (I) includes questions to estimate the eligibility of a student (or prospective student) for veteran's education benefits (as defined in section 480(c) of the Higher Education Act of 1956 ( 20 U.S.C. 1087vv(c) (II) does not include questions to estimate eligibility for the benefits described in subclause (I), the results screen shall indicate that certain students (or prospective students) may qualify for such benefits and include a link to information about such benefits. (C) The institution shall populate the calculator with data from not earlier than 2 academic years prior to the most recent academic year completed on the date of enactment of this Act. (D) The net price calculator shall clearly indicate which questions are required to be answered for a net price estimate. (E) In the case of a calculator that requests contact information from users, the net price calculator shall clearly indicate that such request is optional (F) The net price calculator shall protect the confidentiality of users by including mechanisms to prevent any personally identifiable information from being sold or made available to third parties. The net price calculator shall clearly state: Any information that you provide on this site is confidential. (G) The net price calculator shall not store responses, shall not require any personal identifying information from users, and shall clearly state: The Net Price Calculator does not store your responses and does not require personal identifying information of any kind. 6. Applications (a) Submission An eligible entity desiring a planning grant or an implementation grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Contents for all grants Each application for a planning grant or an implementation grant under this Act shall include, at a minimum, a demonstration that the eligible entity— (1) has established mechanisms and the ability to use funds made available under this Act and other sources of funding, including Federal, State, and local funds, to implement the reforms under section 5(b); and (2) will include, in carrying the reforms under section 5(b), all public institutions of higher education within each State participating in the eligible entity and all State agencies with governing authority over postsecondary education in each such State. (c) Planning grants An application for a planning grant awarded under section 4(b)(1) shall include, in addition to the requirements described in subsection (b)— (1) a proposal describing how the eligible entity will develop and establish a comprehensive State plan to implement the reforms under section 5(b); (2) a description of how the eligible entity will include, in developing the comprehensive State plan— (A) all public institutions of higher education in each State participating in the eligible entity; (B) private nonprofit organizations that choose to participate in the development of such plan; (C) each State educational agency and local educational agency (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) in each State participating in the eligible entity; and (D) other stakeholders, as designated by the Governor of each State participating in the eligible entity; and (3) a description of the State agencies and other entities that the Governor of each State participating in the eligible entity has determined will control the programs funded by the grant and how such entities will interact in carrying out the activities of the planning grant. (d) Implementation grants An application for an implementation grant awarded under section 4(b)(2) shall include, in addition to the requirements described in subsection (b)— (1) a proposal describing how the eligible entity will use the implementation grant to— (A) carry out the reforms under section 5(b), in accordance with the comprehensive State plan; and (B) meet the annual targets established by the eligible entity under section 7, at a rate that the Secretary determines will result in reaching the goals of the grant established by such eligible entity under such section; and (2) a description of the State agencies and other entities that the Governor of each State participating in the eligible entity has determined will control the programs funded by the grant and how such entities will interact in carrying out the activities of the implementation grant. (e) Application review (1) In general The Secretary shall award grants under this Act on a competitive basis considering the quality of the applications submitted. (2) Publication of explanation The Secretary shall prepare and submit to Congress and publish on the website of the Department of Education an explanation of the application process, including the fairness, equity, transparency, and objectivity of the process. (3) Priority In awarding grants under this Act, the Secretary shall give priority to eligible entities that show a stronger capacity to use the funds made available under this Act to implement a comprehensive State plan under section 5. 7. Performance indicators; annual targets; goals (a) In general Each eligible entity receiving a planning grant under this Act, or each eligible entity described in subsection (c) that is applying for an implementation grant under this Act, shall establish, subject to approval by the Secretary— (1) performance indicators that measure the progress of such eligible entity in each of the areas described in subsection (b); (2) annual targets, for the programs and activities carried out under this Act, that will enable such eligible entity to reach the goals under paragraph (3); and (3) goals, to be met by such eligible entity at the end of the implementation grant period, for achieving progress in each of the areas described in subsection (b). (b) Progress areas The performance indicators, annual targets, and goals described in subsection (a) shall, at a minimum, track the progress of the eligible entity in each of the following areas: (1) Implementing the reforms under section 5(b). (2) Increasing— (A) the student graduation rate of first generation college students and low-income students at institutions of higher education; and (B) the number and percentage of students from community colleges and postsecondary vocational institutions who transfer to a 4-year institution of higher education and attain a baccalaureate degree. (3) Reducing the net price of attaining a postsecondary credential. (c) Implementation grants An eligible entity that has received a planning grant under this Act may use the performance indicators, annual targets, and goals developed by such entity using the funds of such planning grant to apply for and carry out the activities of an implementation grant under this Act. An eligible entity that has not received a planning grant under this Act shall establish performance indicators, annual targets, and goals described in subsection (a) prior to applying for an implementation grant under this Act and verify such establishment in the application for such implementation grant. 8. Uses of funds (a) In general An eligible entity receiving funds from a grant under this Act shall use such funds to carry out the activities of the grant. (b) Prohibitions An eligible entity receiving funds from a grant under this Act shall not use such funds to— (1) promote any lender's loans; or (2) compensate for a decrease in State appropriations for higher education. (c) Terminated grants If an implementation grant is terminated under section 4(d)(2)(B), the eligible entity that received such grant shall return any unused funds of the grant to the Secretary. The Secretary shall use such funds to— (1) increase funds made available to other grants awarded under this Act; or (2) award additional grants to other eligible entities. 9. Reports and evaluation (a) Reports (1) In general An eligible entity that receives an implementation grant under this Act shall submit to the Secretary an annual report that, at a minimum, includes— (A) data on the progress of such eligible entity in achieving the annual targets established under section 7; and (B) a description of the challenges that such eligible entity has faced in carrying out the grant and how such eligible entity has addressed or plans to address such challenges. (b) Evaluation The Secretary shall— (1) acting through the Director of the Institute of Education Sciences, evaluate the implementation and impact of the activities carried out by this Act; and (2) disseminate research on best practices for carrying out activities to achieve the objectives of this Act. 10. Supplement and not supplant The funds authorized under this Act shall supplement, and not supplant, other Federal, State, and local funds that are available to enhance the affordability of attaining a postsecondary credential and increase the student graduation rates for institutions of higher education. 11. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act.

College Access Act of 2014

(This measure has not been amended since it was passed by the Senate on December 10, 2014. The summary of that version is repeated here.) National Cybersecurity Protection Act of 2014 - (Sec. 3) Amends the Homeland Security Act of 2002 to establish a national cybersecurity and communications integration center in the Department of Homeland Security (DHS) to carry out the responsibilities of the DHS Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and related DHS programs. Requires the center to be the federal civilian interface for sharing cybersecurity risks, incidents, analysis, and warnings for federal and non-federal entities. Directs the center to: (1) enable real-time, integrated, and operational actions across federal and non-federal entities; (2) facilitate cross-sector coordination to address risks and incidents that may be related or could have consequential impacts across multiple sectors; (3) conduct and share analysis; and (4) provide technical assistance, risk management, and security measure recommendations. Directs the center to ensure: (1) continuous, collaborative, and inclusive coordination across sectors and with sector coordinating councils, information sharing and analysis organizations, and other appropriate non-federal partners; (2) development and use of technology-neutral, real-time mechanisms for sharing information about risks and incidents; and (3) safeguards against unauthorized access. Provides the Under Secretary with unreviewable discretion as to whether governmental or private entities are included in the center or are provided assistance or information. (Sec. 4) Requires the DHS Secretary to submit to Congress recommendations regarding how to expedite implementation of information-sharing agreements for cybersecurity purposes between the center and non-federal entities. (Sec. 5) Directs the Secretary to report annually to Congress concerning: (1) the number of non-federal participants, the length of time taken to resolve requests to participate in the center, and the reasons for any denials of such requests; (2) DHS's information sharing with each critical infrastructure sector; and (3) privacy and civil liberties safeguards. (Sec. 6) Requires a Comptroller General (GAO) report on the effectiveness of the center. (Sec. 7) Directs the Under Secretary to develop, maintain, and exercise adaptable cyber incident response plans to address cybersecurity risks to critical infrastructure. Requires the Secretary to make the application process for security clearances relating to a classified national security information program available to sector coordinating councils, sector information sharing and analysis organizations, and owners and operators of critical infrastructure. Directs the Office of Management and Budget (OMB) to ensure that data breach notification policies require affected agencies, after discovering an unauthorized acquisition or access, to notify: (1) Congress within 30 days, and (2) affected individuals as expeditiously as practicable. Allows the Attorney General (DOJ), heads of elements of the intelligence community, or the Secretary to delay notice to affected individuals for purposes of law enforcement investigations, national security, or security remediation actions. Requires OMB to assess agency implementation of data breach notification policies. (Sec. 8) Prohibits this Act from being construed to: (1) grant the Secretary any authority to promulgate regulations or set standards relating to the cybersecurity of private sector critical infrastructure that was not in effect on the day before the enactment of this Act, or (2) require any private entity to request the Secretary's assistance or to implement any recommendation suggested by the Secretary in response to such a request.

S2519 ENR: National Cybersecurity Protection Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 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. 2519 IN THE SENATE OF THE UNITED STATES AN ACT To codify an existing operations center for cybersecurity. 1. Short title This Act may be cited as the National Cybersecurity Protection Act of 2014 2. Definitions In this Act— (1) the term Center (2) the term critical infrastructure 6 U.S.C. 101 (3) the term cybersecurity risk (4) the term information sharing and analysis organization 6 U.S.C. 131(5) (5) the term information system section 3502(8) (6) the term Secretary 3. National cybersecurity and communications integration center (a) In general Subtitle C of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 141 et seq. 226. National cybersecurity and communications integration center (a) Definitions In this section— (1) the term cybersecurity risk (2) the term incident (A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system; or (B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies; (3) the term information sharing and analysis organization (4) the term information system section 3502(8) (b) Center There is in the Department a national cybersecurity and communications integration center (referred to in this section as the Center (c) Functions The cybersecurity functions of the Center shall include— (1) being a Federal civilian interface for the multi-directional and cross-sector sharing of information related to cybersecurity risks, incidents, analysis, and warnings for Federal and non-Federal entities; (2) providing shared situational awareness to enable real-time, integrated, and operational actions across the Federal Government and non-Federal entities to address cybersecurity risks and incidents to Federal and non-Federal entities; (3) coordinating the sharing of information related to cybersecurity risks and incidents across the Federal Government; (4) facilitating cross-sector coordination to address cybersecurity risks and incidents, including cybersecurity risks and incidents that may be related or could have consequential impacts across multiple sectors; (5) (A) conducting integration and analysis, including cross-sector integration and analysis, of cybersecurity risks and incidents; and (B) sharing the analysis conducted under subparagraph (A) with Federal and non-Federal entities; (6) upon request, providing timely technical assistance, risk management support, and incident response capabilities to Federal and non-Federal entities with respect to cybersecurity risks and incidents, which may include attribution, mitigation, and remediation; and (7) providing information and recommendations on security and resilience measures to Federal and non-Federal entities, including information and recommendations to— (A) facilitate information security; and (B) strengthen information systems against cybersecurity risks and incidents. (d) Composition (1) In general The Center shall be composed of— (A) appropriate representatives of Federal entities, such as— (i) sector-specific agencies; (ii) civilian and law enforcement agencies; and (iii) elements of the intelligence community, as that term is defined under section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) (B) appropriate representatives of non-Federal entities, such as— (i) State and local governments; (ii) information sharing and analysis organizations; and (iii) owners and operators of critical information systems; (C) components within the Center that carry out cybersecurity and communications activities; (D) a designated Federal official for operational coordination with and across each sector; and (E) other appropriate representatives or entities, as determined by the Secretary. (2) Incidents In the event of an incident, during exigent circumstances the Secretary may grant a Federal or non-Federal entity immediate temporary access to the Center. (e) Principles In carrying out the functions under subsection (c), the Center shall ensure— (1) to the extent practicable, that— (A) timely, actionable, and relevant information related to cybersecurity risks, incidents, and analysis is shared; (B) when appropriate, information related to cybersecurity risks, incidents, and analysis is integrated with other relevant information and tailored to the specific characteristics of a sector; (C) activities are prioritized and conducted based on the level of risk; (D) industry sector-specific, academic, and national laboratory expertise is sought and receives appropriate consideration; (E) continuous, collaborative, and inclusive coordination occurs— (i) across sectors; and (ii) with— (I) sector coordinating councils; (II) information sharing and analysis organizations; and (III) other appropriate non-Federal partners; (F) as appropriate, the Center works to develop and use mechanisms for sharing information related to cybersecurity risks and incidents that are technology-neutral, interoperable, real-time, cost-effective, and resilient; and (G) the Center works with other agencies to reduce unnecessarily duplicative sharing of information related to cybersecurity risks and incidents; (2) that information related to cybersecurity risks and incidents is appropriately safeguarded against unauthorized access; and (3) that activities conducted by the Center comply with all policies, regulations, and laws that protect the privacy and civil liberties of United States persons. (f) No right or benefit (1) In general The provision of assistance or information to, and inclusion in the Center of, governmental or private entities under this section shall be at the sole and unreviewable discretion of the Under Secretary appointed under section 103(a)(1)(H). (2) Certain assistance or information The provision of certain assistance or information to, or inclusion in the Center of, one governmental or private entity pursuant to this section shall not create a right or benefit, substantive or procedural, to similar assistance or information for any other governmental or private entity. . (b) Technical and conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 Sec. 226. National cybersecurity and communications integration center. . 4. Recommendations regarding new agreements (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall submit recommendations on how to expedite the implementation of information-sharing agreements for cybersecurity purposes between the Center and non-Federal entities (referred to in this section as cybersecurity information-sharing agreements (1) the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate; and (2) the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives. (b) Contents In submitting recommendations under subsection (a), the Secretary shall— (1) address the development and utilization of a scalable form that retains all privacy and other protections in cybersecurity information-sharing agreements that are in effect as of the date on which the Secretary submits the recommendations, including Cooperative Research and Development Agreements; and (2) include in the recommendations any additional authorities or resources that may be needed to carry out the implementation of any new cybersecurity information-sharing agreements. 5. Annual report Not later than 1 year after the date of enactment of this Act, and every year thereafter for 3 years, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate, the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives, and the Comptroller General of the United States a report on the Center, which shall include— (a) information on the Center, including— (1) an assessment of the capability and capacity of the Center to carry out its cybersecurity mission under this Act; (2) the number of representatives from non-Federal entities that are participating in the Center, including the number of representatives from States, nonprofit organizations, and private sector entities, respectively; (3) the number of requests from non-Federal entities to participate in the Center and the response to such requests; (4) the average length of time taken to resolve requests described in paragraph (3); (5) the identification of— (A) any delay in resolving requests described in paragraph (3) involving security clearance processing; and (B) the agency involved with a delay described in subparagraph (A); (6) a description of any other obstacles or challenges to resolving requests described in paragraph (3) and a summary of the reasons for denials of any such requests; (7) the extent to which the Department is engaged in information sharing with each critical infrastructure sector, including— (A) the extent to which each sector has representatives at the Center; (B) the extent to which owners and operators of critical infrastructure in each critical infrastructure sector participate in information sharing at the Center; and (C) the volume and range of activities with respect to which the Secretary has collaborated with the sector coordinating councils and the sector-specific agencies to promote greater engagement with the Center; and (8) the policies and procedures established by the Center to safeguard privacy and civil liberties. 6. GAO report Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the effectiveness of the Center in carrying out its cybersecurity mission. 7. Cyber incident response plan; clearances; breaches (a) Cyber incident response plan; clearances Subtitle C of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 141 et seq. 227. Cyber incident response plan The Under Secretary appointed under section 103(a)(1)(H) shall, in coordination with appropriate Federal departments and agencies, State and local governments, sector coordinating councils, information sharing and analysis organizations (as defined in section 212(5)), owners and operators of critical infrastructure, and other appropriate entities and individuals, develop, regularly update, maintain, and exercise adaptable cyber incident response plans to address cybersecurity risks (as defined in section 226) to critical infrastructure. 228. Clearances The Secretary shall make available the process of application for security clearances under Executive Order 13549 (75 Fed. Reg. 162; relating to a classified national security information program) or any successor Executive Order to appropriate representatives of sector coordinating councils, sector information sharing and analysis organizations (as defined in section 212(5)), owners and operators of critical infrastructure, and any other person that the Secretary determines appropriate. . (b) Breaches (1) Requirements The Director of the Office of Management and Budget shall ensure that data breach notification policies and guidelines are updated periodically and require— (A) except as provided in paragraph (4), notice by the affected agency to each committee of Congress described in section 3544(c)(1) of title 44, United States Code, the Committee on the Judiciary of the Senate, and the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives, which shall— (i) be provided expeditiously and not later than 30 days after the date on which the agency discovered the unauthorized acquisition or access; and (ii) include— (I) information about the breach, including a summary of any information that the agency knows on the date on which notification is provided about how the breach occurred; (II) an estimate of the number of individuals affected by the breach, based on information that the agency knows on the date on which notification is provided, including an assessment of the risk of harm to affected individuals; (III) a description of any circumstances necessitating a delay in providing notice to affected individuals; and (IV) an estimate of whether and when the agency will provide notice to affected individuals; and (B) notice by the affected agency to affected individuals, pursuant to data breach notification policies and guidelines, which shall be provided as expeditiously as practicable and without unreasonable delay after the agency discovers the unauthorized acquisition or access. (2) National security; law enforcement; remediation The Attorney General, the head of an element of the intelligence community (as such term is defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)), or the Secretary may delay the notice to affected individuals under paragraph (1)(B) if the notice would disrupt a law enforcement investigation, endanger national security, or hamper security remediation actions. (3) OMB report During the first 2 years beginning after the date of enactment of this Act, the Director of the Office of Management and Budget shall, on an annual basis— (A) assess agency implementation of data breach notification policies and guidelines in aggregate; and (B) include the assessment described in clause (i) in the report required under section 3543(a)(8) of title 44, United States Code. (4) Exception Any element of the intelligence community (as such term is defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)) that is required to provide notice under paragraph (1)(A) shall only provide such notice to appropriate committees of Congress. (c) Rule of construction Nothing in the amendment made by subsection (a) or in subsection (b)(1) shall be construed to alter any authority of a Federal agency or department. (d) Technical and conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 101 Sec. 227. Cyber incident response plan. Sec. 228. Clearances. . 8. Rules of construction (a) Prohibition on new regulatory authority Nothing in this Act or the amendments made by this Act shall be construed to grant the Secretary any authority to promulgate regulations or set standards relating to the cybersecurity of private sector critical infrastructure that was not in effect on the day before the date of enactment of this Act. (b) Private entities Nothing in this Act or the amendments made by this Act shall be construed to require any private entity— (1) to request assistance from the Secretary; or (2) that requested such assistance from the Secretary to implement any measure or recommendation suggested by the Secretary. Speaker of the House of Representatives Vice President of the United States and President of the Senate

National Cybersecurity Protection Act of 2014

(This measure has not been amended since it was reported to the Senate on November 20, 2014. The summary of that version is repeated here.) FOIA Improvement Act of 2014 - (Sec. 2) Amends the Freedom of Information Act (FOIA) to: require federal agencies to make their disclosable records and documents available for public inspection in an electronic format; require agencies to make available for inspection in an electronic format records that have been requested at least three times (frequently requested records); prohibit an agency from charging a fee for providing records if the agency misses a deadline for complying with an FOIA request unless unusual circumstances apply; prohibit an agency from withholding information requested under FOIA unless the agency reasonably foresees a specific identifiable harm to an interest protected by an FOIA exemption or disclosure is prohibited by law (presumption of openness); require the Office of Government Information Services to offer mediation services to resolve disputes between agencies and FOIA requesters; require the Government Accountability Office (GAO) to conduct audits of agency compliance with FOIA requirements; expand the authority and duties of the Chief FOIA Officer of each agency for promoting compliance with FOIA disclosure requirements; and establish a Chief FOIA Officers Council to develop recommendations for increasing compliance with FOIA requirements. (Sec. 3) Requires the head of each federal agency to: (1) review agency regulations and issue regulations on procedures for disclosure of records in accordance with the amendments to FOIA made by this Act, and (2) include in such regulations procedures for engaging in dispute resolution through the FOIA Public Liaison and the Office of Government Information Services. (Sec. 4) Expands the program for the efficient management of federal agency records to require agency heads to establish procedures for identifying records of general interest or use to the public that are appropriate for public disclosure and for posting such records in a publicly-accessible electronic format. (Sec. 5) Prohibits the authorization of additional funds to carry out the requirements of this Act.

113 S2520 ES: FOIA Improvement Act of 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 113th CONGRESS 2d Session S. 2520 IN THE SENATE OF THE UNITED STATES AN ACT To improve the Freedom of Information Act. 1. Short title This Act may be cited as the FOIA Improvement Act of 2014 2. Amendments to FOIA Section 552 (1) in subsection (a)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking for public inspection and copying for public inspection in an electronic format (ii) by striking subparagraph (D) and inserting the following: (D) copies of all records, regardless of form or format— (i) that have been released to any person under paragraph (3); and (ii) (I) that because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; or (II) that have been requested not less than 3 times; and ; and (iii) in the undesignated matter following subparagraph (E), by striking public inspection and copying current public inspection in an electronic format current (B) in paragraph (4)(A), by striking clause (viii) and inserting the following: (viii) (I) Except as provided in subclause (II), an agency shall not assess any search fees (or in the case of a requester described under clause (ii)(II) of this subparagraph, duplication fees) under this subparagraph if the agency has failed to comply with any time limit under paragraph (6). (II) (aa) If an agency has determined that unusual circumstances apply (as the term is defined in paragraph (6)(B)) and the agency provided a timely written notice to the requester in accordance with paragraph (6)(B), a failure described in subclause (I) is excused for an additional 10 days. If the agency fails to comply with the extended time limit, the agency may not assess any search fees (or in the case of a requester described under clause (ii)(II) of this subparagraph, duplication fees). (bb) If an agency has determined that unusual circumstances apply and more than 50,000 pages are necessary to respond to the request, an agency may charge search fees (or in the case of a requester described under clause (ii)(II) of this subparagraph, duplication fees) if the agency has provided a timely written notice to the requester in accordance with paragraph (6)(B) and the agency has discussed with the requester via written mail, electronic mail, or telephone (or made not less than 3 good-faith attempts to do so) how the requester could effectively limit the scope of the request in accordance with paragraph (6)(B)(ii). (cc) If a court has determined that exceptional circumstances exist (as that term is defined in paragraph (6)(C)), a failure described in subclause (I) shall be excused for the length of time provided by the court order. ; (C) in paragraph (6)— (i) in subparagraph (A)(i), by striking making such request determination; and making such request of— (I) such determination and the reasons therefor; (II) the right of such person to seek assistance from the FOIA Public Liaison of the agency; and (III) in the case of an adverse determination— (aa) the right of such person to appeal to the head of the agency, within a period determined by the head of the agency that is not less than 90 days after the date of such adverse determination; and (bb) the right of such person to seek dispute resolution services from the FOIA Public Liaison of the agency or the Office of Government Information Services; and ; and (ii) in subparagraph (B)(ii), by striking the agency. the agency, and notify the requester of the right of the requester to seek dispute resolution services from the Office of Government Information Services. (D) by adding at the end the following: (8) (A) An agency— (i) shall— (I) withhold information under this section only if— (aa) the agency reasonably foresees that disclosure would harm an interest protected by an exemption described in subsection (b) or other provision of law; or (bb) disclosure is prohibited by law; and (II) (aa) consider whether partial disclosure of information is possible whenever the agency determines that a full disclosure of a requested record is not possible; and (bb) take reasonable steps necessary to segregate and release nonexempt information; and (ii) may not— (I) withhold information requested under this section merely because the agency can demonstrate, as a technical matter, that the records fall within the scope of an exemption described in subsection (b); or (II) withhold information requested under this section merely because disclosure of the information may be embarrassing to the agency or because of speculative or abstract concerns. (B) Nothing in this paragraph requires disclosure of information that is otherwise prohibited from disclosure by law, or otherwise exempted from disclosure under subsection (b)(3). ; (2) in subsection (b), by amending paragraph (5) to read as follows: (5) inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with the agency, if the requested record or information was created less than 25 years before the date on which the request was made; ; (3) in subsection (e) (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting and to the Director of the Office of Government Information Services United States (ii) in subparagraph (N), by striking and (iii) in subparagraph (O), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: (P) the number of times the agency denied a request for records under subsection (c); and (Q) the number of records that were made available for public inspection in an electronic format under subsection (a)(2). ; (B) by striking paragraph (3) and inserting the following: (3) Each agency shall make each such report available for public inspection in an electronic format. In addition, each agency shall make the raw statistical data used in each report available in a timely manner for public inspection in an electronic format, which shall be made available— (A) without charge, license, or registration requirement; (B) in an aggregated, searchable format; and (C) in a format that may be downloaded in bulk. ; (C) in paragraph (4)— (i) by striking Government Reform and Oversight Oversight and Government Reform (ii) by inserting Homeland Security and Governmental Affairs (iii) by striking April March (D) by striking paragraph (6) and inserting the following: (6) (A) The Attorney General of the United States shall submit to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Judiciary of the Senate, and the President a report on or before March 1 of each calendar year, which shall include for the prior calendar year— (i) a listing of the number of cases arising under this section; (ii) a listing of— (I) each subsection, and any exemption, if applicable, involved in each case arising under this section; (II) the disposition of each case arising under this section; and (III) the cost, fees, and penalties assessed under subparagraphs (E), (F), and (G) of subsection (a)(4); and (iii) a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section. (B) The Attorney General of the United States shall make— (i) each report submitted under subparagraph (A) available for public inspection in an electronic format; and (ii) the raw statistical data used in each report submitted under subparagraph (A) available for public inspection in an electronic format, which shall be made available— (I) without charge, license, or registration requirement; (II) in an aggregated, searchable format; and (III) in a format that may be downloaded in bulk. ; (4) in subsection (g), in the matter preceding paragraph (1), by striking publicly available upon request available for public inspection in an electronic format (5) in subsection (h)— (A) in paragraph (1), by adding at the end the following: The head of the Office shall be the Director of the Office of Government Information Services. (B) in paragraph (2), by striking subparagraph (C) and inserting the following: (C) identify procedures and methods for improving compliance under this section. ; (C) by striking paragraph (3) and inserting the following: (3) The Office of Government Information Services shall offer mediation services to resolve disputes between persons making requests under this section and administrative agencies as a non-exclusive alternative to litigation and may issue advisory opinions at the discretion of the Office or upon request of any party to a dispute. ; and (D) by adding at the end the following: (4) (A) Not less frequently than annually, the Director of the Office of Government Information Services shall submit to the Committee on Oversight and Government Reform of the House of Representatives, the Committee on the Judiciary of the Senate, and the President— (i) a report on the findings of the information reviewed and identified under paragraph (2); (ii) a summary of the activities of the Office of Government Information Services under paragraph (3), including— (I) any advisory opinions issued; and (II) the number of times each agency engaged in dispute resolution with the assistance of the Office of Government Information Services or the FOIA Public Liaison; and (iii) legislative and regulatory recommendations, if any, to improve the administration of this section. (B) The Director of the Office of Government Information Services shall make each report submitted under subparagraph (A) available for public inspection in an electronic format. (C) The Director of the Office of Government Information Services shall not be required to obtain the prior approval, comment, or review of any officer or agency of the United States, including the Department of Justice, the Archivist of the United States, or the Office of Management and Budget before submitting to Congress, or any committee or subcommittee thereof, any reports, recommendations, testimony, or comments, if such submissions include a statement indicating that the views expressed therein are those of the Director and do not necessarily represent the views of the President. (5) The Director of the Office of Government Information Services may directly submit additional information to Congress and the President as the Director determines to be appropriate. (6) Not less frequently than annually, the Office of Government Information Services shall conduct a meeting that is open to the public on the review and reports by the Office and shall allow interested persons to appear and present oral or written statements at the meeting. ; (6) by striking subsections (i), (j), and (k), and inserting the following: (i) The Government Accountability Office shall— (1) not later than 1 year after the date of enactment of the FOIA Improvement Act of 2014 (2) not later than 1 year after the date of enactment of the FOIA Improvement Act of 2014 (3) not later than 1 year after the date of enactment of the FOIA Improvement Act of 2014 (4) submit copies of all reports and audits described in this subsection to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on the Judiciary of the Senate. (j) (1) Each agency shall designate a Chief FOIA Officer who shall be a senior official of such agency (at the Assistant Secretary or equivalent level). (2) The Chief FOIA Officer of each agency shall, subject to the authority of the head of the agency— (A) have agency-wide responsibility for efficient and appropriate compliance with this section; (B) monitor implementation of this section throughout the agency and keep the head of the agency, the chief legal officer of the agency, and the Attorney General appropriately informed of the agency’s performance in implementing this section; (C) recommend to the head of the agency such adjustments to agency practices, policies, personnel, and funding as may be necessary to improve its implementation of this section; (D) review and report to the Attorney General, through the head of the agency, at such times and in such formats as the Attorney General may direct, on the agency’s performance in implementing this section; (E) facilitate public understanding of the purposes of the statutory exemptions of this section by including concise descriptions of the exemptions in both the agency’s handbook issued under subsection (g), and the agency’s annual report on this section, and by providing an overview, where appropriate, of certain general categories of agency records to which those exemptions apply; (F) offer training to agency staff regarding their responsibilities under this section; (G) serve as the primary agency liaison with the Office of Government Information Services and the Office of Information Policy; and (H) designate 1 or more FOIA Public Liaisons. (3) The Chief FOIA Officer of each agency shall review, not less frequently than annually, all aspects of the administration of this section by the agency to ensure compliance with the requirements of this section, including— (A) agency regulations; (B) disclosure of records required under paragraphs (2) and (8) of subsection (a); (C) assessment of fees and determination of eligibility for fee waivers; (D) the timely processing of requests for information under this section; (E) the use of exemptions under subsection (b); and (F) dispute resolution services with the assistance of the Office of Government Information Services or the FOIA Public Liaison. (k) (1) There is established in the executive branch the Chief FOIA Officers Council (referred to in this subsection as the Council (2) The Council shall be comprised of the following members: (A) The Deputy Director for Management of the Office of Management and Budget. (B) The Director of the Office of Information Policy at the Department of Justice. (C) The Director of the Office of Government Information Services. (D) The Chief FOIA Officer of each agency. (E) Any other officer or employee of the United States as designated by the Co-Chairs. (3) The Director of the Office of Information Policy at the Department of Justice and the Director of the Office of Government Information Services shall be the Co-Chairs of the Council. (4) The Administrator of General Services shall provide administrative and other support for the Council. (5) (A) The duties of the Council shall include the following: (i) Develop recommendations for increasing compliance and efficiency under this section. (ii) Disseminate information about agency experiences, ideas, best practices, and innovative approaches related to this section. (iii) Identify, develop, and coordinate initiatives to increase transparency and compliance with this section. (iv) Promote the development and use of common performance measures for agency compliance with this section. (B) In performing the duties described in subparagraph (A), the Council shall consult on a regular basis with members of the public who make requests under this section. (6) (A) The Council shall meet regularly and such meetings shall be open to the public unless the Council determines to close the meeting for reasons of national security or to discuss information exempt under subsection (b). (B) Not less frequently than annually, the Council shall hold a meeting that shall be open to the public and permit interested persons to appear and present oral and written statements to the Council. (C) Not later than 10 business days before a meeting of the Council, notice of such meeting shall be published in the Federal Register. (D) Except as provided in subsection (b), the records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, or other documents that were made available to or prepared for or by the Council shall be made publicly available. (E) Detailed minutes of each meeting of the Council shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the Council. The minutes shall be redacted as necessary and made publicly available. ; and (7) by adding at the end the following: (m) (1) The Director of the Office of Management and Budget, in consultation with the Attorney General, shall ensure the operation of a consolidated online request portal that allows a member of the public to submit a request for records under subsection (a) to any agency from a single website. The portal may include any additional tools the Director of the Office of Management and Budget finds will improve the implementation of this section. (2) This subsection shall not be construed to alter the power of any other agency to create or maintain an independent online portal for the submission of a request for records under this section. The Director of the Office of Management and Budget shall establish standards for interoperability between the portal required under paragraph (1) and other request processing software used by agencies subject to this section. . 3. Review and issuance of regulations (a) In general Not later than 180 days after the date of enactment of this Act, the head of each agency (as defined in section 551 section 552 (b) Requirements The regulations of each agency shall include procedures for engaging in dispute resolution through the FOIA Public Liaison and the Office of Government Information Services. 4. Proactive disclosure through records management Section 3102 (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); and (2) by inserting after paragraph (1) the following: (2) procedures for identifying records of general interest or use to the public that are appropriate for public disclosure, and for posting such records in a publicly accessible electronic format; . 5. No additional funds authorized No additional funds are authorized to carry out the requirements of this Act or the amendments made by this Act. The requirements of this Act and the amendments made by this Act shall be carried out using amounts otherwise authorized or appropriated. Passed the Senate December 8, 2014. Secretary

FOIA Improvement Act of 2014

(This measure has not been amended since it was passed by the Senate on December 8, 2014. The summary of that version is repeated here.) Federal Information Security Modernization Act of 2014 - Amends the Federal Information Security Management Act of 2002 (FISMA) to: (1) reestablish the oversight authority of the Director of the Office of Management and Budget (OMB) with respect to agency information security policies and practices, and (2) set forth authority for the Secretary of Homeland Security (DHS) to administer the implementation of such policies and practices for information systems. Requires the Secretary to develop and oversee implementation of operational directives requiring agencies to implement the Director's standards and guidelines for safeguarding federal information and systems from a known or reasonably suspected information security threat, vulnerability, or risk. Authorizes the Director to revise or repeal operational directives that are not in accordance with the Director's policies. Requires the Secretary (currently, the Director) to ensure the operation of the federal information security incident center (FISIC). Directs the Secretary to administer procedures to deploy technology, upon request by an agency, to assist the agency to continuously diagnose and mitigate against cyber threats and vulnerabilities. Requires the Director's annual report to Congress regarding the effectiveness of information security policies to assess agency compliance with OMB data breach notification procedures. Provides for OMB's information security authorities to be delegated to the Director of National Intelligence (DNI) for certain systems operated by an element of the intelligence community. Directs the Secretary to consult with and consider guidance developed by the National Institute of Standards and Technology (NIST) to ensure that operational directives do not conflict with NIST information security standards. Directs agency heads to ensure that: (1) information security management processes are integrated with budgetary planning; (2) senior agency officials, including chief information officers, carry out their information security responsibilities; and (3) all personnel are held accountable for complying with the agency-wide information security program. Provides for the use of automated tools in agencies' information security programs, including for periodic risk assessments, testing of security procedures, and detecting, reporting, and responding to security incidents. Requires agencies to include offices of general counsel as recipients of security incident notices. Requires agencies to notify Congress of major security incidents within seven days after there is a reasonable basis to conclude that a major incident has occurred. Directs agencies to submit an annual report regarding major incidents to OMB, DHS, Congress, and the Comptroller General (GAO). Requires such reports to include: (1) threats and threat actors, vulnerabilities, and impacts; (2) risk assessments of affected systems before, and the status of compliance of the systems at the time of, major incidents; (3) detection, response, and remediation actions; (4) the total number of incidents; and (5) a description of the number of individuals affected by, and the information exposed by, major incidents involving a breach of personally identifiable information. Authorizes GAO to provide technical assistance to agencies and inspectors general, including by testing information security controls and procedures. Requires OMB to ensure the development of guidance for: (1) evaluating the effectiveness of information security programs and practices, and (2) determining what constitutes a major incident. Directs FISIC to provide agencies with intelligence about cyber threats, vulnerabilities, and incidents for risk assessments. Directs OMB, during the two-year period after enactment of this Act, to include in an annual report to Congress an assessment of the adoption by agencies of continuous diagnostics technologies and other advanced security tools. Requires OMB to ensure that data breach notification policies require agencies, after discovering an unauthorized acquisition or access, to notify: (1) Congress within 30 days, and (2) affected individuals as expeditiously as practicable. Allows the Attorney General, heads of elements of the intelligence community, or the DHS Secretary to delay notice to affected individuals for purposes of law enforcement investigations, national security, or security remediation actions. Requires OMB to amend or revise OMB Circular A-130 to eliminate inefficient and wasteful reporting. Directs the Information Security and Privacy Advisory Board to advise and provide annual reports to DHS.

S2521 ENR: Federal Information Security Modernization 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. 2521 IN THE SENATE OF THE UNITED STATES AN ACT To amend chapter 35 1. Short title This Act may be cited as the Federal Information Security Modernization Act of 2014 2. FISMA reform (a) In general Chapter 35 II Information security 3551. Purposes The purposes of this subchapter are to— (1) provide a comprehensive framework for ensuring the effectiveness of information security controls over information resources that support Federal operations and assets; (2) recognize the highly networked nature of the current Federal computing environment and provide effective governmentwide management and oversight of the related information security risks, including coordination of information security efforts throughout the civilian, national security, and law enforcement communities; (3) provide for development and maintenance of minimum controls required to protect Federal information and information systems; (4) provide a mechanism for improved oversight of Federal agency information security programs, including through automated security tools to continuously diagnose and improve security; (5) acknowledge that commercially developed information security products offer advanced, dynamic, robust, and effective information security solutions, reflecting market solutions for the protection of critical information infrastructures important to the national defense and economic security of the nation that are designed, built, and operated by the private sector; and (6) recognize that the selection of specific technical hardware and software information security solutions should be left to individual agencies from among commercially developed products. 3552. Definitions (a) In general Except as provided under subsection (b), the definitions under section 3502 shall apply to this subchapter. (b) Additional definitions As used in this subchapter: (1) The term binding operational directive (A) is for purposes of safeguarding Federal information and information systems from a known or reasonably suspected information security threat, vulnerability, or risk; (B) shall be in accordance with policies, principles, standards, and guidelines issued by the Director; and (C) may be revised or repealed by the Director if the direction issued on behalf of the Director is not in accordance with policies and principles developed by the Director. (2) The term incident (A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or (B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies. (3) The term information security (A) integrity, which means guarding against improper information modification or destruction, and includes ensuring information nonrepudiation and authenticity; (B) confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and (C) availability, which means ensuring timely and reliable access to and use of information. (4) The term information technology section 11101 (5) The term intelligence community (6) (A) The term national security system (i) the function, operation, or use of which— (I) involves intelligence activities; (II) involves cryptologic activities related to national security; (III) involves command and control of military forces; (IV) involves equipment that is an integral part of a weapon or weapons system; or (V) subject to subparagraph (B), is critical to the direct fulfillment of military or intelligence missions; or (ii) is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. (B) Subparagraph (A)(i)(V) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications). (7) The term Secretary 3553. Authority and functions of the Director and the Secretary (a) Director The Director shall oversee agency information security policies and practices, including— (1) developing and overseeing the implementation of policies, principles, standards, and guidelines on information security, including through ensuring timely agency adoption of and compliance with standards promulgated under section 11331 (2) requiring agencies, consistent with the standards promulgated under such section 11331 and the requirements of this subchapter, to identify and provide information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of— (A) information collected or maintained by or on behalf of an agency; or (B) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency; (3) ensuring that the Secretary carries out the authorities and functions under subsection (b); (4) coordinating the development of standards and guidelines under section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 (5) overseeing agency compliance with the requirements of this subchapter, including through any authorized action under section 11303 (6) coordinating information security policies and procedures with related information resources management policies and procedures. (b) Secretary The Secretary, in consultation with the Director, shall administer the implementation of agency information security policies and practices for information systems, except for national security systems and information systems described in paragraph (2) or (3) of subsection (e), including— (1) assisting the Director in carrying out the authorities and functions under paragraphs (1), (2), (3), (5), and (6) of subsection (a); (2) developing and overseeing the implementation of binding operational directives to agencies to implement the policies, principles, standards, and guidelines developed by the Director under subsection (a)(1) and the requirements of this subchapter, which may be revised or repealed by the Director if the operational directives issued on behalf of the Director are not in accordance with policies, principles, standards, and guidelines developed by the Director, including— (A) requirements for reporting security incidents to the Federal information security incident center established under section 3556; (B) requirements for the contents of the annual reports required to be submitted under section 3554(c)(1); (C) requirements for the mitigation of exigent risks to information systems; and (D) other operational requirements as the Director or Secretary, in consultation with the Director, may determine necessary; (3) monitoring agency implementation of information security policies and practices; (4) convening meetings with senior agency officials to help ensure effective implementation of information security policies and practices; (5) coordinating Government-wide efforts on information security policies and practices, including consultation with the Chief Information Officers Council established under section 3603 and the Director of the National Institute of Standards and Technology; (6) providing operational and technical assistance to agencies in implementing policies, principles, standards, and guidelines on information security, including implementation of standards promulgated under section 11331 (A) operating the Federal information security incident center established under section 3556; (B) upon request by an agency, deploying technology to assist the agency to continuously diagnose and mitigate against cyber threats and vulnerabilities, with or without reimbursement; (C) compiling and analyzing data on agency information security; and (D) developing and conducting targeted operational evaluations, including threat and vulnerability assessments, on the information systems; and (7) other actions as the Director or the Secretary, in consultation with the Director, may determine necessary to carry out this subsection. (c) Report Not later than March 1 of each year, the Director, in consultation with the Secretary, shall submit to Congress a report on the effectiveness of information security policies and practices during the preceding year, including— (1) a summary of the incidents described in the annual reports required to be submitted under section 3554(c)(1), including a summary of the information required under section 3554(c)(1)(A)(iii); (2) a description of the threshold for reporting major information security incidents; (3) a summary of the results of evaluations required to be performed under section 3555; (4) an assessment of agency compliance with standards promulgated under section 11331 (5) an assessment of agency compliance with data breach notification policies and procedures issued by the Director. (d) National security systems Except for the authorities and functions described in subsection (a)(5) and subsection (c), the authorities and functions of the Director and the Secretary under this section shall not apply to national security systems. (e) Department of Defense and Intelligence community systems (1) The authorities of the Director described in paragraphs (1) and (2) of subsection (a) shall be delegated to the Secretary of Defense in the case of systems described in paragraph (2) and to the Director of National Intelligence in the case of systems described in paragraph (3). (2) The systems described in this paragraph are systems that are operated by the Department of Defense, a contractor of the Department of Defense, or another entity on behalf of the Department of Defense that processes any information the unauthorized access, use, disclosure, disruption, modification, or destruction of which would have a debilitating impact on the mission of the Department of Defense. (3) The systems described in this paragraph are systems that are operated by an element of the intelligence community, a contractor of an element of the intelligence community, or another entity on behalf of an element of the intelligence community that processes any information the unauthorized access, use, disclosure, disruption, modification, or destruction of which would have a debilitating impact on the mission of an element of the intelligence community. (f) Consideration (1) In general In carrying out the responsibilities under subsection (b), the Secretary shall consider any applicable standards or guidelines developed by the National Institute of Standards and Technology and issued by the Secretary of Commerce under section 11331 (2) Directives The Secretary shall— (A) consult with the Director of the National Institute of Standards and Technology regarding any binding operational directive that implements standards and guidelines developed by the National Institute of Standards and Technology; and (B) ensure that binding operational directives issued under subsection (b)(2) do not conflict with the standards and guidelines issued under section 11331 (3) Rule of construction Nothing in this subchapter shall be construed as authorizing the Secretary to direct the Secretary of Commerce in the development and promulgation of standards and guidelines under section 11331 (g) Exercise of authority To ensure fiscal and policy consistency, the Secretary shall exercise the authority under this section subject to direction by the President, in coordination with the Director. 3554. Federal agency responsibilities (a) In general The head of each agency shall— (1) be responsible for— (A) providing information security protections commensurate with the risk and magnitude of the harm resulting from unauthorized access, use, disclosure, disruption, modification, or destruction of— (i) information collected or maintained by or on behalf of the agency; and (ii) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency; (B) complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines, including— (i) information security standards promulgated under section 11331 (ii) operational directives developed by the Secretary under section 3553(b); (iii) policies and procedures issued by the Director; and (iv) information security standards and guidelines for national security systems issued in accordance with law and as directed by the President; and (C) ensuring that information security management processes are integrated with agency strategic, operational, and budgetary planning processes; (2) ensure that senior agency officials provide information security for the information and information systems that support the operations and assets under their control, including through— (A) assessing the risk and magnitude of the harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of such information or information systems; (B) determining the levels of information security appropriate to protect such information and information systems in accordance with standards promulgated under section 11331 of title 40, for information security classifications and related requirements; (C) implementing policies and procedures to cost-effectively reduce risks to an acceptable level; and (D) periodically testing and evaluating information security controls and techniques to ensure that they are effectively implemented; (3) delegate to the agency Chief Information Officer established under section 3506 (or comparable official in an agency not covered by such section) the authority to ensure compliance with the requirements imposed on the agency under this subchapter, including— (A) designating a senior agency information security officer who shall— (i) carry out the Chief Information Officer's responsibilities under this section; (ii) possess professional qualifications, including training and experience, required to administer the functions described under this section; (iii) have information security duties as that official's primary duty; and (iv) head an office with the mission and resources to assist in ensuring agency compliance with this section; (B) developing and maintaining an agencywide information security program as required by subsection (b); (C) developing and maintaining information security policies, procedures, and control techniques to address all applicable requirements, including those issued under section 3553 of this title and section 11331 (D) training and overseeing personnel with significant responsibilities for information security with respect to such responsibilities; and (E) assisting senior agency officials concerning their responsibilities under paragraph (2); (4) ensure that the agency has trained personnel sufficient to assist the agency in complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines; (5) ensure that the agency Chief Information Officer, in coordination with other senior agency officials, reports annually to the agency head on the effectiveness of the agency information security program, including progress of remedial actions; (6) ensure that senior agency officials, including chief information officers of component agencies or equivalent officials, carry out responsibilities under this subchapter as directed by the official delegated authority under paragraph (3); and (7) ensure that all personnel are held accountable for complying with the agency-wide information security program implemented under subsection (b). (b) Agency program Each agency shall develop, document, and implement an agency-wide information security program to provide information security for the information and information systems that support the operations and assets of the agency, including those provided or managed by another agency, contractor, or other source, that includes— (1) periodic assessments of the risk and magnitude of the harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the agency, which may include using automated tools consistent with standards and guidelines promulgated under section 11331 (2) policies and procedures that— (A) are based on the risk assessments required by paragraph (1); (B) cost-effectively reduce information security risks to an acceptable level; (C) ensure that information security is addressed throughout the life cycle of each agency information system; and (D) ensure compliance with— (i) the requirements of this subchapter; (ii) policies and procedures as may be prescribed by the Director, and information security standards promulgated under section 11331 (iii) minimally acceptable system configuration requirements, as determined by the agency; and (iv) any other applicable requirements, including standards and guidelines for national security systems issued in accordance with law and as directed by the President; (3) subordinate plans for providing adequate information security for networks, facilities, and systems or groups of information systems, as appropriate; (4) security awareness training to inform personnel, including contractors and other users of information systems that support the operations and assets of the agency, of— (A) information security risks associated with their activities; and (B) their responsibilities in complying with agency policies and procedures designed to reduce these risks; (5) periodic testing and evaluation of the effectiveness of information security policies, procedures, and practices, to be performed with a frequency depending on risk, but no less than annually, of which such testing— (A) shall include testing of management, operational, and technical controls of every information system identified in the inventory required under section 3505(c); (B) may include testing relied on in an evaluation under section 3555; and (C) shall include using automated tools, consistent with standards and guidelines promulgated under section 11331 (6) a process for planning, implementing, evaluating, and documenting remedial action to address any deficiencies in the information security policies, procedures, and practices of the agency; (7) procedures for detecting, reporting, and responding to security incidents, which— (A) shall be consistent with the standards and guidelines described in section 3556(b); (B) may include using automated tools; and (C) shall include— (i) mitigating risks associated with such incidents before substantial damage is done; (ii) notifying and consulting with the Federal information security incident center established in section 3556; and (iii) notifying and consulting with, as appropriate— (I) law enforcement agencies and relevant Offices of Inspector General and Offices of General Counsel; (II) an office designated by the President for any incident involving a national security system; (III) for a major incident, the committees of Congress described in subsection (c)(1)— (aa) not later than 7 days after the date on which there is a reasonable basis to conclude that the major incident has occurred; and (bb) after the initial notification under item (aa), within a reasonable period of time after additional information relating to the incident is discovered, including the summary required under subsection (c)(1)(A)(i); and (IV) any other agency or office, in accordance with law or as directed by the President; and (8) plans and procedures to ensure continuity of operations for information systems that support the operations and assets of the agency. (c) Agency reporting (1) Annual report (A) In general Each agency shall submit to the Director, the Secretary, the Committee on Government Reform, the Committee on Homeland Security, and the Committee on Science of the House of Representatives, the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate, the appropriate authorization and appropriations committees of Congress, and the Comptroller General a report on the adequacy and effectiveness of information security policies, procedures, and practices, including— (i) a description of each major information security incident or related sets of incidents, including summaries of— (I) the threats and threat actors, vulnerabilities, and impacts relating to the incident; (II) the risk assessments conducted under section 3554(a)(2)(A) of the affected information systems before the date on which the incident occurred; (III) the status of compliance of the affected information systems with applicable security requirements at the time of the incident; and (IV) the detection, response, and remediation actions; (ii) the total number of information security incidents, including a description of incidents resulting in significant compromise of information security, system impact levels, types of incident, and locations of affected systems; (iii) a description of each major information security incident that involved a breach of personally identifiable information, as defined by the Director, including— (I) the number of individuals whose information was affected by the major information security incident; and (II) a description of the information that was breached or exposed; and (iv) any other information as the Director or the Secretary, in consultation with the Director, may require. (B) Unclassified report (i) In general Each report submitted under subparagraph (A) shall be in unclassified form, but may include a classified annex. (ii) Access to information The head of an agency shall ensure that, to the greatest extent practicable, information is included in the unclassified version of the reports submitted by the agency under subparagraph (A). (2) Other plans and reports Each agency shall address the adequacy and effectiveness of information security policies, procedures, and practices in management plans and reports. (d) Performance plan (1) In addition to the requirements of subsection (c), each agency, in consultation with the Director, shall include as part of the performance plan required under section 1115 of title 31 a description of— (A) the time periods; and (B) the resources, including budget, staffing, and training, that are necessary to implement the program required under subsection (b). (2) The description under paragraph (1) shall be based on the risk assessments required under subsection (b)(1). (e) Public notice and comment Each agency shall provide the public with timely notice and opportunities for comment on proposed information security policies and procedures to the extent that such policies and procedures affect communication with the public. 3555. Annual independent evaluation (a) In general (1) Each year each agency shall have performed an independent evaluation of the information security program and practices of that agency to determine the effectiveness of such program and practices. (2) Each evaluation under this section shall include— (A) testing of the effectiveness of information security policies, procedures, and practices of a representative subset of the agency's information systems; (B) an assessment of the effectiveness of the information security policies, procedures, and practices of the agency; and (C) separate presentations, as appropriate, regarding information security relating to national security systems. (b) Independent auditor Subject to subsection (c)— (1) for each agency with an Inspector General appointed under the Inspector General Act of 1978, the annual evaluation required by this section shall be performed by the Inspector General or by an independent external auditor, as determined by the Inspector General of the agency; and (2) for each agency to which paragraph (1) does not apply, the head of the agency shall engage an independent external auditor to perform the evaluation. (c) National security systems For each agency operating or exercising control of a national security system, that portion of the evaluation required by this section directly relating to a national security system shall be performed— (1) only by an entity designated by the agency head; and (2) in such a manner as to ensure appropriate protection for information associated with any information security vulnerability in such system commensurate with the risk and in accordance with all applicable laws. (d) Existing evaluations The evaluation required by this section may be based in whole or in part on an audit, evaluation, or report relating to programs or practices of the applicable agency. (e) Agency reporting (1) Each year, not later than such date established by the Director, the head of each agency shall submit to the Director the results of the evaluation required under this section. (2) To the extent an evaluation required under this section directly relates to a national security system, the evaluation results submitted to the Director shall contain only a summary and assessment of that portion of the evaluation directly relating to a national security system. (f) Protection of information Agencies and evaluators shall take appropriate steps to ensure the protection of information which, if disclosed, may adversely affect information security. Such protections shall be commensurate with the risk and comply with all applicable laws and regulations. (g) OMB reports to Congress (1) The Director shall summarize the results of the evaluations conducted under this section in the report to Congress required under section 3553(c). (2) The Director's report to Congress under this subsection shall summarize information regarding information security relating to national security systems in such a manner as to ensure appropriate protection for information associated with any information security vulnerability in such system commensurate with the risk and in accordance with all applicable laws. (3) Evaluations and any other descriptions of information systems under the authority and control of the Director of National Intelligence or of National Foreign Intelligence Programs systems under the authority and control of the Secretary of Defense shall be made available to Congress only through the appropriate oversight committees of Congress, in accordance with applicable laws. (h) Comptroller General The Comptroller General shall periodically evaluate and report to Congress on— (1) the adequacy and effectiveness of agency information security policies and practices; and (2) implementation of the requirements of this subchapter. (i) Assessment technical assistance The Comptroller General may provide technical assistance to an Inspector General or the head of an agency, as applicable, to assist the Inspector General or head of an agency in carrying out the duties under this section, including by testing information security controls and procedures. (j) Guidance The Director, in consultation with the Secretary, the Chief Information Officers Council established under section 3603, the Council of the Inspectors General on Integrity and Efficiency, and other interested parties as appropriate, shall ensure the development of guidance for evaluating the effectiveness of an information security program and practices. 3556. Federal information security incident center (a) In general The Secretary shall ensure the operation of a central Federal information security incident center to— (1) provide timely technical assistance to operators of agency information systems regarding security incidents, including guidance on detecting and handling information security incidents; (2) compile and analyze information about incidents that threaten information security; (3) inform operators of agency information systems about current and potential information security threats, and vulnerabilities; (4) provide, as appropriate, intelligence and other information about cyber threats, vulnerabilities, and incidents to agencies to assist in risk assessments conducted under section 3554(b); and (5) consult with the National Institute of Standards and Technology, agencies or offices operating or exercising control of national security systems (including the National Security Agency), and such other agencies or offices in accordance with law and as directed by the President regarding information security incidents and related matters. (b) National security systems Each agency operating or exercising control of a national security system shall share information about information security incidents, threats, and vulnerabilities with the Federal information security incident center to the extent consistent with standards and guidelines for national security systems, issued in accordance with law and as directed by the President. 3557. National security systems The head of each agency operating or exercising control of a national security system shall be responsible for ensuring that the agency— (1) provides information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of the information contained in such system; (2) implements information security policies and practices as required by standards and guidelines for national security systems, issued in accordance with law and as directed by the President; and (3) complies with the requirements of this subchapter. 3558. Effect on existing law Nothing in this subchapter, section 11331 15 U.S.C. 278g–3 section 552a section 552 . (b) Major incident The Director of the Office of Management and Budget shall— (1) develop guidance on what constitutes a major incident for purposes of section 3554(b) (2) provide to Congress periodic briefings on the status of the developing of the guidance until the date on which the guidance is issued. (c) Continuous diagnostics During the 2 year period beginning on the date of enactment of this Act, the Director of the Office of Management and Budget, with the assistance of the Secretary of Homeland Security, shall include in each report submitted under section 3553(c) (d) Breaches (1) Requirements The Director of the Office of Management and Budget shall ensure that data breach notification policies and guidelines are updated periodically and require— (A) except as provided in paragraph (4), notice by the affected agency to each committee of Congress described in section 3554(c)(1) (i) be provided expeditiously and not later than 30 days after the date on which the agency discovered the unauthorized acquisition or access; and (ii) include— (I) information about the breach, including a summary of any information that the agency knows on the date on which notification is provided about how the breach occurred; (II) an estimate of the number of individuals affected by the breach, based on information that the agency knows on the date on which notification is provided, including an assessment of the risk of harm to affected individuals; (III) a description of any circumstances necessitating a delay in providing notice to affected individuals; and (IV) an estimate of whether and when the agency will provide notice to affected individuals; and (B) notice by the affected agency to affected individuals, pursuant to data breach notification policies and guidelines, which shall be provided as expeditiously as practicable and without unreasonable delay after the agency discovers the unauthorized acquisition or access. (2) National security; law enforcement; remediation The Attorney General, the head of an element of the intelligence community (as such term is defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)), or the Secretary of Homeland Security may delay the notice to affected individuals under paragraph (1)(B) if the notice would disrupt a law enforcement investigation, endanger national security, or hamper security remediation actions. (3) Reports (A) Director of OMB During the first 2 years beginning after the date of enactment of this Act, the Director of the Office of Management and Budget shall, on an annual basis— (i) assess agency implementation of data breach notification policies and guidelines in aggregate; and (ii) include the assessment described in clause (i) in the report required under section 3553(c) of title 44, United States Code. (B) Secretary of Homeland Security During the first 2 years beginning after the date of enactment of this Act, the Secretary of Homeland Security shall include an assessment of the status of agency implementation of data breach notification policies and guidelines in the requirements under section 3553(b)(2)(B) (4) Exception Any element of the intelligence community (as such term is defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)) that is required to provide notice under paragraph (1)(A) shall only provide such notice to appropriate committees of Congress. (5) Rule of construction Nothing in paragraph (1) shall be construed to alter any authority of a Federal agency or department. (e) Technical and conforming amendments (1) Table of sections The table of sections for chapter 35 SUBCHAPTER II—Information security 3551. Purposes. 3552. Definitions. 3553. Authority and functions of the Director and the Secretary. 3554. Federal agency responsibilities. 3555. Annual independent evaluation. 3556. Federal information security incident center. 3557. National security systems. 3558. Effect on existing law. . (2) Cybersecurity Research and Development Act Section 8(d)(1) of the Cybersecurity Research and Development Act ( 15 U.S.C. 7406 section 3534 section 3554 (3) Homeland Security Act of 2002 The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. (A) in section 223 ( 6 U.S.C. 143 (i) in the section heading, by inserting Federal and non-Federal (ii) in the matter preceding paragraph (1), by striking the Under Secretary for Intelligence and Analysis, in cooperation with the Assistant Secretary for Infrastructure Protection the Under Secretary appointed under section 103(a)(1)(H) (iii) in paragraph (2), by striking the period at the end and inserting ; and (iv) by adding at the end the following: (3) fulfill the responsibilities of the Secretary to protect Federal information systems under subchapter II of chapter 35 ; (B) in section 1001(c)(1)(A) ( 6 U.S.C. 511(c)(1)(A) section 3532(3) section 3552(b)(5) (C) in the table of contents in section 1(b), by striking the item relating to section 223 and inserting the following: Sec. 223. Enhancement of Federal and non-Federal cybersecurity. . (4) National Institute of Standards and Technology Act Section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 (A) in subsection (a)(2), by striking section 3532(b)(2) section 3552(b)(5) (B) in subsection (e)— (i) in paragraph (2), by striking section 3532(1) section 3552(b)(2) (ii) in paragraph (5), by striking section 3532(b)(2) section 3552(b)(5) (5) Title 10 Title 10, United States Code, is amended— (A) in section 2222(j)(5), by striking section 3542(b)(2) section 3552(b)(5) (B) in section 2223(c)(3), by striking section 3542(b)(2) section 3552(b)(5) (C) in section 2315, by striking section 3542(b)(2) section 3552(b)(5) (f) Other provisions (1) Circular A–130 Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall amend or revise Office of Management and Budget Circular A–130 to eliminate inefficient or wasteful reporting. The Director of the Office of Management and Budget shall provide quarterly briefings to Congress on the status of the amendment or revision required under this paragraph. (2) ISPAB Section 21(b) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–4(b) (A) in paragraph (2), by inserting , the Secretary of Homeland Security, the Institute (B) in paragraph (3), by inserting the Secretary of Homeland Security, the Secretary of Commerce, Speaker of the House of Representatives Vice President of the United States and President of the Senate

Federal Information Security Modernization Act of 2014

Pathways to Prosperity Act of 2014 - Amends the Carl D. Perkins Career and Technical Education Act to replace specified minimum measures of student attainment in the core indicators of performance for career and technical education students at the secondary level with a measure of the median earnings of students employed during the second quarter after completing a career and technical education program of study in the state. Requires the national research center, established under the Act, to engage in evaluation and technical assistance activities that will assist in: (1) collecting information on the industry-recognized credentials awarded to participants in career and technical education programs, and (2) developing the necessary infrastructure to support the state and local reporting of specified related information. Makes it a responsibility of the state agency involved to establish statewide credit transfer agreements aligned to approved career and technical education programs of study. Requires each local plan for career and technical education programs to describe how the eligible recipient of assistance will partner with business and industry to: (1) identify opportunities for experiential and work-based learning opportunities either in-person or virtually, (2) ensure the career and technical education programs of study are responsive to community and employment demands and meet other specified criteria, and (3) ensure funding under the Act is spent in a coordinated manner with other local resources. Amends the Elementary and Secondary Education Act of 1965 to revise the purpose of grants for demonstration projects of innovative practices to require the projects to show the most promise of enabling the children served to meet rigorous, state-identified college and career readiness standards that address both certain academic content and certain career and technical education content.

113 S2524 IS: Pathways to Prosperity Act of 2014 U.S. Senate 2014-06-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2524 IN THE SENATE OF THE UNITED STATES June 24, 2014 Mr. Warner Mr. Kaine Committee on Health, Education, Labor, and Pensions A BILL To support access to career and technical education programs of study that provide students with education and training combining rigorous academics with technical curricula focused on specific high-skill, high-wage, high-demand and high-growth occupations and industries. 1. Short title This Act may be cited as the Pathways to Prosperity Act of 2014 2. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2301 et seq.). 3. Definitions Section 3 ( 20 U.S.C. 2302 (1) by redesignating paragraphs (6) through (9), (10) through (17), (18), (19), and (20) through (34) as paragraphs (7) through (10), (12) through (19), (21), (22), and (24) through (38), respectively; (2) by inserting after paragraph (5) the following: (6) Career and technical education program of study The term career and technical education program of study (A) contain rigorous, State-identified college and career readiness standards that address both academic and technical content and align to local, regional, or State labor market needs, as identified by employers and labor market information; (B) support attainment of career readiness skills; (C) progress in content specificity (beginning with all aspects of an industry or career cluster leading to more occupationally specific instruction); (D) incorporate multiple entry and exit points with portable demonstrations of technical competency, which may include postsecondary education credits as recognized by credit transfer or articulation agreements or industry-recognized credentials; and (E) culminate in the attainment of an industry-recognized credential, an apprenticeship or postsecondary certificate, or an associate or baccalaureate degree. ; (3) by inserting after paragraph (10), as redesignated by paragraph (1) of this section, the following: (11) Credit transfer agreement The term ‘credit transfer agreement’ refers to an opportunity for secondary students to be awarded transcripted postsecondary credit, supported with formal agreements among secondary and postsecondary education systems, such as dual enrollment, dual credit, 2-year to 4-year college articulation agreements, or articulated credit, which may include credit awarded for performance on technical assessments. ; (4) by inserting after paragraph (19), as redesignated by paragraph (1) of this section, the following: (20) Industry-recognized credential The term ‘industry-recognized credential’ means a credential that— (A) is sought or accepted by employers within the industry or sector involved as a recognized, preferred, or required credential for recruitment, screening, hiring, retention or advancement purposes; and (B) if appropriate, is endorsed by a nationally recognized trade association or organization representing a significant part of the industry or sector. ; and (5) by inserting after paragraph (22), as redesignated by paragraph (1) of this section, the following: (23) Labor market information The term labor market information (A) pertains to labor markets for the purposes of determining the supply of, and demand for, labor and related skills and competencies; and (B) supports students, job seekers, employers, developers of curricula, and other relevant stakeholders in understanding labor market and economic trends to help make informed labor market decisions. . 4. Accountability Section 113(b)(2) of the Carl D. Perkins Career and Technical Education Act ( 20 U.S.C. 2323(b)(2) (1) in subparagraph (A), by striking clause (vi); and (2) in subparagraph (B), by striking clause (v) and inserting the following: (v) the median earnings of students who are employed during the second quarter after completing a career and technical education program of study in the State. The Secretary shall, consistent with State law, ensure that the necessary wage records are available to enable eligible agencies to collect data relating to this State performance measure. . 5. National Activities Section 114(d)(4)(A) ( 20 U.S.C. 2324 (1) by redesignating clause (iv) as clause (v); (2) in clause (iii), by striking and (3) by inserting after clause (iii) the following: (iv) to engage in evaluation and technical assistance activities that will assist in— (I) collecting information on the industry-recognized credentials awarded to participants in career and technical education programs of study, including— (aa) the name of such industry-recognized credentials; (bb) the awarding body; (cc) the duration of the program of study for the credential; and (dd) the number of such participants receiving the credential; and (II) developing the necessary infrastructure to support the State and local reporting of information described in subclause (I), including through activities such as establishing— (aa) data sharing agreements with State licensing agencies and with industry associations and employers who award certifications or other industry-recognized credentials; (bb) a consistent reporting method across States; and (cc) a collection system to process reports in a timely fashion; and . 6. State Leadership Activities Section 124(b) ( 20 U.S.C. 2341(a) (1) in paragraph (8), by striking and (2) in paragraph (9) by striking the period at the end and inserting ; and (3) by adding at the end the following: (10) establishing statewide credit transfer agreements aligned to approved career and technical education programs of study. . 7. Local Plan for Career and Technical Education Programs Section 134(b) ( 20 U.S.C. 2354(b) (1) in paragraph (11), by striking and (2) in paragraph (12) by striking the period at the end and inserting ; and (3) by adding at the end the following: (13) describe how the eligible recipient will partner with business and industry to— (A) identify opportunities for experiential and work-based learning opportunities either in-person or virtually; (B) ensure career and technical education programs of study are responsive to community and employment demands and are— (i) aligned with employment priorities in the State, regional, or local economy identified by employers and other relevant stakeholders identified in section 134(b)(5); (ii) informed by labor market information; and (iii) designed to meet current, intermediate, and long term labor market projections; (C) ensure funding under this Act is spent in a coordinated manner with other local resources. . 8. Amendment to the Elementary and Secondary Education Act of 1965 Section 1502(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6492(a) challenging State academic content standards and challenging State student academic achievement standards rigorous, State-identified college and career readiness standards that address both academic content and career and technical education content identified under section 113(b)(2)(A)(ii) of the Carl D. Perkins Career and Technical Education Act.

Pathways to Prosperity Act of 2014

Commonsense Legislative Exceptional Events Reforms Act of 2014 - Amends the Clean Air Act to revise the requirements for regulations that govern the review and handling of air quality monitoring data influenced by exceptional events. (The Environmental Protection Agency [EPA] may exclude monitored exceedances of the National Ambient Air Quality Standards from consideration when designating an area as nonattainment, redesignating an area as nonattainment, or reclassifying an existing nonattainment area to a higher classification if a state demonstrates that an exceptional event caused the exceedances.) Requires the criteria used to determine if an exceptional event was demonstrated to be specific in order to minimize the discretion of the EPA in approving or disapproving the demonstration. Requires the EPA to make a determination within 90 days after the submission of a petition by a state of an exceptional event demonstration. Considers the demonstration approved if the EPA does not make a determination by that deadline. Requires a determination to be based on a preponderance of the evidence and to accord substantial deference to the findings of the state exceptional event demonstration. Establishes an appeal process for reviewing a disapproval of a demonstration.

113 S2526 IS: Commonsense Legislative Exceptional Events Reforms Act of 2014 U.S. Senate 2014-06-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2526 IN THE SENATE OF THE UNITED STATES June 25, 2014 Mr. Flake Mr. McCain Mr. Risch Mr. Crapo Mr. Inhofe Mr. Sessions Mr. Johnson of Wisconsin Mr. Vitter Mr. Hatch Mr. Cornyn Mr. Thune Committee on Environment and Public Works A BILL To amend the Clean Air Act with respect to exceptional event demonstrations, and for other purposes. 1. Short title This Act may be cited as the Commonsense Legislative Exceptional Events Reforms Act of 2014 2. Clean Air Act exceptional events Section 319(b) of the Clean Air Act ( 42 U.S.C. 7619(b) (1) in paragraph (1)(B)— (A) in clause (i), by inserting or (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii); and (2) in paragraph (3)— (A) in subparagraph (B)(iv), by striking to petition the Administrator to to submit a petition (in this section referred to as an exceptional event demonstration (B) by adding at the end the following: (C) Criteria for determination of exceptional event demonstration (i) In general The criteria for evidence, analyses, and documentation applicable to approval or disapproval of an exceptional event demonstration under the regulations under this section shall be stated with specificity in order to minimize the discretion of the Administrator in approving or disapproving that demonstration. (ii) State participation The Administrator shall develop the criteria in conjunction with input from the States. (iii) Contents The criteria shall reflect the varying levels of technical expertise and resources available in State and local agencies and the varying availability of meteorological and other monitoring data in rural areas, and may vary with respect to different regions. (iv) Considerations In developing the criteria, the Administrator shall consider the use of an expedited or streamlined approval process and conditions under which exceptional event demonstrations may be suitable for such a process. (D) Timing of determination of exceptional event demonstration (i) Deadline for determination (I) In general Not later than 90 days after submission of an exceptional event demonstration, the Administrator shall approve, disapprove, or request additional information from a State regarding the exceptional event demonstration. (II) Administration If the Administrator does not approve, disapprove, or request additional information relating to an exceptional event demonstration within the 90-day period described in subclause (I), the demonstration shall be considered to be approved on the day after the date on which that 90-day period ends. (ii) Deadline if additional information requested (I) In general If the Administrator requests additional information from a State regarding an exceptional event demonstration under clause (i), not later than 90 days after the submission of that additional information, the Administrator shall approve or disapprove the demonstration. (II) Administration If the Administrator does not approve or disapprove a demonstration for which additional information is submitted within the 90-day period described in subclause (I), the demonstration shall be considered to be approved. (E) Burden of proof The regulations promulgated under this section shall provide that— (i) a determination by the Administrator with respect to approval or disapproval of an exceptional event demonstration be based on a preponderance of the evidence; and (ii) in making a determination, the Administrator— (I) shall accord substantial deference to the findings of the State exceptional event demonstration; and (II) may develop and use analyses and consider evidence not provided in the exceptional event demonstration, subject to the condition that the analyses are developed by the Environmental Protection Agency. (F) Appeals (i) Disapproval (I) In general Subject to subclause (II), disapproval by the Administrator of an exceptional event demonstration shall be considered final action subject to judicial review under section 307(b). (II) Limitation Notwithstanding subclause (I), disapproval by the Administrator of an exceptional event demonstration shall only be subject to appeal by the State that submitted the exceptional event demonstration. (ii) Approval Approval by the Administrator of an exceptional event demonstration shall not be subject to appeal or other judicial action. . 3. Revision of regulations After providing for a notice and comment period, but not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall revise the regulations under section 319(b) of the Clean Air Act ( 42 U.S.C. 7619(b)

Commonsense Legislative Exceptional Events Reforms Act of 2014

Summer Meals Act of 2014 - Amends the Richard B. Russell National School Lunch Act to redefine "areas in which poor economic conditions exist," where the summer food service program for children may operate, as areas in which at least 40% (currently, 50%) of the children have been determined to be eligible for free or reduced price school meals under the school lunch and breakfast programs. Reimburses service institutions (other than school food authorities) for up to one meal and one snack per child each day during after-school hours, weekends, and school holidays during the regular school calendar. (Currently, such institutions are reimbursed for meals and snacks served to children over the summer months or to children who are on vacation under a continuous school calendar.) Authorizes the Secretary of Agriculture (USDA) to award competitive grants to service institutions to increase participation in the summer food service program for children at congregate feeding sites through innovative approaches to limited transportation and mobile meal trucks. Allows service institutions that are participating in the summer food service program for children to serve up to three meals, or two meals and one snack, during each day of operation. (Currently, this option is reserved for camps and service institutions that serve meals primarily to migrant children.)

113 S2527 IS: Summer Meals Act of 2014 U.S. Senate 2014-06-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2527 IN THE SENATE OF THE UNITED STATES June 25, 2014 Mrs. Gillibrand Ms. Murkowski Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to improve the efficiency of summer meals. 1. Short title This Act may be cited as the Summer Meals Act of 2014 2. Summer food service program for children (a) Better integrate summer education and summer meals program Section 13(a)(1)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(1)(A)(i)) is amended by striking 50 percent 40 percent (b) Reduce red tape for public-Private partnerships Section 13(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a) (8) Year-round meal service (A) Seamless summer option for schools Except as otherwise determined by the Secretary, a service institution that is a public or private nonprofit school food authority may provide summer or school vacation food service in accordance with applicable provisions of law governing the school lunch program established under this Act or the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). (B) Year-round meal service for other service institutions Each service institution (other than a service institution described in subparagraph (A)), in addition to being eligible for reimbursement for meals described in subsection (b)(2) served during each day of operation during the periods described in subsection (c)(1), may be reimbursed for up to 1 meal and 1 snack per child served during each day of operation during— (i) afterschool hours; (ii) weekends; and (iii) school holidays during the regular school calendar. . (c) Improve nutrition in underserved, hard-to-Reach areas Section 13(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a) (1) by striking paragraphs (9) and (10) and inserting the following: (9) Improve nutrition in underserved, hard-to-reach areas (A) In general Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this paragraph, the Secretary may award competitive grants to service institutions selected by the Secretary to increase participation in the program at congregate feeding sites through— (i) innovative approaches to limited transportation; and (ii) mobile meal trucks. (B) Eligibility To be selected to receive a grant under this paragraph, a service institution— (i) may be located in any State; and (ii) shall— (I) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (II) meet criteria established by the Secretary; and (III) agree to the terms and conditions of the grant, as established by the Secretary. (C) Priority In awarding grants under this paragraph, the Secretary shall give priority to service institutions that— (i) serve both breakfast and lunch; or (ii) offer educational or enrichment programs. (D) Travel reimbursement A service institution that receives a grant under subparagraph (A)(i) may use grant funds to provide reimbursement for travel to satellite congregate feeding sites. (E) Authorization of appropriations There is authorized to be appropriated to the Secretary to make competitive grants under this paragraph $10,000,000 for each fiscal year. ; and (2) by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively. (d) Third meal Section 13(b)(2) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(b)(2) only serve lunch migrant children may

Summer Meals Act of 2014

Strengthening Investigations of Missing Children Act of 2014 - Amends the federal judicial code to authorize the United States Marshals Service to assist state, local, and other federal law enforcement agencies, upon request, in locating and recovering missing children.

113 S2528 IS: Strengthening Investigations of Missing Children Act of 2014 U.S. Senate 2014-06-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2528 IN THE SENATE OF THE UNITED STATES June 25, 2014 Mr. Whitehouse Mr. Sessions Committee on the Judiciary A BILL To clarify the authority of the United States Marshals Service to assist other Federal, State, and local law enforcement agencies in the investigation of cases involving missing children. 1. Short title This Act may be cited as the Strengthening Investigations of Missing Children Act of 2014 2. Clarification of authority of the United States Marshals Service Section 566(e)(1) (1) in subparagraph (B), by striking and (2) in subparagraph (C), by striking the period at the end and inserting ; and (3) by inserting after subparagraph (C), the following: (D) assist State, local, and other Federal law enforcement agencies, upon the request of such an agency, in locating and recovering missing children. .

Strengthening Investigations of Missing Children Act of 2014

National All Schedules Prescription Electronic Reporting Reauthorization Act of 2014 - Amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of such Act to foster the establishment of state-administered controlled substance monitoring systems in order to ensure that appropriate law enforcement, regulatory, and state professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists. Amends the Public Health Service Act to revise and update the controlled substance monitoring program, including to: allow grants to be used to maintain and operate existing state controlled substance monitoring programs, require submission by a state of a plan to apply the latest advances in health information technology to incorporate prescription drug monitoring program data directly into the workflow of prescribers and dispensers, require timelines and descriptions for implementation of interoperability for purposes of information sharing with a bordering state that already operates a monitoring program, require health information interoperability standards to be consistent with at least one health information technology system, require the Secretary of Health and Human Services (HHS) to redistribute any funds that are returned among the remaining grantees, require a state to provide the Secretary with aggregate data and other information to enable the Secretary to evaluate the success of the state's program and to submit a progress report to Congress, and expand the program to include any commonwealth or territory of the United States. Authorizes the Drug Enforcement Administration (DEA) or a state Medicaid program or health department receiving nonidentifiable information from a controlled substance monitoring database to make such information available to other entities for research purposes. Requires a state receiving a grant to: (1) facilitate prescriber and dispenser use of the state's controlled substance monitoring system, and (2) educate prescribers and dispensers on the benefits of the system both to them and society. Removes the preferences for grants related to drug abuse for states with approved applications to implement controlled substances monitoring programs. Revises requirements for studies on progress to include assessment of the effects upon linkages to substance abuse disorder services and interoperability with health information technology systems.

113 S2529 IS: National All Schedules Prescription Electronic Reporting Reauthorization Act of 2014 U.S. Senate 2014-06-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2529 IN THE SENATE OF THE UNITED STATES June 25, 2014 Mrs. Shaheen Mr. Toomey Mr. Durbin Mr. Sessions Committee on Health, Education, Labor, and Pensions A BILL To amend and reauthorize the controlled substance monitoring program under section 399O of the Public Health Service Act. 1. Short title This Act may be cited as the National All Schedules Prescription Electronic Reporting Reauthorization Act of 2014 2. Amendment to purpose Paragraph (1) of section 2 of the National All Schedules Prescription Electronic Reporting Act of 2005 ( Public Law 109–60 (1) foster the establishment of State-administered controlled substance monitoring systems in order to ensure that— (A) health care providers have access to the accurate, timely prescription history information that they may use as a tool for the early identification of patients at risk for addiction in order to initiate appropriate medical interventions and avert the tragic personal, family, and community consequences of untreated addiction; and (B) appropriate law enforcement, regulatory, and State professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists; and . 3. Amendments to controlled substance monitoring program Section 399O of the Public Health Service Act ( 42 U.S.C. 280g–3 (1) in subsection (a)(1)— (A) in subparagraph (A), by striking or (B) in subparagraph (B), by striking the period at the end and inserting ; or (C) by adding at the end the following: (C) to maintain and operate an existing State-controlled substance monitoring program. ; (2) by amending subsection (b) to read as follows: (b) Minimum requirements The Secretary shall maintain and, as appropriate, supplement or revise (after publishing proposed additions and revisions in the Federal Register and receiving public comments thereon) minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A). ; (3) in subsection (c)— (A) in paragraph (1)(B)— (i) in the matter preceding clause (i), by striking (a)(1)(B) (a)(1)(B) or (a)(1)(C) (ii) in clause (i), by striking program to be improved program to be improved or maintained (iii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (iv) by inserting after clause (ii), the following: (iii) a plan to apply the latest advances in health information technology in order to incorporate prescription drug monitoring program data directly into the workflow of prescribers and dispensers to ensure timely access to patients’ controlled prescription drug history; ; (v) in clause (iv) (as so redesignated), by inserting before the semicolon the following: and at least one health information technology system such as electronic health records, health information exchanges, and e-prescribing systems (vi) in clause (v) (as so redesignated), by striking public health public health or public safety (B) in paragraph (3)— (i) by striking If a State that submits (A) In general If a State that submits ; (ii) by inserting before the period at the end and include timelines for full implementation of such interoperability. The State shall also describe the manner in which it will achieve interoperability between its monitoring program and health information technology systems, as allowable under State law, and include timelines for the implementation of such interoperability (iii) by adding at the end the following: (B) Monitoring of efforts The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A). ; (C) in paragraph (5)— (i) by striking implement or improve establish, improve, or maintain (ii) by adding at the end the following: The Secretary shall redistribute any funds that are so returned among the remaining grantees under this section in accordance with the formula described in subsection (a)(2)(B). (4) in subsection (d)— (A) in the matter preceding paragraph (1)— (i) by striking In implementing or improving (a)(1)(B) In establishing, improving, or maintaining a controlled substance monitoring program under this section, a State shall comply, or with respect to a State that applies for a grant under subparagraph (B) or (C) of subsection (a)(1) (ii) by striking public health public health or public safety (B) by adding at the end the following: (5) The State shall report on interoperability with the controlled substance monitoring program of Federal agencies, where appropriate, interoperability with health information technology systems such as electronic health records, health information exchanges, and e-prescribing, where appropriate, and whether or not the State provides automatic, real-time or daily information about a patient when a practitioner (or the designee of a practitioner, where permitted) requests information about such patient. ; (5) in subsections (e), (f)(1), and (g), by striking implementing or improving establishing, improving, or maintaining (6) in subsection (f)— (A) in paragraph (1)(B) by striking misuse of a schedule II, III, or IV substance misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act (B) by adding at the end the following: (3) Evaluation and reporting Subject to subsection (g), a State receiving a grant under subsection (a) shall provide the Secretary with aggregate data and other information determined by the Secretary to be necessary to enable the Secretary— (A) to evaluate the success of the State’s program in achieving its purposes; or (B) to prepare and submit the report to Congress required by subsection (k)(2). (4) Research by other entities A department, program, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes. ; (7) by striking subsection (k); (8) by redesignating subsections (h) through (j) as subsections (i) through (k), respectively; (9) in subsections (c)(1)(A)(iv) and (d)(4), by striking subsection (h) subsection (i) (10) by inserting after subsection (g) the following: (h) Education and access to the monitoring system A State receiving a grant under subsection (a) shall take steps to— (1) facilitate prescriber and dispenser use of the State’s controlled substance monitoring system; and (2) educate prescribers and dispenser on the benefits of the system both to them and society. ; (11) in subsection (k)(2)(A), as redesignated— (A) in clause (ii), by striking or affected , established or strengthened initiatives to ensure linkages to substance use disorder services, or affected (B) in clause (iii), by striking including an assessment between controlled substance monitoring programs and health information technology systems, and including an assessment (12) in subsection (l)(1), by striking establishment, implementation, or improvement establishment, improvement, or maintenance (13) in subsection (m)(8), by striking and the District of Columbia , the District of Columbia, and any commonwealth or territory of the United States (14) by amending subsection (n), to read as follows: (o) Authorization of appropriations To carry out this section, there are authorized to be appropriated $7,000,000 for each of fiscal years 2014 through 2018. .

National All Schedules Prescription Electronic Reporting Reauthorization Act of 2014

Better Options for Kids Act of 2014 - Amends the Public Health Service Act to direct the Administrator of the Substance Abuse and Mental Health Services Administration, in awarding priority mental health needs grants to programs for youth involved in, or at risk of becoming involved in, the criminal justice system, to give preference to states that: (1) demonstrate greater educational continuity, lower rates of juvenile court involvement, and reduced recidivism through implementation of certain evidence-based policies; (2) demonstrate partnerships through which the state will establish a coordinated process for service delivery and develop the ability to share information and which involve interagency agreements or strategic plans; and (3) have certified a commitment to such partnerships and to the state's responsibility for the desired results. Terminates such grant preference five years after enactment of this Act. Requires a state, to receive such preference, to demonstrate that it has implemented, or will use grant funds to implement, evidence-based policies under which the state: provides or funds training for local educational agencies (LEAs) in the use of discipline and positive school climate strategies that minimize the use of suspensions, expulsions, and other actions that remove students from instruction and that show evidence of effectiveness for improving the learning environment; requires or provides incentives to LEAs to execute with any law enforcement agency that assigns officers to schools a collaborative agreement that prohibits the involvement of such officers in regular student disciplinary matters and describes their roles and responsibilities; prohibits or limits court referrals for juvenile school-based status offenses; has shifted, or has a plan to shift, significant funding formerly dedicated to secure detention of minors into community-based alternatives to incarceration; and has adopted, or will adopt, a reentry policy to ensure that youth in correctional facilities can continue their education immediately and without delay upon release by providing for prompt re-enrollment.

113 S2531 IS: Better Options for Kids Act of 2014 U.S. Senate 2014-06-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2531 IN THE SENATE OF THE UNITED STATES June 25, 2014 Mr. Murphy Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To reward and incentivize evidence-based State policies that improve educational continuity and limit juvenile court involvement and incarceration for youth through a priority in awarding certain competitive grants offered by the Substance Abuse and Mental Health Services Administration. 1. Short title This Act may be cited as the Better Options for Kids Act of 2014 2. Juvenile justice Section 520A of the Public Health Service Act ( 42 U.S.C. 290bb–32 (g) Preference for juvenile justice programs (1) In general In awarding competitive grants under this section to programs for youth involved in the criminal justice system or youth at risk of becoming involved in the criminal justice system, the Secretary, acting through the Administrator and in consultation with the Director of the Office of Safe and Healthy Students of the Department of Education and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, shall give preference to applications from— (A) States that— (i) demonstrate greater educational continuity, lower rates of juvenile court involvement, and reduced recidivism, by implementing, or planning to use the grant funds to implement, the required evidence-based policies described in paragraph (2); (ii) demonstrate existing partnerships or proposed partnerships— (I) through which the State will establish a coordinated process for service delivery and develop the ability to share information; (II) that involve interagency agreements or strategic plans; and (III) established through a memorandum of understanding or strategic plan signed by State, tribal, and local agency partners, as applicable, articulating the commitment of the partners to a system of shared accountability and contributions to achieving and measuring specific desired results; (iii) have certified, through the chief executive officer of the State, a commitment to the partnerships described in clause (ii) and the responsibility of the State for the specific desired results of such partnerships; and (B) entities within such States. (2) Required evidence-based policies To receive the preference under paragraph (1), a State or entity shall demonstrate through the grant application that the State, or, in the case of an application from an entity described in paragraph (1)(B), the State in which such entity is located and provides services, has implemented, or will use the grant funds to implement the following evidence-based policies: (A) The State provides training or funds training for local educational agencies in the use of discipline strategies and positive school climate strategies that minimize the use of suspensions, expulsions, and other actions that remove students from instruction and that show evidence of effectiveness for improving the learning environment in the school, including schoolwide positive behavioral interventions and supports. (B) The State requires or provides incentives to local educational agencies (as defined under section 9101 of the Elementary and Secondary Education Act) to execute a written memorandum of understanding or other type of collaborative agreement with any law enforcement agency that assigns school resource officers or other officers assigned to schools prohibiting the involvement of such officers in regular student disciplinary matters and sets forth a description of the roles and responsibilities of the officers on school grounds. (C) The State prohibits or limits court referrals for juvenile school-based status offenses, including cases involving a valid court order. (D) The State has shifted, or has a plan to shift, significant funding formerly dedicated to secure detention of minors into community-based alternatives to incarceration. (E) The State has adopted, or will adopt, a reentry policy to ensure that youth in correctional facilities can continue their education immediately and without delay upon release from such facilities by providing for prompt reenrollment into the most appropriate grade or educational setting based on their individual needs and designed to maximize their educational success. (3) Report Not later than 90 days after the date of enactment of the Better Options for Kids Act of 2014 (4) Sunset The application preference under this subsection shall cease to have force and effect 5 years after the date of enactment of this section. .

Better Options for Kids Act of 2014

Agency PAYGO for Greenhouse Gases Act - Requires the Environmental Protection Agency (EPA) to include an offset in any proposed rule that limits greenhouse gas emissions and imposes increased costs on other agencies. Requires the offset to be from funds available to the EPA and for all projected increased costs imposed on other agencies. Prohibits agencies from passing on the cost imposed by the rule on to any rate payer of the agencies.

113 S2533 IS: Agency PAYGO for Greenhouse Gases Act U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2533 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. Flake Mr. McCain Mr. Risch Mr. Crapo Mr. Johnson of Wisconsin Mr. Coats Mr. Johanns Mr. Thune Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to include in any proposed rule that limits greenhouse gas emissions and imposes increased costs on other Federal agencies an offset from funds available to the Administrator for all projected increased costs that the proposed rule would impose on other Federal agencies. 1. Short title This Act may be cited as the Agency PAYGO for Greenhouse Gases Act 2. Offsets for increased costs to Federal agencies for regulations limiting greenhouse gas emissions (a) In general If the Administrator of the Environmental Protection Agency proposes a rule that limits greenhouse gas emissions and imposes increased costs on one or more other Federal agencies, the Administrator shall include in the proposed rule an offset from funds available to the Administrator for all projected increased costs that the proposed rule would impose on other Federal agencies. (b) No offsets If the Administrator proposes a rule that limits greenhouse gas emissions and imposes increased costs on one or more other Federal agencies but does not provide an offset in accordance with paragraph (1), the Administrator may not finalize the rule until the promulgation of the final rule is approved by law. (c) Restriction Notwithstanding any other provision of law, if the Administrator of the Environmental Protection Agency proposes a rule described in subsection (a)— (1) a Federal agency on which the rule imposes increased costs may not pass the costs imposed by the rule on to any rate payer of the Federal agency; and (2) the proposed rule— (A) shall be considered to be a rule that imposes increased costs on a Federal agency; and (B) shall be subject to this section.

Agency PAYGO for Greenhouse Gases Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Department of Homeland Security Appropriations Act, 2015 - Makes appropriations for the Department of Homeland Security (DHS) for FY2015. Title I: Departmental Management and Operations - Makes appropriations for: (1) the Office of the Secretary of Homeland Security and executive management, (2) the Office of the Under Secretary for Management, (3) the Office of the Chief Financial Officer, (4) the Office of the Chief Information Officer, (5) intelligence analysis and operations coordination activities, and (6) the Office of the Inspector General. Title II: Security, Enforcement, and Investigations - Makes appropriations for: (1) U.S. Customs and Border Protection (CBP), including for border security fencing, infrastructure, and technology; (2) U.S. Immigration and Customs Enforcement (ICE), including to reimburse other federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United States, to identify and remove from the United States aliens convicted of a crime once they are judged deportable, and for detention and removal operations, including transportation of unaccompanied minor aliens; (3) the Transportation Security Administration (TSA), including for civil aviation security services (including explosives detection systems), surface transportation security activities, the development and implementation of intelligence and vetting activities, and transportation security support; (4) U.S. Coast Guard; and (5) U.S. Secret Service. Requires: (1) the Border Patrol to maintain an active duty presence of not less than 21,370 full-time equivalent agents protecting U.S. borders in FY2015; (2) ICE funding to maintain a level of not less than 34,000 detention beds through September 30, 2015; and (3) the TSA Administrator to submit a semiannual report updating information on a strategy to increase the number of air passengers eligible for expedited screening. Title III: Protection, Preparedness, Response, and Recovery - Makes appropriations for FY2015 for: (1) the National Protection and Programs Directorate, including for the Federal Protective Service (FPS) and the Office of Biometric Identity Management; (2) the Office of Health Affairs, including for BioWatch operations; and (3) the Federal Emergency Management Agency (FEMA), including for grants for state and local programs (including the Urban Area Security Initiative), firefighter assistance grants, emergency management performance grants, the U.S. Fire Administration, disaster relief, the flood hazard mapping and risk analysis program, the National Flood Insurance Fund, the predisaster mitigation grant program, and the emergency food and shelter program. Requires the revenues and collections of security fees credited to the account of FPS to be available until expended for necessary expenses related to the protection of federally owned and leased buildings and for the operations of FPS, provided that the Secretary of DHS and the Director of the Office of Management and Budget (OMB) shall certify in writing to the House and Senate Appropriations Committees, not later than 60 days after this Act's enactment, that FPS operations will be fully funded in FY2015 through revenues and collection of security fees. Requires the Director of FPS to include with the submission of the President's FY2016 budget a strategic human capital plan that aligns fee collections to personnel requirements based on a current threat assessment. Title IV: Research and Development, Training, and Services - Makes appropriations for FY2015 for: (1) U.S. Citizenship and Immigration Services (CIS), including for the E-Verify program; (2) the Federal Law Enforcement Training Center (FLETC); (3) the Office of the Under Secretary for Science and Technology; and (4) the Domestic Nuclear Detection Office. Prohibits the use of funds made available in this Act for grants for immigrant integration to provide services to aliens who have not been lawfully admitted for permanent residence. Title V: General Provisions - (Sec. 501) Sets forth limitations and prohibitions on the availability, use, reprogramming, or transfer of funds for specified programs and activities under this Act. (Sec. 512) Prohibits the use of funds available in this Act to amend the oath of allegiance required under the Immigration and Nationality Act (INA). (Sec. 521) Prohibits the use of funds by CIS to grant an immigration benefit unless the results of required background checks have been received and do not preclude granting the benefit. (Sec. 524) Prohibits the use of funds provided in this or any other Act to approve a waiver of the navigation and vessel-inspection laws for the transportation of crude oil distributed from the Strategic Petroleum Reserve until the Secretary of DHS takes adequate measures to ensure the use of U.S. flag vessels. (Sec. 525) Prohibits the use of funds for CBP to prevent an individual from importing a prescription drug from Canada if: (1) such individual is not in the business of importing a prescription drug; and (2) such drug complies with specified provisions of the Federal Food, Drug, and Cosmetic Act and is not a controlled substance or a biological product. Makes this section applicable only to individuals transporting on their person a personal-use quantity of the prescription drug, not exceeding a 90-day supply. (Sec. 526) Prohibits the use of funds made available in this Act: (1) to reduce the Coast Guard's Operations Systems Center mission or its government-employed or contract staff levels; (2) for planning, testing, piloting, or developing a national identification card; (3) to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions, of Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces, or who is or was held on or after June 24, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba, by the Department of Defense (DOD); or (4) to employ unauthorized aliens. (Sec. 536) Requires any company that collects or retains personal information directly from any individual who participates in TSA's Registered Traveler or successor program to safeguard and dispose of such information in accordance with specified requirements. (Sec. 546) Requires the DHS Secretary to ensure enforcement of immigration laws. (Sec. 547) Requires a specified amount of the funds made available for the Federal Network Security Program to be used to deploy federal systems technology to improve the information security of agency information systems, including to assist and support government-wide and agency-specific efforts to provide adequate, risk-based, and cost-effective cybersecurity. (Sec. 549) Prohibits funds made available under this Act from being used: (1) by a federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the officer knows or suspects that the individual is an agent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm at all times, or (2) to implement the National Preparedness Grant Program unless explicitly authorized by Congress. (Sec. 551) Authorizes the Secretary to accept donations of real and personal property (including monetary donations) and nonpersonal services from private parties and state and local governments for purposes of constructing, altering, operating, or maintaining, or equipping a new or existing land port of entry facility. (Sec. 552) Prohibits the use of funds under this Act to pay for the travel to or attendance of more than 50 employees of a single component of DHS, who are stationed in the United States, at a single international conference unless the Deputy Secretary or a designee determines that such attendance is in the national interest and notifies the Senate and House Appropriations Committees within at least 10 days of that determination and its basis. (Sec. 554) Prohibits the use of funds made available in this Act for new CBP air preclearance agreements entering into force after February 1, 2014 (with an exception for countries with preclearance facilities in service prior to 2013), unless: (1) the Secretary has certified that air preclearance operations at the airport provide a homeland or national security benefit, (2) U.S. passenger air carriers are not precluded from operating at existing preclearance locations, and (3) a U.S. passenger air carrier is operating at all airports contemplated for establishment of new air preclearance operations. (Sec. 556) Prohibits the Secretary from imposing any new border crossing fee on individuals crossing the southern or northern U.S. borders at a land port of entry or from conducting any study relating to the imposition of a border crossing fee. (Sec. 559) Amends: (1) the Department of Justice Appropriations Act of 2002 to increase from $7 to $9 the fee charged by the Attorney General for the immigration inspection of each passenger arriving at a U.S. port of entry, or for the preinspection of a passenger in a place outside of the United States prior to such arrival, aboard a commercial aircraft or commercial vessel; and (2) the Consolidated Appropriations Resolution, 2003 to increase from $3 to $5 the amount charged by the Attorney General per individual for the immigration inspection or pre-inspection of each commercial vessel passenger, with an exception for designated ports of entry passengers arriving by ferry or by Great Lakes and connecting waterways when operating on a regular schedule. Requires the additional funds generated to be used solely for the hiring or sustainment of CBP officers at air and sea ports of entry. (Sec. 563) Prohibits the use of funds by ICE to establish a National License Plate Recognition database. (Sec. 566) Directs OMB and DHS to ensure the congressional budget justifications accompanying the President's budget proposal for DHS include estimates of the number of unaccompanied alien children anticipated to be apprehended in the budget year and the number of agent or officer hours required to process, manage, and care for such children. (Sec. 567) Deems Gerardo Ismael Hernandez, a Transportation Security Officer employed by TSA who was killed in the line of duty on November 1, 2013, at the Los Angeles International Airport, to have been a public safety officer for purposes of the Omnibus Crime Control and Safe Streets Act of 1968. (Sec. 568) Revises the visa waiver program under the INA to authorize the Secretary (in lieu of the Attorney General) to designate any country as a program country if such country provides machine-readable passports and the visa refusal rate and overstay rate for nationals of that country were both not more than 3% in the previous fiscal year. Revises probationary and termination provisions. Provides for the consultative role of the Secretary of State. Directs the Comptroller General (GAO) to conduct a review of the methods used by the Secretary to: (1) track aliens entering and exiting the United States, and (2) detect any such alien who stays longer than such alien's period of authorized admission. Directs the Secretary to submit: (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. Expresses the sense of Congress that the Secretary, in the process of conducting evaluations of countries participating in the visa waiver program, to prioritize the reviews of countries in which circumstances indicate that such a review is necessary or desirable. (Sec. 569) Rescinds specified funds: (1) from certain DHS accounts and programs; (2) from unobligated balances made available in the Department of the Treasury Forfeiture Fund; (3) transferred to DHS when it was created in 2003 for CBP for salaries and expenses, the Coast Guard for acquisition, construction, and improvements, and FEMA for the Office of Domestic Preparedness and the National Predisaster Mitigation Fund; and (4) from unobligated balances made available to FEMA for the Disaster Relief Fund. (Sec. 573) Authorizes the President, during FY2015, to provide hazard mitigation assistance for an area affected by a major disaster (under the Robert T. Stafford Disaster Relief and Emergency Assistance Act) to any area in which fire management assistance was provided.

113 S2534 PCS: Department of Homeland Security Appropriations Act, 2015 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 443 113th CONGRESS 2d Session S. 2534 [Report No. 113–198] IN THE SENATE OF THE UNITED STATES June 26, 2014 Ms. Landrieu Committee on Appropriations A BILL Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2015, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2015, and for other purposes, namely: I Departmental management and operations Office of the Secretary and Executive Management For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 ( 6 U.S.C. 112 Provided Provided further Provided further section 1105(a) Office of the under secretary for management For necessary expenses of the Office of the Under Secretary for Management, as authorized by sections 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), $192,692,000, of which not to exceed $2,250 shall be for official reception and representation expenses: Provided Provided further Office of the Under Secretary for Management Public Law 112–74 Office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, as authorized by section 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 Provided section 1105(a) 6 U.S.C. 454 Office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, as authorized by section 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 Analysis and operations For necessary expenses for intelligence analysis and operations coordination activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $295,269,000; of which not to exceed $3,825 shall be for official reception and representation expenses; and of which $131,679,000 shall remain available until September 30, 2016 Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $118,617,000; of which not to exceed $300,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General. II Security, enforcement, and investigations U.S. customs and border protection Salaries and expenses For necessary expenses for enforcement of laws relating to border security, immigration, customs, agricultural inspections and regulatory activities related to plant and animal imports, and transportation of unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500 for replacement only) police-type vehicles; and contracting with individuals for personal services abroad; $8,320,391,000; of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) 6 U.S.C. 551(e)(1) 19 U.S.C. 58c(f)(3) Provided Provided further Provided further Automation modernization For necessary expenses for U.S. Customs and Border Protection for operation and improvement of automated systems, including salaries and expenses, $806,699,000; of which $445,575,000 shall remain available until September 30, 2017 Border security fencing, infrastructure, and technology For expenses for border security fencing, infrastructure, and technology, $362,466,000, to remain available until September 30, 2017 Air and marine operations For necessary expenses for the operations, maintenance, and procurement of marine vessels, aircraft, unmanned aircraft systems, and other related equipment of the air and marine program, including salaries and expenses, operational training, and mission-related travel, the operations of which include the following: the interdiction of narcotics and other goods; the provision of support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; and, at the discretion of the Secretary of Homeland Security, the provision of assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts; $706,569,000; of which $290,900,000 shall be available for salaries and expenses; and of which $415,669,000 shall remain available until September 30, 2017 Provided Provided further Air and Marine Interdiction, Operations, and Maintenance Public Law 112–74 Construction and facilities management For necessary expenses to plan, acquire, construct, renovate, equip, furnish, operate, manage, and maintain buildings, facilities, and related infrastructure necessary for the administration and enforcement of the laws relating to customs, immigration, and border security, including land ports of entry where the Administrator of General Services has delegated to the Secretary of Homeland Security the authority to operate, maintain, repair, and alter such facilities, and to pay rent to the General Services Administration for use of land ports of entry, $478,459,000, to remain available until September 30, 2019 Immigration and customs enforcement Salaries and expenses For necessary expenses for enforcement of immigration and customs laws, detention and removals, and investigations, including intellectual property rights and overseas vetted units operations; and purchase and lease of up to 3,790 (2,350 for replacement only) police-type vehicles; $5,136,957,000; of which not to exceed $10,000,000 shall be available until expended for conducting special operations under section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to exceed $11,475 shall be for official reception and representation expenses; of which not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security; of which not less than $305,000 shall be for promotion of public awareness of the child pornography tipline and activities to counter child exploitation; of which not less than $5,400,000 shall be used to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)); of which not to exceed $40,000,000, to remain available until September 30, 2017, is for maintenance, construction, and lease hold improvements at owned and leased facilities; and of which not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United States: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further , Provided further Provided further 8 U.S.C. 1357(g) Provided further adequate Provided further Provided further Automation modernization For expenses of immigration and customs enforcement automated systems, $26,000,000, to remain available until September 30, Transportation security administration Aviation security For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant to the Aviation and Transportation Security Act ( Public Law 107–71 49 U.S.C. 40101 Provided Provided further section 44940 Provided further Provided further 2 U.S.C. 901a Provided further section 44923 Provided further (1) the Department of Homeland Security efforts and resources being devoted to develop more advanced integrated passenger screening technologies for the most effective security of passengers and baggage at the lowest possible operating and acquisition costs, including projected funding levels for each fiscal year for the next 5 years or until project completion, whichever is earlier; (2) how the Transportation Security Administration is deploying its existing passenger and baggage screener workforce in the most cost effective manner; and (3) labor savings from the deployment of improved technologies for passenger and baggage screening and how those savings are being used to offset security costs or reinvested to address security vulnerabilities: Provided further (1) specific benchmarks and performance measures to increase participation in Pre-Check by air carriers, airports, and passengers; (2) options to facilitate direct application for enrollment in Pre-Check through the Transportation Security Administration's Web site, airports, and other enrollment locations; (3) use of third parties to pre-screen passengers for expedited screening; (4) inclusion of populations already vetted by the Transportation Security Administration and other trusted populations as eligible for expedited screening; (5) resource implications of expedited passenger screening resulting from the use of risk-based security methods; and (6) the total number and percentage of passengers using Pre-Check lanes who: (A) have enrolled in Pre-Check since Transportation Security Administration enrollment centers were established; (B) enrolled using the Transportation Security Administration’s Pre-Check application Web site; (C) were enrolled as frequent flyers of a participating airline; (D) utilized Pre-Check as a result of their enrollment in a Trusted Traveler program of U.S. Customs and Border Protection; (E) were selectively identified to participate in expedited screening through the use of Managed Inclusion; and (F) are enrolled in all other Pre-Check categories: Provided further Surface transportation security For necessary expenses of the Transportation Security Administration related to surface transportation security activities, $126,749,000, to remain available until September 30, Intelligence and vetting For necessary expenses for the development and implementation of Transportation security support For necessary expenses of the Transportation Security Administration related to transportation security support pursuant to the Aviation and Transportation Security Act ( Public Law 107–71 United states coast guard Operating expenses For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent requirements (at a unit cost of no more than $700,000) and repairs and service-life replacements, not to exceed a total of $31,000,000; purchase or lease of boats necessary for overseas deployments and activities; minor shore construction projects not exceeding $1,000,000 in total cost on any location; payments pursuant to section 156 of Public Law 97–377 42 U.S.C. 402 Provided section 12114 Provided further chapter 121 Provided further Coast Guard Acquisition, Construction, and Improvements Provided further Provided further , Environmental compliance and restoration For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter 19 Reserve training For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the Coast Guard reserve program; personnel and training costs; and equipment and services; $114,572,000. Acquisition, construction, and improvements For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; and maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $1,330,376,000; of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which the following amounts shall be available until September 30, 2019 (except as subsequently specified): $6,000,000 for military family housing; $1,043,500,000 to acquire, effect major repairs to, renovate, or improve vessels, small boats, and related equipment; $68,000,000 to acquire, effect major repairs to, renovate, or improve aircraft or increase aviation capability; $57,300,000 for other acquisition programs; $40,580,000 for shore facilities and aids to navigation, including facilities at Department of Defense installations used by the Coast Guard; and $114,996,000, to remain available until September 30, Provided Provided further (1) the proposed appropriations included in that budget; (2) the total estimated cost of completion, including and clearly delineating the costs of associated major acquisition systems infrastructure and transition to operations; (3) projected funding levels for each fiscal year for the next 5 fiscal years or until acquisition program baseline or project completion, whichever is earlier; (4) an estimated completion date at the projected funding levels; and (5) a current acquisition program baseline for each capital asset, as applicable, that— (A) includes the total acquisition cost of each asset, subdivided by fiscal year and including a detailed description of the purpose of the proposed funding levels for each fiscal year, including for each fiscal year funds requested for design, pre-acquisition activities, production, structural modifications, missionization, post-delivery, and transition to operations costs; (B) includes a detailed project schedule through completion, subdivided by fiscal year, that details— (i) quantities planned for each fiscal year; and (ii) major acquisition and project events, including development of operational requirements, contracting actions, design reviews, production, delivery, test and evaluation, and transition to operations, including necessary training, shore infrastructure, and logistics; (C) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion from the original acquisition program baseline and the most recent baseline approved by the Department of Homeland Security's Acquisition Review Board, if applicable; (D) aligns the acquisition of each asset to mission requirements by defining existing capabilities of comparable legacy assets, identifying known capability gaps between such existing capabilities and stated mission requirements, and explaining how the acquisition of each asset will address such known capability gaps; (E) defines life-cycle costs for each asset and the date of the estimate on which such costs are based, including all associated costs of major acquisitions systems infrastructure and transition to operations, delineated by purpose and fiscal year for the projected service life of the asset; (F) includes the earned value management system summary schedule performance index and cost performance index for each asset, if applicable; and (G) includes a phase-out and decommissioning schedule delineated by fiscal year for each existing legacy asset that each asset is intended to replace or recapitalize: Provided further section 1105(a) Provided further Provided further Public Law 110–28 Research, development, test, and evaluation For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $17,892,000, to remain available until September 30, Provided Retired pay For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, payment for career status bonuses, concurrent receipts, and combat-related special compensation under the National Defense Authorization Act, and payments for medical care of retired personnel and their dependents under chapter 55 United states secret service Salaries and expenses For necessary expenses of the United States Secret Service, including purchase of not to exceed 652 vehicles for police-type use for replacement only; hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; services of expert witnesses at such rates as may be determined by the Director of the United States Secret Service; rental of buildings in the District of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; payment of per diem or subsistence allowances to employees in cases in which a protective assignment on the actual day or days of the visit of a protectee requires an employee to work 16 hours per day or to remain overnight at a post of duty; conduct of and participation in firearms matches; presentation of awards; travel of United States Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act if approval is obtained in advance from the Committees on Appropriations of the Senate and the House of Representatives; research and development; grants to conduct behavioral research in support of protective research and operations; and payment in advance for commercial accommodations as may be necessary to perform protective functions; $1,585,360,000; of which not to exceed $19,125 shall be for official reception and representation expenses; of which not to exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations; of which $2,366,000 shall be for forensic and related support of investigations of missing and exploited children; of which $6,000,000 shall be for a grant for activities related to investigations of missing and exploited children and shall remain available until September 30, 2016; and of which not less than $7,500,000 shall be for activities related to training in electronic crimes investigations and forensics: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Protection of Persons and Facilities Domestic Field Operations Acquisition, construction, improvements, and related expenses For necessary expenses for acquisition, construction, repair, alteration, and improvement of physical and technological infrastructure, $49,935,000; of which $5,380,000, to remain available until September 30, III Protection, preparedness, response, and recovery National protection and programs directorate Management and administration For salaries and expenses of the Office of the Under Secretary for the National Protection and Programs Directorate, support for operations, and information technology, $64,565,000: Provided Provided further section 1105(a) Infrastructure protection and information security For necessary expenses for infrastructure protection and information security programs and activities, as authorized by title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. Federal protective service The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally owned and leased buildings and for the operations of the Federal Protective Service: Provided Office of biometric identity management For necessary expenses for the Office of Biometric Identity Management, as authorized by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), $249,142,000: Provided Office of health affairs For necessary expenses of the Office of Health Affairs, $124,618,000; of which $26,148,000 is for salaries and expenses and $84,651,000 is for BioWatch operations: Provided Provided further Federal emergency management agency Salaries and expenses For necessary expenses of the Federal Emergency Management Agency, $935,720,000, including activities authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. 42 U.S.C. 7701 et seq. 33 U.S.C. 467 et seq. 6 U.S.C. 101 et seq. Public Law 110–53 Public Law 112–141 Public Law 113–89 Provided Provided further Provided further Provided further Provided further Provided further State and local programs For grants, contracts, cooperative agreements, and other activities, $1,500,000,000, which shall be allocated as follows: (1) $467,000,000 shall be for the State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 605 Provided (2) $600,000,000 shall be for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 (3) $100,000,000 shall be for Public Transportation Security Assistance, Railroad Security Assistance, and Over-the-Road Bus Security Assistance under sections 1406, 1513, and 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 6 U.S.C. 1135 Provided (4) $100,000,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107. (5) $233,000,000 shall be to sustain current operations for training, exercises, technical assistance, and other programs, of which $162,991,000 shall be for training of State, local, and tribal emergency response providers: Provided Provided further Provided further Provided further Provided further Firefighter assistance grants For grants for programs authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), $680,000,000, to remain available until September 30, 2016, of which $340,000,000 shall be available to carry out section 33 of that Act ( 15 U.S.C. 2229 15 U.S.C. 2229a Emergency management performance grants For emergency management performance grants, as authorized by the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. 42 U.S.C. 5121 et seq. 42 U.S.C. 7701 et seq. Radiological emergency preparedness program The aggregate charges assessed during fiscal year Provided Provided further United states fire administration For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), $44,000,000. Disaster relief fund (including transfer of funds) For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. Provided Provided further Provided further (1) An estimate of the following amounts shall be submitted for the budget year at the time that the President's budget proposal for fiscal year 2016 is submitted pursuant to section 1105(a) (A) The unobligated balance of funds to be carried over from the prior fiscal year to the budget year; (B) The unobligated balance of funds to be carried over from the budget year to the budget year plus 1; (C) The amount of obligations for non-catastrophic events for the budget year; (D) The amount of obligations for the budget year for catastrophic events delineated by event and by State; (E) The total amount that has been previously obligated or will be required for catastrophic events delineated by event and by State for all prior years, the current year, the budget year, the budget year plus 1, the budget year plus 2, and the budget year plus 3 and beyond; (F) The amount of previously obligated funds that will be recovered for the budget year; (G) The amount that will be required for obligations for emergencies, as described in section 102(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(1)), major disasters, as described in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), fire management assistance grants, as described in section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187), surge activities, and disaster readiness and support activities; (H) The amount required for activities not covered under section 251(b)(2)(D)(iii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii); Public Law 99–177 (2) An estimate or actual amounts, if available, of the following for the current fiscal year shall be submitted not later than the fifth day of each month, and shall be published by the Administrator on the Agency's Web site not later than the fifth day of each month: (A) A summary of the amount of appropriations made available by source, the transfers executed, the previously allocated funds recovered, and the commitments, allocations, and obligations made; (B) A table of disaster relief activity delineated by month, including— (i) the beginning and ending balances; (ii) the total obligations to include amounts obligated for fire assistance, emergencies, surge, and disaster support activities; (iii) the obligations for catastrophic events delineated by event and by State; and (iv) the amount of previously obligated funds that are recovered; (C) A summary of allocations, obligations, and expenditures for catastrophic events delineated by event; (D) In addition, for a disaster declaration related to Hurricane Sandy, the cost of the following categories of spending: public assistance, individual assistance, mitigation, administrative, operations, and any other relevant category (including emergency measures and disaster resources); and (E) The date on which funds appropriated will be exhausted: Provided further 42 U.S.C. 5172 Provided further Provided further Provided further 42 U.S.C. 5121 et seq. Provided further Flood hazard mapping and risk analysis program For necessary expenses, including administrative costs, under section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 Public Law 112–141 42 U.S.C. 4101(f)(2) National flood insurance fund For activities under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. 42 U.S.C. 4001 et seq. Public Law 112–141 Public Law 113–89 Provided Provided further 42 U.S.C. 4015(d) Provided further (1) $136,000,000 for operating expenses; (2) $1,139,000,000 for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; (4) $150,000,000, which shall remain available until expended, for flood mitigation actions and for flood mitigation assistance under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c 42 U.S.C. 4104c(e) Provided further 42 U.S.C. 4012a(f)(8) Provided further Provided further 42 U.S.C. 4033 national predisaster mitigation fund For the predisaster mitigation grant program under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 Emergency food and shelter To carry out the emergency food and shelter program pursuant to title III of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11331 et seq. Provided Provided further Department of Housing and Urban Development—Homeless Assistance Grants Provided further IV Research and development, training, and services United states citizenship and immigration services For necessary expenses for citizenship and immigration services, $124,435,000 for the E-Verify Program, as described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a Provided , Provided further Federal law enforcement training center Salaries and expenses For necessary expenses of the Federal Law Enforcement Training Center, including materials and support costs of Federal law enforcement basic training; the purchase of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles; expenses for student athletic and related activities; the conduct of and participation in firearms matches and presentation of awards; public awareness and enhancement of community support of law enforcement training; room and board for student interns; a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized by section 3109 Provided Provided further Public Law 107–206 42 U.S.C. 3771 December 31, December 31, Provided further Provided further Acquisitions, construction, improvements, and related expenses For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements, and related expenses of the Federal Law Enforcement Training Center, Provided Science and technology Management and administration For salaries and expenses of the Office of the Under Secretary for Science and Technology and for management and administration of programs and activities, as authorized by title III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. Provided Research, development, acquisition, and operations For necessary expenses for science and technology research, including advanced research projects, development, test and evaluation, acquisition, and operations as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease of not to exceed 5 vehicles, $941,935,000; of which $506,755,000 shall remain available until September 30, Provided Domestic nuclear detection office Management and administration For salaries and expenses of the Domestic Nuclear Detection Office, as authorized by title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 591 et seq. Provided Research, development, and operations For necessary expenses for radiological and nuclear research, development, testing, evaluation, and operations, $196,400,000, to remain available until September 30, Systems acquisition For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance with the global nuclear detection architecture, $72,603,000, to remain available until September 30, V General provisions (including rescissions of funds) 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 502. Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act, may be merged with funds in the applicable established accounts, and thereafter may be accounted for as one fund for the same time period as originally enacted. 503. (a) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year (1) creates a new program, project, or activity; (2) eliminates a program, project, office, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either of the Committees on Appropriations of the Senate or the House of Representatives for a different purpose; or (5) contracts out any function or activity for which funding levels were requested for Federal full-time equivalents in the object classification tables contained in the fiscal year (b) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity; (3) reduces by 10 percent the numbers of personnel approved by the Congress; or (4) results from any general savings from a reduction in personnel that would result in a change in existing programs, projects, or activities as approved by the Congress, unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds. (c) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfers: Provided (d) Notwithstanding subsections (a), (b), and (c) of this section, no funds shall be reprogrammed within or transferred between appropriations based upon an initial notification provided after June 30, except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property. (e) The notification thresholds and procedures set forth in this section shall apply to any use of deobligated balances of funds provided in previous Department of Homeland Security Appropriations Acts. 504. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103–356 31 U.S.C. 501 Provided Provided further Provided further Provided further Provided further Provided further Provided further 505. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year Provided 506. Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 507. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used to— (1) make or award a grant allocation, grant, contract, other transaction agreement, or task or delivery order on a Department of Homeland Security multiple award contract, or to issue a letter of intent, totaling in excess of $1,000,000; (2) award a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Department of Homeland Security funds; (3) make a sole-source grant award; or (4) announce publicly the intention to make or award items under paragraph (1), (2), or (3) including a contract covered by the Federal Acquisition Regulation. (b) The Secretary of Homeland Security may waive the prohibition under subsection (a) if the Secretary notifies the Committees on Appropriations of the Senate and the House of Representatives at least 3 full business days in advance of making an award or issuing a letter as described in that subsection. (c) If the Secretary of Homeland Security determines that compliance with this section would pose a substantial risk to human life, health, or safety, an award may be made without notification, and the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives not later than 5 full business days after such an award is made or letter issued. (d) A notification under this section— (1) may not involve funds that are not available for obligation; and (2) shall include the amount of the award; the fiscal year for which the funds for the award were appropriated; the type of contract; and the account from which the funds are being drawn. (e) The Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives 5 full business days in advance of announcing publicly the intention of making an award under State and Local Programs 508. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations of the Senate and the House of Representatives, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training that cannot be accommodated in existing Center facilities. 509. None of the funds appropriated or otherwise made available by this Act may be used for expenses for any construction, repair, alteration, or acquisition project for which a prospectus otherwise required under chapter 33 510. (a) Sections 520, 522, and 530 of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161 (b) The third proviso of section 537 of the Department of Homeland Security Appropriations Act, 2006 (6 U.S.C. 114), shall not apply with respect to funds made available in this Act. 511. None of the funds made available in this Act may be used in contravention of the applicable provisions of the Buy American Act. For purposes of the preceding sentence, the term Buy American Act chapter 83 512. None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act ( 8 U.S.C. 1448 513. Within 30 days after the end of each month, the Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a monthly budget and staffing report for that month that includes total obligations, on-board versus funded full-time equivalent staffing levels, and the number of contract employees for each office of the Department. 514. Except as provided in section 44945 Aviation Security Administration Transportation Security Support Provided 515. None of the funds appropriated by this Act may be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided by employees (including employees serving on a temporary or term basis) of United States Citizenship and Immigration Services of the Department of Homeland Security who are known as Immigration Information Officers, Contact Representatives, Investigative Assistants, or Immigration Services Officers. 516. Any funds appropriated to Coast Guard Acquisition, Construction, and Improvements 517. The functions of the Federal Law Enforcement Training Center instructor staff shall hereafter be classified as inherently governmental for the purpose of the Federal Activities Inventory Reform Act of 1998 ( 31 U.S.C. 501 518. (a) The Secretary of Homeland Security shall submit a report not later than October 15, 2015, to the Office of Inspector General of the Department of Homeland Security listing all grants and contracts awarded by any means other than full and open competition during fiscal year 2015. (b) The Inspector General shall review the report required by subsection (a) to assess Departmental compliance with applicable laws and regulations and report the results of that review to the Committees on Appropriations of the Senate and the House of Representatives not later than February 15, 519. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of the Homeland Security Act of 2002 ( 6 U.S.C. 452 520. Funds made available in this Act may be used to alter operations within the Civil Engineering Program of the Coast Guard nationwide, including civil engineering units, facilities design and construction centers, maintenance and logistics commands, and the Coast Guard Academy, except that none of the funds provided in this Act may be used to reduce operations within any Civil Engineering Unit unless specifically authorized by a statute enacted after the date of enactment of this Act. 521. None of the funds made available in this Act may be used by United States Citizenship and Immigration Services to grant an immigration benefit unless the results of background checks required by law to be completed prior to the granting of the benefit have been received by United States Citizenship and Immigration Services, and the results do not preclude the granting of the benefit. 522. Section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391 (1) in subsection (a), by striking Until September 30, Until September 30, (2) in subsection (c)(1), by striking September 30, September 30, 523. The Secretary of Homeland Security shall require that all contracts of the Department of Homeland Security that provide award fees link such fees to successful acquisition outcomes (which outcomes shall be specified in terms of cost, schedule, and performance). 524. Notwithstanding any other provision of law, none of the funds provided in this or any other Act shall be used to approve a waiver of the navigation and vessel-inspection laws pursuant to 46 U.S.C. 501(b) Provided 46 U.S.C. 501(b) 525. None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided Provided further (1) a controlled substance, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 (2) a biological product, as defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 526. None of the funds in this Act shall be used to reduce the United States Coast Guard's Operations Systems Center mission or its government-employed or contract staff levels. 527. The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the Senate and the House of Representatives of any proposed transfers of funds available under section 9703.1(g)(4)(B) of title 31, United States Code (as added by Public Law 102–393) from the Department of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security: Provided 528. None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card. 529. None of the funds appropriated by this Act may be used to conduct, or to implement the results of, a competition under Office of Management and Budget Circular A–76 for activities performed with respect to the Coast Guard National Vessel Documentation Center. 530. (a) Notwithstanding any other provision of this Act, except as provided in subsection (b), and 30 days after the date on which the President determines whether to declare a major disaster because of an event and any appeal is completed, the Administrator shall publish on the Web site of the Federal Emergency Management Agency a report regarding that decision that shall summarize damage assessment information used to determine whether to declare a major disaster. (b) The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security. (c) In this section— (1) the term Administrator (2) the term major disaster 42 U.S.C. 5122 531. Any official that is required by this Act to report or to certify to the Committees on Appropriations of the Senate and the House of Representatives may not delegate such authority to perform that act unless specifically authorized herein. 532. Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 ( Public Law 109–295 6 U.S.C. 121 Public Law 113–76 on October 4, on October 4, 533. None of the funds appropriated or otherwise made available in this Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 534. None of the funds made available in this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301.10–124 of title 41, Code of Federal Regulations. 535. None of the funds made available in this Act may be used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) 536. (a) Any company that collects or retains personal information directly from any individual who participates in the Registered Traveler or successor program of the Transportation Security Administration shall hereafter safeguard and dispose of such information in accordance with the requirements in— (1) the National Institute for Standards and Technology Special Publication 800–30, entitled Risk Management Guide for Information Technology Systems (2) the National Institute for Standards and Technology Special Publication 800–53, Revision 3, entitled Recommended Security Controls for Federal Information Systems and Organizations (3) any supplemental standards established by the Administrator of the Transportation Security Administration (referred to in this section as the Administrator (b) The airport authority or air carrier operator that sponsors the company under the Registered Traveler program shall hereafter be known as the Sponsoring Entity (c) The Administrator shall hereafter require any company covered by subsection (a) to provide, not later than 30 days after the date of enactment of this Act, to the Sponsoring Entity written certification that the procedures used by the company to safeguard and dispose of information are in compliance with the requirements under subsection (a). Such certification shall include a description of the procedures used by the company to comply with such requirements. 537. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements of a contract. 538. In developing any process to screen aviation passengers and crews for transportation or national security purposes, the Secretary of Homeland Security shall ensure that all such processes take into consideration such passengers' and crews' privacy and civil liberties consistent with applicable laws, regulations, and guidance. 539. (a) Notwithstanding section 1356(n) (b) None of the funds made available to United States Citizenship and Immigration Services for grants for immigrant integration may be used to provide services to aliens who have not been lawfully admitted for permanent residence. 540. For an additional amount for the Office of the Under Secretary for Management Provided 541. None of the funds appropriated or otherwise made available by this Act may be used by the Department of Homeland Security to enter into any Federal contract unless such contract is entered into in accordance with the requirements of subtitle I of title 41, United States Code, or chapter 137 542. (a) For an additional amount for financial systems modernization, $39,500,000. (b) Funds made available in subsection (a) for financial systems modernization may be transferred by the Secretary of Homeland Security between appropriations for the same purpose, notwithstanding section 503 of this Act. (c) No transfer described in subsection (b) shall occur until 15 days after the Committees on Appropriations of the Senate and the House of Representatives are notified of such transfer. 543. Notwithstanding the 10 percent limitation contained in section 503(c) of this Act, the Secretary of Homeland Security may transfer to the fund established by 8 U.S.C. 1101 note, up to $20,000,000 from appropriations available to the Department of Homeland Security: Provided 544. Notwithstanding any other provision of law, if the Secretary of Homeland Security determines that specific U.S. Immigration and Customs Enforcement Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities no longer meet the mission need, the Secretary is authorized to dispose of individual Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities by directing the Administrator of General Services to sell all real and related personal property which support Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities, subject to such terms and conditions as necessary to protect Government interests and meet program requirements: Provided Provided further Provided further 545. The Department of Homeland Security Chief Information Officer, the Commissioner of U.S. Customs and Border Protection, the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement, the Director of the United States Secret Service, and the Director of the Office of Biometric Identity Management shall, with respect to fiscal years 2015, 2016, 2017, and 2018, submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time that the President's budget proposal for fiscal year section 1105(a) U.S. Customs and Border Protection, Salaries and Expenses Public Law 112–74 U.S. Customs and Border Protection, Border Security Fencing, Infrastructure, and Technology Office of the Chief Information Officer United States Secret Service, Acquisition, Construction, Improvements, and Related Expenses Office of Biometric Identity Management Public Law 113–6 546. The Secretary of Homeland Security shall ensure enforcement of immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). 547. (a) Of the amounts made available by this Act for National Protection and Programs Directorate, Infrastructure Protection and Information Security Federal Network Security Provided Provided further Provided further Provided further (b) Funds made available under this section may not be used to supplant funds provided for any such system within an agency budget. (c) Not later than July 1, 2015, the heads of all Federal agencies shall submit to the Committees on Appropriations of the Senate and the House of Representatives expenditure plans for necessary cybersecurity improvements to address known vulnerabilities to information systems described in subsection (a). (d) Not later than October 1, 2015, and semiannually thereafter, the head of each Federal agency shall submit to the Director of the Office of Management and Budget a report on the execution of the expenditure plan for that agency required by subsection (c): Provided Public Law 107–347 section 3606 (e) This section shall not apply to the legislative and judicial branches of the Federal Government and shall apply to all Federal agencies within the executive branch except for the Department of Defense, the Central Intelligence Agency, and the Office of the Director of National Intelligence. 548. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 549. None of the funds made available in this Act may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. 550. None of the funds provided in this or any other Act may be obligated to implement the National Preparedness Grant Program or any other successor grant programs unless explicitly authorized by Congress. 551. Public Law 113–76, division F, section 559 is amended as follows: (1) Subsection (e)(3)(D) is amended by striking five seven (2) Subsection (f)(2) is amended by striking it in its entirety and replacing it with: (2) Allowable Uses of Donations (A) Donations accepted by the Commissioner may— (i) be utilized for necessary activities related to constructing, altering, operating, maintaining, or equipping a new or existing port of entry under the jurisdiction, custody and control of the Commissioner, including but not limited to expenses related to— (I) land acquisition, design, construction, repair and alteration; (II) furniture, fixtures, equipment, and technology, including installation and deployment thereof; and (III) operations and maintenance; or (ii) be utilized for activities related to altering, operating, maintaining, or equipping a new or existing port of entry under the jurisdiction, custody, and control of the Administrator, including but not limited to expenses related to— (I) design, repair and alteration; (II) furniture, fixtures, equipment, and technology, including installation and deployment thereof; and (III) operations and maintenance. (B) Donations accepted by the Administrator may— (i) be utilized for activities related to constructing, altering, operating, maintaining, or equipping a new or existing port of entry facility under the jurisdiction, custody and control of the Administrator, including but not limited to expenses related to— (I) land acquisition, design, construction, repair and alteration; (II) furniture, fixtures, equipment, and technology, including installation and deployment thereof; and (III) operations and maintenance. (C) For purposes of subsection (f)(2)(A)(i)(II)–(III), the term new or existing port of entry under the jurisdiction, custody and control of the Commissioner . (3) Subsection (f)(3)(A)(ii)(III) is amended by striking the word land (4) Subsection (h) is amended by adding a new subparagraph (4) that reads: (4) The term new or existing port of entry facility under the jurisdiction, custody and control of the Administrator . (5) Subsection (i) is amended by striking it in its entirety and replacing with: (i) Role of Administrator Under this section, the role and involvement of the Administrator of General Services is required only with respect to donations made pursuant to subsection (f) at land ports of entry under the jurisdiction, custody, and control of the Administrator. . 552. None of the funds made available in this Act may be used to pay for the travel to or attendance of more than 50 employees of a single component of the Department of Homeland Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security, or a designee, determines that such attendance is in the national interest and notifies the Committees on Appropriations of the Senate and the House of Representatives within at least 10 days of that determination and the basis for that determination: Provided international conference 553. None of the funds made available in this Act may be used to reimburse any Federal department or agency for its participation in a National Special Security Event. 554. With the exception of countries with preclearance facilities in service prior to 2013, none of the funds made available in this Act may be used for new U.S. Customs and Border Protection air preclearance agreements entering into force after February 1, 2014, unless: (1) the Secretary of Homeland Security, in consultation with the Secretary of State, has certified to Congress that air preclearance operations at the airport provide a homeland or national security benefit to the United States; (2) U.S. passenger air carriers are not precluded from operating at existing preclearance locations; and (3) a U.S. passenger air carrier is operating at all airports contemplated for establishment of new air preclearance operations. 555. In making grants under the heading Firefighter Assistance Grants 15 U.S.C. 2229a 556. (a) In General Beginning on the date of the enactment of this Act, the Secretary shall not— (1) establish, collect, or otherwise impose any new border crossing fee on individuals crossing the Southern border or the Northern border at a land port of entry; or (2) conduct any study relating to the imposition of a border crossing fee. (b) Border Crossing Fee Defined In this section, the term border crossing fee 557. The administrative law judge annuitants participating in the Senior Administrative Law Judge Program managed by the Director of the Office of Personnel Management under section 3323 558. As authorized by section 601(b) of the United States-Colombia Trade Promotion Agreement Implementation Act ( Public Law 112–42 19 U.S.C. 58c(a)(5) 559. (a) Section 109(1) of the Department of Justice Appropriations Act of 2002 ( Public Law 107–77 $7 $9 (b) Section 108 of division B of title I of the Consolidated Appropriations Resolution, 2003 (Public Law 108–7) is amended by striking $3 $5 (c) The additional funds generated by (a) and (b) shall solely be used for the hiring or sustainment of U.S. Customs and Border Protection officers at air and sea ports of entry. 560. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress of the United States for programs under the jurisdiction of the Appropriations Subcommittees on the Department of Homeland Security that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2016 appropriations Act. 561. None of the funds made available to the Department of Homeland Security by this Act may be obligated for any structural pay reform that affects more than 100 full-time equivalent employee positions or costs more than $5,000,000 in a single year before the end of the 30-day period beginning on the date on which the Secretary of Homeland Security submits to Congress a notification that includes— (1) the number of full-time equivalent employee positions affected by such change; (2) funding required for such change for the current year and through the Future Years Homeland Security Program; (3) justification for such change; and (4) an analysis of compensation alternatives to such change that were considered by the Department. 562. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Committees on Appropriations of the Senate and the House of Representatives in this Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises homeland or national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 30 days except as otherwise specified in law. 563. None of the funds provided under this Act shall be used by U.S. Immigration and Customs Enforcement to establish a National License Plate Recognition database or other similar project. 564. Section 605 of division E of Public Law 110–161 6 U.S.C. 1404 565. The Administrator of the Federal Emergency Management Agency may transfer up to $95,000,000 in unobligated balances made available for the appropriations account for Federal Emergency Management Agency, Disaster Assistance Direct Loan Program Public Law 109–88 Federal Emergency Management Agency, Disaster Relief Fund 566. The Office of Management and Budget and the Department of Homeland Security shall ensure the congressional budget justifications accompanying the President’s budget proposal for the Department of Homeland Security, submitted pursuant to section 1105(a) Provided 567. Notwithstanding any other provision of law, Gerardo Ismael Hernandez, a Transportation Security Officer employed by the Transportation Security Administration who was killed in the line of duty on November 1, 2013, at the Los Angeles International Airport, shall be deemed to have been a public safety officer for the purposes of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. 568. (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 Appropriations, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and (II) the Committee on Appropriations, the Committee on Foreign Affairs, the Committee on Homeland Security, and 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; to (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; to (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) is further amended by striking subsection (c)(4). (4) Continuing designation Section 217(c)(5)(A)(i)(II) of such Act (8 U.S.C. 1187(c)(5)(A)(i)(II)) is amended to read as follows: (II) shall determine, based upon the evaluation in 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) through (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; (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; and (F) Effective Period The amendments made by this subsection shall be in effect during the period beginning on the date of enactment of this Act and ending on December 31, 2017. . (d) Termination of designation; probation Section 217(f) of the Immigration and Nationality Act ( 8 U.S.C. 1187(f) (d) 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 1 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 1 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 non-compliance 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 the process of conducting evaluations of countries participating in the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 (rescissions) 569. Of the funds appropriated to the Department of Homeland Security, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided (1) $27,300,000 from unobligated prior year balances from U.S. Customs and Border Protection Border Security, Fencing, Infrastructure, and Technology (2) $8,000,000 from Public Law 113–76 U.S. Custom and Border Protection—Air and Marine Operations (3) $12,500,000 from unobligated prior year balances from U.S. Customs and Border Protection—Construction and Facilities Management (4) $15,300,000 from Transportation Security Administration Aviation Security (5) $102,000,000 from Public Law 113–76 Transportation Security Administration Aviation Security (6) $2,550,000 from Public Law 112–10 Coast Guard Acquisition, Construction, and Improvements (7) $11,980,000 from Public Law 112–74 Coast Guard Acquisition, Construction, and Improvements (8) $16,500,000 from Public Law 113–76 Coast Guard Acquisition, Construction, and Improvements (9) $9,469,000 from Public Law 113–6 Coast Guard Acquisition, Construction, and Improvements (10) $14,000,000 from Science and Technology Research and Development, Acquisition, and Operations (rescission) 570. From the unobligated balances made available in the Department of the Treasury Forfeiture Fund established by section 9703 Public Law 102–393 (rescissions) 571. Of the funds transferred to the Department of Homeland Security when it was created in 2003, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: (1) $1,362,285 from U.S. Customs and Border Protection, Salaries and Expenses (2) $57,998 from Coast Guard, Acquisition, Construction and Improvements (3) $73,905 from Federal Emergency Management Agency, National Predisaster Mitigation Fund (rescission) 572. Of the unobligated balances made available to Federal Emergency Management Agency, Disaster Relief Fund Provided Provided further 573. Notwithstanding section 404 or 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c and 5187), during fiscal year 2015, the President may provide hazard mitigation assistance in accordance with such section 404 in any area in which assistance was provided under such section 420. This Act may be cited as the Department of Homeland Security Appropriations Act, 2015 June 26, 2014 Read twice and placed on the calendar

Department of Homeland Security Appropriations Act, 2015

Freedom From Union Violence Act of 2014 - Amends the Hobbs Act to exempt from provisions that prohibit obstructing, delaying, or affecting commerce or the movement of any article or commodity in commerce by robbery or extortion and threatening physical violence to any person or property in furtherance of a plan or purpose to interfere with commerce by threats or violence, any conduct that: (1) is incidental to otherwise peaceful picketing during the course of a labor dispute; (2) consists solely of minor bodily injury, or minor damage to property, or threat or fear of such minor injury or damage; and (3) is not part of a pattern of violent conduct or of coordinated violent activity. Subjects such conduct to prosecution only by the appropriate state and local authorities.

113 S2535 IS: Freedom From Union Violence Act of 2014 U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2535 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. Vitter Mr. Rubio Mr. Burr Mr. Roberts Mr. Risch Mr. McConnell Committee on the Judiciary A BILL To amend section 1951 1. Short title This Act may be cited as the Freedom From Union Violence Act of 2014 2. Interference with commerce by threats or violence Section 1951 1951. Interference with commerce by threats or violence (a) Definitions In this section— (1) the term commerce (A) commerce within the District of Columbia, or any territory or possession of the United States; (B) commerce between any point in a State, territory, possession, or the District of Columbia and any point outside thereof; (C) commerce between points within the same State through any place outside that State; and (D) other commerce over which the United States has jurisdiction; (2) the term extortion (A) by actual or threatened use of force or violence, or fear thereof; (B) by wrongful use of fear not involving force or violence; or (C) under color of official right; (3) the term labor dispute 29 U.S.C. 152(9) (4) the term robbery (A) to his or her person or property, or property in his or her custody or possession; or (B) to the person or property of a relative or member of his or her family, or of anyone in his or her company at the time of the taking or obtaining. (b) Prohibition Except as provided in subsection (c), whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion, or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section, shall be fined under this title, imprisoned for not more than 20 years, or both. (c) Exempted conduct (1) In general Subsection (b) does not apply to any conduct that— (A) is incidental to otherwise peaceful picketing during the course of a labor dispute; (B) consists solely of minor bodily injury, or minor damage to property, or threat or fear of such minor injury or damage; and (C) is not part of a pattern of violent conduct or of coordinated violent activity. (2) State and local jurisdiction Any violation of this section that involves any conduct described in paragraph (1) shall be subject to prosecution only by the appropriate State and local authorities. (d) Effect on other law Nothing in this section shall be construed— (1) to repeal, amend, or otherwise affect— (A) section 6 of the Clayton Act 15 U.S.C. 17 (B) section 20 of the Clayton Act 29 U.S.C. 52 (C) any provision of the Norris-LaGuardia Act ( 29 U.S.C. 101 et seq. (D) any provision of the National Labor Relations Act ( 29 U.S.C. 151 et seq. (E) any provision of the Railway Labor Act ( 45 U.S.C. 151 et seq. (2) to preclude Federal jurisdiction over any violation of this section, on the basis that the conduct at issue— (A) is also a violation of State or local law; or (B) occurred during the course of a labor dispute or in pursuit of a legitimate business or labor objective. .

Freedom From Union Violence Act of 2014

Red River Private Property Protection Act - Directs the Bureau of Land Management (BLM) to relinquish and transfer, by quitclaim deed, all interest of the United States in and to the lands along the approximately 539-mile stretch of the Red River between Texas and Oklahoma to any claimant who demonstrates that official county or state records indicate that such claimant holds all interest to those lands. Requires publication in the Federal Register and on official and appropriate websites of a process for receiving submissions of such documents. Instructs BLM to ensure that no parcels of Red River lands are treated as federal land for the purpose of any resource management plan until the Secretary of the Interior has ensured that such parcels are not subject to transfer by this Act.

113 S2537 IS: Red River Private Property Protection Act U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2537 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. Cornyn Mr. Cruz Committee on Energy and Natural Resources A BILL To provide legal certainty to property owners along the Red River in Texas, and for other purposes. 1. Short title This Act may be cited as the Red River Private Property Protection Act 2. Findings Congress finds as follows: (1) In 1923, the Supreme Court found the border between Texas and Oklahoma to be: the water-washed and relatively permanent elevation or acclivity at the outer line of the river bed which separates the bed from the adjacent upland, whether valley or hill, and serves to confine the waters within the bed and to preserve the course of the river, and that the boundary intended is on and along the bank at the average or mean level attained by the waters in the periods when they reach and wash the bank without overflowing it. When we speak of the bed, we include all of the area which is kept practically bare of vegetation by the wash of the waters of the river from year to year in their onward course, although parts of it are left dry for months at a time, and we exclude the lateral valleys, which have the characteristics of relatively fast land and usually are covered by upland grasses and vegetation, although temporarily overflowed in exceptional instances when the river is at flood. (2) This would become known as the gradient boundary (3) This decision makes clear that, absent water that is physically touching the bank, the high bluff or ancient bank (4) In 2000, Public Law 106–288 (5) Therefore, the Bureau of Land Management should have no claim to land that is either south of the gradient boundary Public Law 106–288 3. Issuance of quit claim deeds (a) In General The Secretary shall relinquish and shall transfer by quit claim deed all right, title, and interest of the United States in and to Red River lands to any claimant who demonstrates to the satisfaction of the Secretary that official county or State records indicate that the claimant holds all right, title, and interest to those lands. (b) Public Notification The Secretary shall publish in the Federal Register and on official and appropriate Web sites the process to receive written and/or electronic submissions of the documents required under subsection (a). The Secretary shall treat all proper notifications received from the claimant as fulfilling the satisfaction requirements under subsection (a). (c) Standard of Approval The Secretary shall accept all official county and State records as filed in the county on the date of submission proving right, title, and interest. (d) Time Period for Approval or Disapproval of Request The Secretary shall approve or disapprove a request for a quit claim deed under subsection (a) not later than 120 days after the date on which the written request is received by the Secretary. If the Secretary fails to approve or disapprove such a request by the end of such 120-day period, the request shall be deemed to be approved. 4. Resource Management Plan The Secretary shall ensure that no parcels of Red River lands are treated as Federal land for the purpose of any resource management plan until the Secretary has ensured that such parcels are not subject to transfer under section 3. 5. Definitions For the purposes of this Act— (1) the term Red River lands (2) the term Secretary

Red River Private Property Protection Act

Viral Hepatitis Testing Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to carry out surveillance, education, and testing programs with respect to hepatitis B (HBV) and hepatitis C (HCV) virus infections. Requires the Secretary to establish a national system with respect to HBV and HCV to: (1) determine the prevalence of such infections; (2) carry out testing programs to increase the number of individuals who are aware of their infection; (3) disseminate public information and education programs for the detection and control of such infections; (4) improve the training of health professionals in the detection, control, and treatment of such infections; and (5) provide referrals for counseling and medical treatment and ensure the provision of follow-up services. Directs the Secretary to determine the populations that are considered at high risk. Directs the Secretary to establish and support public-private partnerships that facilitate such HBV and HCV surveillance, education, screening, testing, and linkage to care programs. Requires the Director of the Agency for Healthcare Research and Quality (AHRQ) to convene the Preventive Services Task Force every three years to review its recommendation for HBV and HCV screening.

113 S2538 IS: Viral Hepatitis Testing Act of 2014 U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2538 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. Kirk Ms. Hirono Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to revise and extend the program for viral hepatitis surveillance, education, and testing in order to prevent deaths from chronic liver disease and liver cancer, and for other purposes. 1. Short title This Act may be cited as the Viral Hepatitis Testing Act of 2014 2. Revision and extension of hepatitis surveillance, education, and testing program (a) In general Section 317N of the Public Health Service Act ( 42 U.S.C. 247b–15 (1) by amending the section heading to read as follows: Surveillance, education, testing, and linkage to care regarding hepatitis virus (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and (3) by striking subsection (a) and inserting the following: (a) In general The Secretary shall, in accordance with this section, carry out surveillance, education, and testing programs with respect to hepatitis B and hepatitis C virus infections (referred to in this section as HBV HCV (b) National system In carrying out subsection (a), the Secretary shall, in consultation with States and other public or nonprofit private entities and public-private partnerships described in subsection (d), establish a national system with respect to HBV and HCV with the following goals: (1) To determine the incidence and prevalence of such infections, including providing for the reporting of acute and chronic cases. (2) With respect to the population of individuals who have such an infection, to carry out testing programs to increase the number of individuals who are aware of their infection to 50 percent by December 31, 2014, and to 75 percent by December 31, 2016. (3) To develop and disseminate public information and education programs for the detection and control of such infections. (4) To improve the education, training, and skills of health professionals in the detection, control, and care and treatment, of such infections. (5) To provide appropriate referrals for counseling and medical care and treatment of infected individuals and to ensure, to the extent practicable, the provision of appropriate follow-up services. (c) High-Risk populations; chronic cases (1) In general The Secretary shall determine the populations that, for purposes of this section, are considered at high-risk for HBV or HCV. The Secretary shall include the following among those considered at high-risk: (A) For HBV, individuals born in countries in which 2 percent or more of the population has HBV or who are a part of a high-risk category as identified by the Centers for Disease Control and Prevention. (B) For HCV, individuals born between 1945 and 1965 or who are a part of a high-risk category as identified by the Centers for Disease Control and Prevention. (C) Those who have been exposed to the blood of infected individuals or of high-risk individuals or who are family members of such individuals. (2) Priority in programs In providing for programs under this section, the Secretary shall give priority— (A) to early diagnosis of chronic cases of HBV or HCV in high-risk populations under paragraph (1); and (B) to education, and referrals for counseling and medical care and treatment, for individuals diagnosed under subparagraph (A) in order to— (i) reduce their risk of dying from end-stage liver disease and liver cancer, and of transmitting the infection to others; (ii) determine the appropriateness for treatment to reduce the risk of progression to cirrhosis and liver cancer; (iii) receive ongoing medical management, including regular monitoring of liver function and screenings for liver cancer; (iv) receive, as appropriate, drug, alcohol abuse, and mental health treatment; (v) in the case of women of childbearing age, receive education on how to prevent HBV perinatal infection, and to alleviate fears associated with pregnancy or raising a family; and (vi) receive such other services as the Secretary determines to be appropriate. (3) Cultural context In providing for services pursuant to paragraph (2) for individuals who are diagnosed under subparagraph (A) of such paragraph, the Secretary shall seek to ensure that the services are provided in a culturally and linguistically appropriate manner. (d) Public-Private partnerships (1) In general In carrying out this section, and not later than 60 days after the date of the enactment of the Viral Hepatitis Testing Act of 2014 (2) Duties Public-private partnerships established or supported under paragraph (1) shall— (A) focus primarily on the surveillance, education, screening, testing, and linkage to care programs authorized by this section; (B) generate resources, in addition to the funds made available pursuant to subsection (f), to carry out the surveillance, education, screening, testing, and linkage to care programs authorized in this section by leveraging Federal funding with non-Federal funding and support; (C) allow for investments in such programs of financial or in-kind resources by each of the partners involved in the partnership; (D) include corporate and industry entities, academic institutions, public and non-profit organizations, community and faith-based organizations, foundations, and other governmental and non-governmental organizations; and (E) advance the core goals of each of the partners of the partnership as determined by the Secretary in development of the partnership. (3) Annual reports The Secretary shall provide to the Congress an annual report on the public-private partnerships established under this subsection. Each such report shall include— (A) the number of public-private partnerships established; (B) specific and quantifiable information on the surveillance, education, screening, testing, and linkage to care activities conducted as well as the outcomes achieved through each of the public-private partnerships; (C) the amount of Federal funding or resources dedicated to the public-private partnerships; (D) the amount of non-Federal funding or resources leveraged through the public-private partnerships; and (E) a plan for the following year that outlines future activities. (4) Limitation No more than 25 percent of the funds made available to carry out this section may be used for public-private partnerships established or supported under this subsection. (5) Linkage to care For purposes of this section, the term linkage to care (e) Agency for healthcare research and quality HBV and HCV guidelines Due to the rapidly evolving standard of care associated with diagnosing and treating viral hepatitis infection, the Director of the Agency for Healthcare Research and Quality shall convene the Preventive Services Task Force under section 915(a) to review its recommendation for screening for HBV and HCV infection every 3 years. (f) Funding (1) In general In addition to any amounts otherwise authorized by this Act, there are authorized to be appropriated to carry out this section— (A) $25,000,000 for fiscal year 2014; (B) $35,000,000 for fiscal year 2015; and (C) $20,000,000 for fiscal year 2016. (2) Grants Of the amounts appropriated pursuant to paragraph (1) for a fiscal year, the Secretary shall reserve not less than 80 percent for making grants under subsection (a). (3) Source of funds The funds made available to carry out this section shall be derived exclusively from the funds appropriated or otherwise made available for planning and evaluation under this Act. . (b) Savings Provision The amendments made by this section shall not be construed to require termination of any program or activity carried out by the Secretary of Health and Human Services under section 317N of the Public Health Service Act ( 42 U.S.C. 247b–15

Viral Hepatitis Testing Act of 2014

(This measure has not been amended since it was reported to the Senate on July 23, 2014. The summary of that version is repeated here.) Traumatic Brain Injury Reauthorization Act of 2014 - (Sec. 2) Amends the Public Health Service Act to reauthorize through FY2019 traumatic brain injury (TBI) prevention and surveillance or registry programs. (Sec. 3) Reauthorizes through FY2019 the programs of grants to states and Indian consortia for TBI services, and protection and advocacy systems to provide services to individuals with TBI. (Sec. 5) Directs the Secretary of Health and Human Services (HHS) to develop a plan for the improved coordination of federal activities with respect to TBI that will: review interagency coordination efforts; identify areas for improved coordination between federal agencies and programs, including those with a focus on serving individuals with disabilities; identify adopted recommendations from the report on development and improvement of TBI diagnostic tools and treatments and describe plans to address each recommendation that has not been adopted; and incorporate feedback from stakeholders, including individuals with TBI and their caregivers. (Sec. 6) Directs the Centers for Disease Control and Prevention (CDC) to review the scientific evidence related to brain injury management in children and identify opportunities for research.

S2539 ENR: Traumatic Brain Injury Reauthorization 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. 2539 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Public Health Service Act to reauthorize certain programs relating to traumatic brain injury and to trauma research. 1. Short title This Act may be cited as the Traumatic Brain Injury Reauthorization Act of 2014 2. CDC programs for prevention and surveillance of traumatic brain injury (a) Prevention of traumatic brain injury Section 393B(b)(3) of the Public Health Service Act (42 U.S.C. 280b–1c(b)(3)) is amended by striking 2010, commonly referred to as Healthy People 2010 2020, commonly referred to as Healthy People 2020 (b) Authorization of appropriations Section 394A of the Public Health Service Act ( 42 U.S.C. 280b–3 (1) by striking the section heading and all that follows through For the purpose 394A. Authorization of appropriations (a) In general For the purpose ; (2) by striking the second period; and (3) by adding at the end the following: (b) Traumatic brain injury To carry out sections 393B and 393C, there are authorized to be appropriated $6,564,000 for each of fiscal years 2015 through 2019. . 3. State grants for projects regarding traumatic brain injury Section 1252 of the Public Health Service Act ( 42 U.S.C. 300d–52 (1) in subsection (a), by striking , acting through the Administrator of the Health Resources and Services Administration, (2) in paragraphs (1)(A)(i) and (3)(E) of subsection (f), by striking brain injury traumatic brain injury (3) in subsection (h), by striking under this section, and section 1253 including under this section and section 1253, including (4) in subsection (j), by striking such sums as may be necessary for each of the fiscal years 2001 through 2005, and such sums as may be necessary for each of the fiscal years 2009 through 2012 $5,500,000 for each of the fiscal years 2015 through 2019 4. State grants for protection and advocacy services Section 1253 of the Public Health Service Act ( 42 U.S.C. 300d–53 (1) in subsection (a), by striking , acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the Administrator (2) in subsections (c), (d)(1), (e)(1), (e)(4), (g), (h), and (j)(1), by striking Administrator Secretary (3) in subsection (h)— (A) by striking the subsection heading and inserting Reporting (B) by striking Each protection and advocacy system (1) Reports by systems Each protection and advocacy system ; and (C) by adding at the end the following: (2) Report by Secretary Not later than 1 year after the date of enactment of the Traumatic Brain Injury Reauthorization Act of 2014 ; (4) in subsection (i), by striking The Administrator of the Health Resources regarding The Secretary shall facilitate agreements to coordinate the collection of data by agencies within the Department of Health and Human Services regarding (5) in subsection (k), by striking subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. (6) in subsection (l), by striking $5,000,000 for fiscal year 2001, and such sums as may be necessary for each the fiscal years 2009 through 2012 $3,100,000 for each of the fiscal years 2015 through 2019 (7) in subsection (m)— (A) in paragraph (1), by striking part C of the Developmental Disabilities Assistance Bill of Rights Act ( 42 U.S.C. 6042 et seq. subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. (B) in paragraph (2), by striking part C of the Developmental Disabilities Assistance and Bill of Rights Act ( 42 U.S.C. 6042 et seq. subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. 5. Traumatic Brain Injury Coordination Plan (a) Development of plan Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall develop a plan for improved coordination of Federal activities with respect to traumatic brain injury. Such plan shall— (1) review existing interagency coordination efforts with respect to Federal activities related to traumatic brain injury, including services for individuals with traumatic brain injury; (2) identify areas for improved coordination between relevant Federal agencies and programs, including agencies and programs with a focus on serving individuals with disabilities; (3) identify each recommendation in the report required by section 393C(b) of the Public Health Service Act (42 U.S.C. 280b–1d(b)) that has been adopted and each such recommendation that has not been adopted, and describe any planned activities to address each such recommendation that has not been adopted; and (4) incorporate, as appropriate, stakeholder feedback, including feedback from individuals with traumatic brain injury and their caregivers. (b) Submission to Congress The Secretary of Health and Human Services shall submit the plan developed under subsection (a) to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. 6. Review of brain injury management in children The Director of the Centers for Disease Control and Prevention, in consultation with the Director of the National Institutes of Health, shall conduct a review of the scientific evidence related to brain injury management in children, such as the restriction or prohibition of children from attending school or participating in athletic activities following a head injury, and identify ongoing and potential further opportunities for research. Not later than 2 years after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives the results of such review. Speaker of the House of Representatives Vice President of the United States and President of the Senate

Traumatic Brain Injury Reauthorization Act of 2014

Patriot Employer Tax Credit Act - Amends the Internal Revenue Code to allow a Patriot employer a business-related tax credit for up to 10% of the first $15,000 of wages paid to any employee in a taxable year. Sets forth criteria for designation as a Patriot employer, including requirements that such employer: (1) maintains its headquarters in the United States and does not expatriate to avoid payment of U.S. income taxes, (2) complies with the employer mandate to provide minimum essential health care coverage to its employees under the Patient Protection and Affordable Care Act, (3) compensates at least 90% of its employees at a level that is 150% of the federal poverty level for a family of three and provides 90% of its employees with a basic level of retirement benefits, (4) provides for differential wage payments to its employees who are members of the Uniformed Services, and (5) increases the number of its employees performing substantially all of their services inside the United States to offset the number of employees who work outside the United States. Sets forth a rule for the deferral of the tax deduction for foreign-related interest expense.

113 S2540 IS: Patriot Employer Tax Credit Act U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2540 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. Durbin Mr. Brown Mr. Reed Ms. Warren Ms. Baldwin Mr. Sanders Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a tax credit to Patriot employers, and for other purposes. 1. Short title This Act may be cited as the Patriot Employer Tax Credit Act 2. Patriot employer tax credit (a) In general Subpart D of part IV of subchapter A of chapter 1 45S. Patriot employer tax credit (a) Determination of amount (1) In general For purposes of section 38, the Patriot employer credit determined under this section with respect to any taxpayer who is a Patriot employer for any taxable year shall be equal to 10 percent of the qualified wages paid or incurred by the Patriot employer. (2) Limitation The amount of qualified wages which may be taken into account under paragraph (1) with respect to any employee for any taxable year shall not exceed $15,000. (b) Patriot employer (1) In general For purposes of subsection (a), the term Patriot employer (A) which— (i) maintains its headquarters in the United States if the taxpayer (or any predecessor) has ever been headquartered in the United States, and (ii) is not (and no predecessor of which is) an expatriated entity (as defined in section 7874(a)(2)) for the taxable year or any preceding taxable year ending after March 4, 2003, (B) with respect to which no assessable payment has been imposed under section 4980H with respect to any month occurring during the taxable year, and (C) in the case of— (i) a taxpayer which employs an average of more than 50 employees on business days during the taxable year, which— (I) provides compensation for at least 90 percent of its employees for services provided by such employees during the taxable year at an hourly rate (or equivalent thereof) not less than an amount equal to 150 percent of the Federal poverty level for a family of three for the calendar year in which the taxable year begins divided by 2,080, (II) meets the retirement plan requirements of subsection (c) with respect to at least 90 percent of its employees providing services during the taxable year who are not highly compensated employees, and (III) meets the additional requirements of subparagraphs (A) and (B) of paragraph (2), or (ii) any other taxpayer, which meets the requirements of either subclause (I) or (II) of clause (i) for the taxable year. (2) Additional requirements for large employers (A) United States employment The requirements of this subparagraph are met for any taxable year if— (i) in any case in which the taxpayer increases the number of employees performing substantially all of their services for the taxable year outside the United States, the taxpayer either— (I) increases the number of employees performing substantially all of their services inside the United States by an amount not less than the increase in such number for employees outside the United States, or (II) has a percentage increase in such employees inside the United States which is not less than the percentage increase in such employees outside the United States, (ii) in any case in which the taxpayer decreases the number of employees performing substantially all of their services for the taxable year inside the United States, the taxpayer either— (I) decreases the number of employees performing substantially all of their services outside the United States by an amount not less than the decrease in such number for employees inside the United States, or (II) has a percentage decrease in employees outside the United States which is not less than the percentage decrease in such employees inside the United States, and (iii) there is not a decrease in the number of employees performing substantially all of their services for the taxable year inside the United States by reason of the taxpayer contracting out such services to persons who are not employees of the taxpayer. (B) Treatment of individuals in the uniformed services and the disabled The requirements of this subparagraph are met for any taxable year if— (i) the taxpayer provides differential wage payments (as defined in section 3401(h)(2)) to each employee described in section 3401(h)(2)(A) for any period during the taxable year in an amount not less than the difference between the wages which would have been received from the employer during such period and the amount of pay and allowances which the employee receives for service in the uniformed services during such period, and (ii) the taxpayer has in place at all times during the taxable year a written policy for the recruitment of employees who have served in the uniformed services or who are disabled. (3) Special rules for applying the minimum wage and retirement plan requirements (A) Minimum wage In determining whether the minimum wage requirements of paragraph (1)(C)(i)(I) are met with respect to 90 percent of a taxpayer's employees for any taxable year— (i) a taxpayer may elect to exclude from such determination apprentices or learners that an employer may exclude under the regulations under section 14(a) of the Fair Labor Standards Act of 1938, and (ii) if a taxpayer meets the requirements of paragraph (2)(B)(i) with respect to providing differential wage payments to any employee for any period (without regard to whether such requirements apply to the taxpayer), the hourly rate (or equivalent thereof) for such payments shall be determined on the basis of the wages which would have been paid by the employer during such period if the employee had not been providing service in the uniformed services. (B) Retirement plan In determining whether the retirement plan requirements of paragraph (1)(C)(i)(II) are met with respect to 90 percent of a taxpayer's employees for any taxable year, a taxpayer may elect to exclude from such determination— (i) employees not meeting the age or service requirements under section 410(a)(1) (or such lower age or service requirements as the employer provides), and (ii) employees described in section 410(b)(3). (c) Retirement plan requirements (1) In general The requirements of this subsection are met for any taxable year with respect to an employee of the taxpayer who is not a highly compensated employee if the employee is eligible to participate in 1 or more applicable eligible retirement plans maintained by the employer for a plan year ending with or within the taxable year. (2) Applicable eligible retirement plan For purposes of this subsection, the term applicable eligible retirement plan (A) a defined contribution plan which— (i) requires the employer to make nonelective contributions of at least 5 percent of the compensation of the employee, or (ii) both— (I) includes an eligible automatic contribution arrangement (as defined in section 414(w)(3)) under which the uniform percentage described in section 414(w)(3)(B) is at least 5 percent, and (II) requires the employer to make matching contributions of 100 percent of the elective deferrals (as defined in section 414(u)(2)(C)) of the employee to the extent such deferrals do not exceed the percentage specified by the plan (not less than 5 percent) of the employee's compensation, or (B) a defined benefit plan— (i) with respect to which the accrued benefit of the employee derived from employer contributions, when expressed as an annual retirement benefit, is not less than the product of— (I) the lesser of 2 percent multiplied by the employee's years of service (determined under the rules of paragraphs (4), (5), and (6) of section 411(a)) with the employer or 20 percent, multiplied by (II) the employee's final average pay, or (ii) which is an applicable defined benefit plan (as defined in section 411(a)(13)(B))— (I) which meets the interest credit requirements of section 411(b)(5)(B)(i) with respect to the plan year, and (II) under which the employee receives a pay credit for the plan year which is not less than 5 percent of compensation. (3) Definitions and special rules For purposes of this subsection— (A) Eligible retirement plan The term eligible retirement plan (B) Final average pay For purposes of paragraph (2)(B)(i)(II), final average pay shall be determined using the period of consecutive years (not exceeding 5) during which the employee had the greatest compensation from the taxpayer. (C) Alternative plan designs The Secretary may prescribe regulations for a taxpayer to meet the requirements of this subsection through a combination of defined contribution plans or defined benefit plans described in paragraph (1) or through a combination of both such types of plans. (D) Plans must meet requirements without taking into account Social Security and similar contributions and benefits A rule similar to the rule of section 416(e) shall apply. (d) Qualified wages and compensation For purposes of this section— (1) In general The term qualified wages (A) who perform substantially all of their services for such Patriot employer inside the United States, and (B) with respect to whom— (i) in the case of a Patriot employer which employs an average of more than 50 employees on business days during the taxable year, the requirements of subclauses (I) and (II) of subsection (b)(1)(C)(i) are met, and (ii) in the case of any other Patriot employer, the requirements of either subclause (I) or (II) of subsection (b)(1)(C)(i) are met. (2) Special rules for agricultural labor and railway labor Rules similar to the rules of section 51(h) shall apply. (3) Compensation For purposes of subsections (b)(1)(C)(i)(I) and (c), the term compensation (e) Aggregation Rules For purposes of this section— (1) In general All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single taxpayer. (2) Special rules for certain requirements For purposes of applying paragraphs (1)(A) and (2)(A) of subsection (b)— (A) the determination under subsections (a) and (b) of section 52 for purposes of paragraph (1) shall be made without regard to section 1563(b)(2)(C) (relating to exclusion of foreign corporations), and (B) if any person treated as a single taxpayer under this subsection (after application of subparagraph (A)), or any predecessor of such person, was an expatriated entity (as defined in section 7874(a)(2)) for any taxable year ending after March 4, 2003, then all persons treated as a single taxpayer with such person shall be treated as expatriated entities. (f) Election To have credit not apply (1) In general A taxpayer may elect to have this section not apply for any taxable year. (2) Time for making election An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). (3) Manner of making election An election under paragraph (1) (or revocation thereof) shall be made in such manner as the Secretary may by regulations prescribe. . (b) Allowance as general business credit Section 38(b) plus , plus (37) in the case of a Patriot employer (as defined in section 45S(b)) for any taxable year, the Patriot employer credit determined under section 45S(a). . (c) Denial of double benefit Subsection (a) of section 280C 45S(a), 45P(a) (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 3. 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 The amount of foreign-related interest expense of any taxpayer allowed as a deduction under this chapter for any taxable year shall not exceed an amount equal to the applicable percentage of the sum of— (A) the taxpayer's foreign-related interest expense for the taxable year, plus (B) the taxpayer's deferred foreign-related interest expense. For purposes of the paragraph, the applicable percentage is the percentage equal to the current inclusion ratio. (2) Treatment of deferred deductions If, for any taxable year, the amount of the limitation determined under paragraph (1) exceeds the taxpayer's foreign-related interest expense for the taxable year, there shall be allowed as a deduction for the taxable year an amount equal to the lesser of— (A) such excess, or (B) the taxpayer's 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 (i) the value of all stock held by the taxpayer in all section 902 corporations with respect to which the taxpayer meets the ownership requirements of subsection (a) or (b) of section 902, bears to (ii) the value of all assets of the taxpayer which generate gross income from sources outside the United States. (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 subparagraph (A)(ii), the value of any asset shall be the amount with respect to such asset determined for purposes of allocating and apportioning interest expense under sections 861, 864(e), and 864(f). (D) Current inclusion ratio The term current inclusion ratio (i) the sum of all dividends received by the domestic corporation from all such section 902 corporations during the taxable year plus amounts includible in gross income under section 951(a) from all such section 902 corporations, in each case computed without regard to section 78, divided by (ii) the aggregate amount of post-1986 undistributed earnings. (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. (G) Section 902 corporation The term section 902 corporation (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 after December 31, 2014.

Patriot Employer Tax Credit Act

Competitive Service Act of 2014 - Authorizes an appointing authority (i.e., a federal agency appointing an individual to a position in the competitive service) other than the appointing authority that requested the certificate of eligibles for filling a position in the competitive service to select an individual from that certificate for appointment to a position that is: (1) in the same occupational series as the position for which the certification of eligibles was issued, and (2) at a similar grade level as the original position.

113 S2541 IS: Competitive Service Act of 2014 U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2541 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. Tester Mr. Begich Committee on Homeland Security and Governmental Affairs A BILL To allow additional appointing authorities to select individuals from competitive service certificates. 1. Short title This Act may be cited as the Competitive Service Act of 2014 2. Additional appointing authorities for competitive service (a) In general Section 3317 (c) Other appointing authorities (1) In general During the 240-day period beginning on the date of issuance of a certificate of eligibles under subsection (a), an appointing authority other than the appointing authority requesting the certificate may select an individual from that certificate in accordance with paragraph (2) for an appointment to a position that is— (A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the original position (B) at a similar grade level as the original position. (2) Requirements The selection of an individual under paragraph (1)— (A) shall be made in accordance with this subchapter; and (B) may be made without any additional posting under section 3327. (3) Applicability An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority. (4) Collective bargaining obligations Nothing in this subsection limits any collective bargaining obligation of an agency under chapter 71. . (b) Regulations Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall issue regulations to carry out the amendment made by subsection (a).

Competitive Service Act of 2014

Supporting Afterschool STEM Act - Requires the Director of the National Science Foundation (NSF) to establish an afterschool STEM (Science, Technology, Engineering, and Mathematics) grant program awarding competitive grants to afterschool or STEM networks to: develop quality standards for STEM programming in afterschool programs and provide those programs with technical assistance in implementing such standards, work with state education stakeholders to define and promote appropriate measurable outcomes for afterschool programs that include STEM content, provide technical assistance to afterschool programs to start or grow their afterschool STEM efforts and define appropriate learning outcomes for such efforts, coordinate professional development for afterschool program educators, help afterschool program providers form strategic partnerships to advance STEM learning in afterschool programs, create and disseminate tool kits to afterschool programs wanting to form partnerships and incorporate STEM professionals as mentors and role models, and provide technical assistance to federally funded STEM researchers and professionals who wish to engage with afterschool programs. Defines: (1) an "afterschool program" as a structured program offered for elementary, middle, or secondary school students when school is not in session, such as before or after school, on the weekend, or during the summer; and (2) an "afterschool or STEM network" as a coalition that fosters partnerships and provides support to afterschool program providers and STEM education providers. Includes as goals of the grant program: (1) to support the development and delivery of high-quality STEM education to populations underrepresented in STEM fields, and (2) to provide hands-on learning and exposure to STEM research facilities and businesses through in-person or virtual distance-learning experiences. Requires the Director to provide each recipient of a STEM research grant who is under the Director's authority with information on opportunities to engage with students in out-of-school-time programs, such as through mentorships.

113 S2543 IS: Supporting Afterschool STEM Act U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2543 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mrs. Shaheen Committee on Health, Education, Labor, and Pensions A BILL To support afterschool and out-of-school-time science, technology, engineering, and mathematics programs, and for other purposes. 1. Short title This Act may be cited as the Supporting Afterschool STEM Act 2. Findings Congress finds the following: (1) Numerous authoritative studies document that the proficiency of students in the United States in science, technology, engineering, and mathematics ( STEM (2) Results from the National Assessment of Educational Progress, the Trends in International Mathematics and Science Study, the Programme in International Science Assessment, and other sources show that students in the United States are not demonstrating sufficient achievement in the STEM subjects and are not keeping pace with students in other countries. (3) Research demonstrates the importance of afterschool programs in engaging students in STEM fields and building STEM-relevant skills and proficiencies, especially for girls, students from populations traditionally underrepresented in STEM fields, and students from low socioeconomic circumstances. (4) A National Research Council consensus study confirmed the importance of learning that occurs in out-of-school-time settings such as afterschool programs and science centers, and proposed a set of strands of science learning (5) According to a 2013 study entitled Defining Youth Outcomes for STEM Learning in Afterschool (6) The Federal Government should use its resources as effectively as possible to increase opportunities for students to be exposed to STEM subjects outside of the school day and to build a balanced kindergarten through grade 12 STEM education portfolio that fosters learning in school as well as in out-of-school-time programs. (7) Afterschool programs have long partnered with other youth-serving and community organizations to meet the needs of students. Cross-sector collaborations between afterschool programs, schools, science centers, institutions of higher education, businesses, and other entities are yielding great benefits for engaging young people in STEM fields. (8) As interest and momentum grows around STEM programming in afterschool, more and better partnerships across Federal agencies become increasingly important to leverage resources and offer high-quality, hands-on STEM experiences for youth. 3. Purposes The purposes of this Act are— (1) to enhance America’s economic competitiveness by strengthening STEM education through fostering interest and success in STEM subjects among certain student populations in kindergarten through grade 12; (2) to engage Federal agencies and foster interagency collaboration in STEM education afterschool program investments; (3) to recognize the important role that afterschool programs offered by nonprofit and community-based organizations, science centers, museums, libraries, and other such entities, play in STEM education and to support their efforts; (4) to involve institutions of higher education as partners in such efforts and foster increased collaboration; and (5) to inspire young people to study and work in STEM subjects. 4. Definitions In this Act: (1) Afterschool or STEM network The term afterschool or STEM network (2) Afterschool program The term afterschool program (3) Director The term Director (4) Elementary school The term elementary school 20 U.S.C. 7801 (5) Middle school The term middle school (6) Secondary school The term secondary school 20 U.S.C. 7801 (7) Institution of higher education The term institution of higher education (8) STEM The term STEM 5. Afterschool STEM Support Grant program (a) Goals of program The goals of the afterschool STEM grant program carried out under this Act are— (1) to support the development and delivery of high-quality STEM education to populations underrepresented in STEM fields; (2) to leverage the expertise and infrastructure available to afterschool programs that include STEM content through afterschool or STEM networks; (3) to leverage existing Federal STEM education investments, as of the date of enactment of this Act, in order to encourage STEM-focused grant recipients to lend their time and expertise to afterschool programs that include STEM content; and (4) to provide hands-on learning and exposure to STEM research facilities and businesses through in-person or virtual distance-learning experiences. (b) Program authorized (1) In general From amounts appropriated to carry out this part and not reserved under paragraph (4), the Director shall award grants, on a competitive basis, to afterschool or STEM networks— (A) to support afterschool programs that include STEM content through the activities described in subsection (e); and (B) to carry out the goals described in subsection (a). (2) Duration Each grant awarded under this Act shall be for a period of not more than 3 years. (3) Amounts The Director shall ensure that each grant awarded under this Act is in an amount that is sufficient to carry out the goals described in subsection (a). (4) Reservation From the amounts appropriated for this grant, the Director shall reserve 20 percent of such funds to develop and support new afterschool or STEM networks in States or areas where such networks do not exist. (c) Application (1) In general An afterschool or STEM network desiring a grant under subsection (b)(1) shall submit an application at such time, in such manner, and containing such information that the Director may require. (2) Contents The application described in paragraph (1) shall, at a minimum, include— (A) a description of the status of afterschool STEM programming in the State or area in which the afterschool or STEM network is located, including— (i) the number of afterschool programs in the State or area; (ii) the number of such afterschool programs focused on STEM subjects and activities; (iii) the number of students served by existing afterschool programs, as of the date of the application, in the State or area; (iv) the number of students served by existing afterschool programs that include STEM content in the State or area; (v) the unmet demand for afterschool programs in the State or area; and (vi) the unmet demand for afterschool programs focused on STEM subjects and activities in the State or area; (B) an analysis of existing and needed resources that identifies areas and populations most in need of opportunities for high-quality afterschool programs that include STEM content; (C) a description of the current and past work carried out by the afterschool or STEM network to support the needs of afterschool program providers in the State or area served by the network; (D) a detailed plan that describes initiatives that shall be undertaken to— (i) support and grow afterschool programs that include STEM content; and (ii) leverage existing Federal investments in afterschool programs and STEM education, as of the date of the application; (E) a description of financial and other commitments that support expanded afterschool STEM programming in the State or area served by the network; and (F) a description of any confirmed or potential partners that will work with the afterschool or STEM network to carry out the activities under the grant. (d) Priority In awarding grants under subsection (b)(1), the Director shall give priority to applications from afterschool or STEM networks that— (1) demonstrate a clear understanding of the afterschool programs and settings, and the status of afterschool programs that include STEM content, in the State or area to be served by the grant; (2) have established working relationships with afterschool program and STEM education stakeholders in the State or area; (3) are working to advance the availability of high-quality afterschool programs that include STEM content for under-served populations and populations underrepresented in STEM fields, including girls; and (4) are leveraging Federal or other public investments in STEM education or afterschool programming. (e) Uses of funds An afterschool or STEM network that receives a grant under subsection (b)(1) may use grant funds to carry out any of the following activities: (1) Develop quality standards for STEM programming in afterschool programs and provide technical assistance to afterschool programs to implement such standards. (2) Work with State education stakeholders to define and promote appropriate measurable outcomes for afterschool programs that include STEM content. (3) Provide technical assistance to afterschool programs to start or grow their afterschool STEM efforts and define appropriate learning outcomes for such efforts. (4) Coordinate professional development for afterschool program educators by— (A) identifying training programs that are available, as of the time of the identification, for afterschool program educators; (B) working with partners to allow joint professional development with teachers at elementary schools, middle schools, and secondary schools, as appropriate; and (C) partnering with teacher training programs to utilize afterschool programs for practicum experiences, employment placements, and other opportunities. (5) Help afterschool program providers form strategic partnerships as needed to advance STEM learning in afterschool programs, including partnerships with elementary schools, middle schools, secondary schools, institutions of higher education (including community colleges and programs and schools of education), businesses, research facilities, national laboratories, and other appropriate entities. (6) Create and disseminate tool kits to afterschool programs wanting to form partnerships and incorporate STEM professionals as mentors and role models that— (A) provide technical assistance and guidance, including assistance in connecting afterschool program providers with STEM researchers and professionals who may be able to assist in STEM-focused activities; and (B) include— (i) examples of strong afterschool programs that have incorporated such partnerships to serve as models; (ii) a list of potential partners that could assist in STEM-focused activities; (iii) identified federally supported STEM education programs and research in the State or area served by the grant; and (iv) guidance on how to engage STEM professionals, mentors, and role models in the program. (7) Provide technical assistance to federally funded STEM researchers and professionals who wish to engage with afterschool programs that, at a minimum, includes— (A) examples of partnerships between afterschool programs and institutions rich in STEM resources; (B) a resource that provides a description of the afterschool program setting, the opportunities for engagement in afterschool programs, and the constraints of which the researchers or professionals need to be aware; (C) how to find an afterschool program provider with which the researcher or professional would like to engage; (D) how to ensure an effective and productive partnership with the afterschool provider through mutually beneficial engagement, and engage in a productive conversation with the afterschool provider to determine if the partnership will be productive; (E) how to craft a mutually beneficial engagement and partnership; and (F) guidance on how to measure appropriate outcomes for afterschool programs and afterschool programs that include STEM content. (8) Any other activity, as proposed in the application and determined appropriate by the Director. (f) Report Each afterschool or STEM network receiving a grant under subsection (b)(1) shall submit an annual report to the Director regarding the progress of the grant. 6. Federal Partnership with afterschool programs Beginning not later than 180 days after the date of enactment of this Act, the Director shall provide information, to each recipient of a STEM research grant under the authority of the Director, on opportunities to engage with students in out-of-school-time programs, such as through mentorships. Such information shall include— (1) a listing of all afterschool or STEM program networks in the region of the recipient; (2) a toolkit that provides guidance to federally funded STEM researchers on how to engage and partner with afterschool STEM program providers and lend their time and expertise in afterschool programs that include STEM content; (3) information regarding how to create opportunities to have students visit laboratories; and (4) guidance regarding how to create age-appropriate research projects for students. 7. Report By not later than 180 days after the date of enactment of this Act, the Director shall prepare and submit to Congress a report on Federal STEM investments in afterschool programs and the best practices for afterschool programs incorporating STEM subjects into their programs.

Supporting Afterschool STEM Act

Auto Enroll Repeal Act - Amends the Fair Labor Standards Act of 1938 to repeal the requirement that employers with more than 200 full-time employees that offer enrollment in one or more health benefits plans enroll automatically all new full-time employees in one of those plans.

113 S2546 IS: Auto Enroll Repeal Act U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2546 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. Isakson Committee on Health, Education, Labor, and Pensions A BILL To repeal a requirement that new employees of certain employers be automatically enrolled in the employer’s health benefits plan. 1. Short title This Act may be cited as the Auto Enroll Repeal Act 2. Repeal Section 18A of the Fair Labor Standards Act ( 29 U.S.C. 218a

Auto Enroll Repeal Act

RESPONSE Act of 2014 - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to establish the Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation Subcommittee of the National Advisory Council. Directs the Subcommittee to develop recommendations for improving emergency responder training and resource allocation, including regarding: the quality and application of training for local emergency first responders related to rail hazardous materials incidents, with a particular focus on local emergency responders and small communities near railroads; the effectiveness of funding levels related to training local emergency responders for rail hazardous materials incidents, with a particular focus on local emergency responders and small communities; a strategy for integration of commodity flow studies, mapping, and access platforms for local emergency responders and how to increase the rate of access to the individual responder in communications technology; the lack of emergency response plans for rail, similar to existing law related to maritime and stationary facility emergency response plans; the development of a train incident database; increasing access to relevant, useful, and timely information for the local emergency responder; and determining the most efficient agencies and offices for the implementation of the recommendations. Terminates the Subcommittee not later than four years after this Act's enactment, subject to one year extensions.

113 S2547 IS: RESPONSE Act of 2014 U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2547 IN THE SENATE OF THE UNITED STATES June 26, 2014 Ms. Heitkamp Mr. Schumer Committee on Homeland Security and Governmental Affairs A BILL To establish the Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation (RESPONSE) Subcommittee under the Federal Emergency Management Agency’s National Advisory Council to provide recommendations on emergency responder training and resources relating to hazardous materials incidents involving railroads, and for other purposes. 1. Short title This Act may be cited as the RESPONSE Act of 2014 2. Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation Subcommittee Section 508 of the Homeland Security Act of 2002 ( 6 U.S.C. 318 (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) RESPONSE Subcommittee (1) Establishment Not later than 30 days after the date of the enactment of the RESPONSE Act of 2014 RESPONSE Subcommittee (2) Membership Notwithstanding subsection (c), the RESPONSE Subcommittee shall be composed of the following: (A) The Deputy Administrator for Protection and National Preparedness of the Federal Emergency Management Agency, or designee. (B) The Director of the Office of Emergency Communications of the Department of Homeland Security, or designee. (C) The Director for the Office of Railroad, Pipeline and Hazardous Materials Investigations of the National Transportation Safety Board, or designee, only in an advisory capacity. (D) The Associate Administrator for Railroad Safety of the Federal Railroad Administration, or designee. (E) The Assistant Administrator for Security Policy and Industry Engagement of the Transportation Security Administration, or designee. (F) The Assistant Commandant for Response Policy of the Coast Guard, or designee. (G) The Assistant Administrator for the Office of Solid Waste and Emergency Response of the Environmental Protection Agency, or designee. (H) The Associate Administrator for Hazardous Materials Safety of the Pipeline and Hazardous Materials Safety Administration, or designee. (I) The Chief Safety Officer and Assistant Administrator of the Federal Motor Carrier Safety Administration, or designee. (J) Such other qualified individuals as the Administrator shall appoint as soon as practicable after the date of the enactment of the RESPONSE Act of 2014 (i) Members of the National Advisory Council that have the requisite technical knowledge and expertise to address rail safety issues, including members from the following disciplines: (I) Emergency management and emergency response providers, including fire service, law enforcement, hazardous materials response, and emergency medical services. (II) State, local, and tribal government officials with expertise in preparedness, protection, response, recovery, and mitigation, including Adjutants General. (III) Elected State, local, and tribal government executives. (IV) Such other individuals as the Administrator determines to be appropriate. (ii) Individuals who have the requisite technical knowledge and expertise to serve on the RESPONSE Subcommittee, including representatives of— (I) the rail industry; (II) the oil industry; (III) the communications industry; (IV) emergency response providers, including individuals nominated by national organizations representing local governments and personnel; (V) representatives from national Indian organizations; (VI) technical experts; and (VII) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency responder services. (iii) Representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate. (3) Chairperson The Deputy Administrator for Protection and National Preparedness shall serve as the Chairperson of the RESPONSE Subcommittee, or designee. (4) Meetings (A) Initial meeting The initial meeting of the RESPONSE Subcommittee shall take place not later than 90 days after the date of the enactment of the RESPONSE Act of 2014 (B) Other meetings After the initial meeting, the RESPONSE Subcommittee shall meet at least twice annually, with at least 1 meeting conducted in person, at the call of the Chairperson. (5) Consultation with nonmembers The RESPONSE Subcommittee and the program offices for emergency responder training and resources shall consult with other relevant agencies and groups, including entities engaged in federally funded research and academic institutions engaged in relevant work and research, which are not represented on the RESPONSE Subcommittee to consider new and developing technologies and methods that may be beneficial to preparedness and response to rail incidents. (6) Recommendations The RESPONSE Subcommittee shall develop recommendations for improving emergency responder training and resource allocation, including the following: (A) Quality and application of training for local emergency first responders related to rail hazardous materials incidents, with a particular focus on local emergency responders and small communities near railroads, including the following: (i) Ease of access to relevant training for local emergency first responders, including an analysis of— (I) the number of individuals being trained; (II) the number of individuals who are applying; (III) whether current demand is being met; (IV) current challenges; and (V) projected needs. (ii) Modernization of course content related to rail hazardous materials incidents, with a particular focus on response to the exponential rise in oil shipments by rail. (iii) Evaluation of content across agencies and the private sector to provide complementary opportunities for courses and avoid overlap, including the following: (I) Overlap of course content among agencies. (II) Assess the need for integrated course content through public-private partnerships. (III) Regular and ongoing evaluation of course opportunities, adaptation to emerging trends, agency and private sector outreach, effectiveness and ease of access for local emergency responders. (iv) Online training platforms, train-the-trainer and mobile training options. (B) Effectiveness of funding levels related to training local emergency responders for rail hazardous materials incidents, with a particular focus on local emergency responders and small communities, including the following: (i) Minimizing overlap in resource allocation among agencies. (ii) Minimizing overlap in resource allocation among agencies and private sector. (iii) Maximizing public-private partnerships where funding gaps exists for specific training or cost-saving measures can be implemented to increase training opportunities. (iv) Adaptation of priority settings for agency funding allocations in response to emerging trends. (v) Evaluation of historic levels of funding across agencies and private sector for rail hazardous materials incidents. (vi) Assessment of the need for increase funding for agencies and specific agencies where funding would be most effective. (C) Strategy for integration of commodity flow studies, mapping, and access platforms for local emergency responders and how to increase the rate of access to the individual responder in existing or emerging communications technology. (D) The lack of emergency response plans for rail, similar to existing law related to maritime and stationary facility emergency response plans, including the following: (i) Provisions of law relating to the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.). (ii) How the industry would implement such plans. (iii) The thresholds and availability of emergency plans for each train related to hazardous materials in its cargo. (iv) Gaps in existing regulations across agencies. (E) Development of a train incident database, including the following: (i) An assessment of the appropriate agency to host the database. (ii) A definition of incident that would constitute the level of reporting from the industry. (iii) The projected cost of such a database and how that database would be maintained and enforced. (F) Increasing access to relevant, useful, and timely information for the local emergency responder, including the following: (i) Evaluation of existing information that the emergency responder can access, what the current rate of access and usefulness is for the emergency responder, and what current information should remain and what should be reassessed. (ii) Utilization of existing technology in the hands of the first responder to maximize delivery of useful and timely information for training or in the event of an incident. (iii) Assessment of emerging communications technology that could assist the emergency responder in the event of a rail hazardous materials incident. (G) Determination of the most efficient agencies and offices for the implementation of the recommendations, including— (i) recommendations that can be implemented without congressional action and appropriate time frames for such actions; and (ii) recommendations that would require congressional action. (7) Report Not later than 1 year after the date of the enactment of the RESPONSE Act of 2014 (A) the Administrator; (B) the head of each agency represented on the RESPONSE Subcommittee; (C) the Committee on Homeland Security and Governmental Affairs of the Senate (D) the Committee on Homeland Security of the House of Representatives (E) the Committee on Transportation and Infrastructure of the House of Representatives (8) Interim activity (A) Updates and oversight After the submission of the report by the National Advisory Council under paragraph (7), the Administrator shall— (i) provide quarterly updates to the National Advisory Council, the RESPONSE Subcommittee, and the congressional committees referred to in paragraph (7) regarding the status of the implementation of the recommendations developed under paragraph (6); and (ii) oversee the implementation of the recommendations described in paragraph (6)(G)(i). (B) Additional reports After submitting the report required under paragraph (7), the RESPONSE Subcommittee shall submit additional reports and recommendations in the same manner and to the same entities identified in paragraph (7) if needed or requested from Congress or from the Administrator. (9) Termination (A) In general Except as provided in subparagraph (B), the RESPONSE Subcommittee shall terminate not later than 4 years after the date of the enactment of the RESPONSE Act of 2014 (B) Extension The Administrator may extend the duration of the RESPONSE Subcommittee, in 1-year increments, if the Administrator determines that additional reports and recommendations are needed from the RESPONSE Subcommittee after the termination date set forth in subparagraph (A). .

RESPONSE Act of 2014

Safe and Affordable Drugs from Canada Act of 2014 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require the Secretary of Health and Human Services (HHS) to promulgate regulations permitting individuals to safely import into the United States, with exceptions, a prescription drug purchased from an approved Canadian pharmacy that: is dispensed by a pharmacist licensed in Canada; is purchased for personal use in quantities not greater than a 90-day supply; is filled using a valid prescription issued by a physician licensed to practice in the United States; and has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved under the FFDCA. Provides criteria for approval of a Canadian pharmacy. Requires HHS to publish a list of approved Canadian pharmacies, including their website address, from which individuals may purchase prescription drugs in accordance with this Act.

113 S2549 IS: Safe and Affordable Drugs from Canada Act of 2014 U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2549 IN THE SENATE OF THE UNITED STATES June 26, 2014 Ms. Klobuchar Mr. McCain Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to allow for the personal importation of safe and affordable drugs from approved pharmacies in Canada. 1. Short title This Act may be cited as the Safe and Affordable Drugs from Canada Act of 2014 2. Safe and affordable drugs from Canada Chapter VIII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381 et seq. 810. Importation by individuals of prescription drugs from Canada (a) In general Notwithstanding any other provision of this Act, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations permitting individuals to safely import into the United States a prescription drug described in subsection (b). (b) Prescription drug A prescription drug described in this subsection— (1) is a prescription drug that— (A) is purchased from an approved Canadian pharmacy; (B) is dispensed by a pharmacist licensed to practice pharmacy and dispense prescription drugs in Canada; (C) is purchased for personal use by the individual, not for resale, in quantities that do not exceed a 90-day supply; (D) is filled using a valid prescription issued by a physician licensed to practice in a State in the United States; and (E) has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved by the Secretary under chapter V; and (2) does not include— (A) a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (B) a biological product (as defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 (C) an infused drug (including a peritoneal dialysis solution); (D) an intravenously injected drug; (E) a drug that is inhaled during surgery; (F) a parenteral drug; (G) a drug manufactured through 1 or more biotechnology processes, including— (i) a therapeutic DNA plasmid product; (ii) a therapeutic synthetic peptide product of not more than 40 amino acids; (iii) a monoclonal antibody product for in vivo use; and (iv) a therapeutic recombinant DNA-derived product; (H) a drug required to be refrigerated at any time during manufacturing, packing, processing, or holding; or (I) a photoreactive drug. (c) Approved Canadian pharmacy (1) In general In this section, an approved Canadian pharmacy is a pharmacy that— (A) is located in Canada; and (B) that the Secretary certifies— (i) is licensed to operate and dispense prescription drugs to individuals in Canada; and (ii) meets the criteria under paragraph (3). (2) Publication of approved canadian pharmacies The Secretary shall publish on the Internet Web site of the Food and Drug Administration a list of approved Canadian pharmacies, including the Internet Web site address of each such approved Canadian pharmacy, from which individuals may purchase prescription drugs in accordance with subsection (a). (3) Additional criteria To be an approved Canadian pharmacy, the Secretary shall certify that the pharmacy— (A) has been in existence for a period of at least 5 years preceding the date of such certification and has a purpose other than to participate in the program established under this section; (B) operates in accordance with pharmacy standards set forth by the provincial pharmacy rules and regulations enacted in Canada; (C) has processes established by the pharmacy, or participates in another established process, to certify that the physical premises and data reporting procedures and licenses are in compliance with all applicable laws and regulations, and has implemented policies designed to monitor ongoing compliance with such laws and regulations; (D) conducts or commits to participate in ongoing and comprehensive quality assurance programs and implements such quality assurance measures, including blind testing, to ensure the veracity and reliability of the findings of the quality assurance program; (E) agrees that laboratories approved by the Secretary shall be used to conduct product testing to determine the safety and efficacy of sample pharmaceutical products; (F) has established, or will establish or participate in, a process for resolving grievances and will be held accountable for violations of established guidelines and rules; (G) does not resell products from online pharmacies located outside Canada to customers in the United States; and (H) meets any other criteria established by the Secretary. .

Safe and Affordable Drugs from Canada Act of 2014

Civil Rights Voting 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 the individual has been convicted of a non-violent criminal offense, unless, at the time of the election, the individual is serving a sentence in a correctional facility or a term of probation. Restores the right to vote of an individual on probation: (1) on the date the term of probation ends, if such term is less than one year; or (2) one year after the date the individual begins serving the term of probation, if such term is one year or longer. Directs the Attorney General to determine and establish a list of the criminal offenses under federal and state law that are non-violent criminal offenses. Provides for enforcement of, and remedies for violations of, this Act. Sets forth requirements for state and federal notification of individuals of their voting rights pursuant to this Act. Prohibits a state, local government, or other person from receiving or using federal grant amounts to construct or improve a place of incarceration unless that person has in effect a program under which each incarcerated individual is notified, upon release, of his or her rights under this Act.

113 S2550 IS: Civil Rights Voting Restoration Act of 2014 U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2550 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. Paul Mr. Reid Committee on the Judiciary A BILL To secure the Federal voting rights of non-violent persons when released from incarceration. 1. Short title This Act may be cited as the Civil Rights Voting Restoration Act of 2014 2. Definitions In 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) Non-violent criminal offense The term non-violent criminal offense section 16 (5) 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 parole board; or (D) supervision of the individual by an officer of the court or parole board. 3. Rights of citizens (a) Right To vote 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 the individual has been convicted of a non-violent criminal offense, unless, at the time of the election, the individual— (1) is serving a sentence in a correctional institution or facility; or (2) subject to subsection (b), is serving a term of probation. (b) Restoration of voting rights for individuals on probation An individual who is serving a term of probation shall have the right to vote restored in any election for Federal office— (1) on the date on which the term of probation ends, if the term of probation is less than 1 year; or (2) on the date that is 1 year after the date on which the individual begins serving the term of probation, if the term of probation is 1 year or longer. (c) Effective date This section shall take effect 1 year after the date of enactment of this Act. 4. Attorney General designation (a) In general Not later than 1 year after the date of enactment of this Act, the Attorney General shall determine which criminal offenses under Federal law and the laws of each State are non-violent criminal offenses and establish a list of all such offenses. (b) Requirements The list established under subsection (a) shall be— (1) made publically available, in a searchable format, on the website of the Department of Justice; and (2) updated no less frequently than every year. 5. 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. 6. 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 non-violent criminal offense under the law of that State that the individual has, pursuant to this Act, the right to vote in an election for Federal office and to register to vote in any such election, subject to section 7(c). (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 the individual is sentenced by a State court. (b) Federal notification (1) Notification On the date determined under paragraph (2), the Director of the Bureau of Prisons shall notify in writing any individual who has been convicted of a non-violent criminal offense under Federal law that the individual has, pursuant to this Act, the right to vote in an election for Federal office and to register to vote in any such election, subject to section 7(c). (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 by a court established by an Act of Congress; or (ii) is released from the custody of the Bureau of Prisons (other than to the custody of a State 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 the individual is sentenced by a State 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— (1) are in addition to all other rights and remedies provided by law; and (2) shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. (c) State laws relating to voter registration Nothing in this Act shall be construed to preempt State laws relating to the timing of voter registration for any election for Federal office. 8. Federal prison funds (a) In general 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 grant amounts unless that person has in effect a program under which each individual incarcerated in that person’s jurisdiction is notified, upon release from such incarceration, of that individual’s rights under section 3. (b) State non-Compliance with notification requirements No State may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal grant amounts unless the State is in compliance with the notification requirements under section 6(a).

Civil Rights Voting Restoration Act of 2014

Medicare Advantage Participant Bill of Rights Act of 2014 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to require a Medicare Advantage (MA) organization to remove a service provider or a supplier from a plan network only for cause, subject to completion of a fair notice and appeals process. Lists as cause for removal: (1) medical negligence, (2) violation of any legal or contractual requirement for the provider or supplier acting within the lawful scope of practice, or (3) unfitness to furnish items and services in accordance with Medicare requirements. Requires an MA organization offering an MA plan to include information on the measures used to establish or modify the plan's provider network: (1) in the annual bid information submitted about the MA plan, and (2) on the plan's Internet Web. Subjects to certain sanctions MA organizations with contracts which fail to meet these information requirements. Directs the Secretary of Health and Human Services (HHS) to: (1) seek input from patient advocacy groups and others in applying network access adequacy standards, and (2) take necessary measures to ensure that the Medicare Advantage Compare Tool takes into account the preferences and utilization needs of such individuals.

113 S2552 IS: Medicare Advantage Participant Bill of Rights Act of 2014 U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2552 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. Brown Mr. Blumenthal Committee on Finance A BILL To enhance beneficiary and provider protections and improve transparency in the Medicare Advantage market, and for other purposes. 1. Short title This Act may be cited as the Medicare Advantage Participant Bill of Rights Act of 2014 2. Limitation on removal of Medicare Advantage providers by MA organizations (a) Limitation Section 1852(d) of the Social Security Act ( 42 U.S.C. 1395w–22(d) (7) Limitation on removal of providers from MA plans by MA organizations (A) Removal of providers with cause Beginning with plan year 2015, except as provided in subparagraph (C), an MA organization offering an MA plan may only remove a provider of services or a supplier from a network of such plan if the organization has cause to remove such provider or supplier. (B) Cause to remove providers (i) In General An MA organization offering an MA plan has cause to remove a provider of services or a supplier from a network of such plan if the Secretary determines that the provider or supplier is— (I) medically negligent; (II) in violation of any legal or contractual requirement applicable to the provider or supplier acting within the lawful scope of practice, including any participation or other requirement applicable to such provider or supplier under this title or under any contractual term for such plan; or (III) otherwise unfit to furnish items and services in accordance with requirements of this title. (ii) Consideration of cost to MA organizations For purposes of subparagraph (A), cost to an MA organization offering an MA plan due to the participation of a provider of services or supplier in a network of such plan does not constitute cause for the MA organization to remove such provider or supplier from the network, and such cost may not be considered as a factor in favor of a determination that such organization has cause to remove the provider. (C) Exception With respect to each upcoming plan year, beginning with plan year 2015, an MA organization offering an MA plan may only remove a provider of services or supplier from a network of such plan for reasons not specified in subparagraph (B)(i) before the date that is 60 days before the first day of the annual coordinated election period for such plan year under section 1851(e)(3). (D) Notice and appeal process (i) In General Any removal of a provider of services or supplier from a network of an MA plan may occur only after the completion of a fair notice and appeal process that the Secretary shall establish by regulation. Such process shall require the MA organization to provide to such provider or supplier and to the Secretary an explanation of the reason or reasons for the removal. (ii) Application (I) Application of new process In the case of a removal of a provider of services or supplier from a network of an MA plan occurring on or after the effective date published in a final rule for such fair notice and appeal process, such process shall apply in lieu of the process for the termination or suspension of a provider contract under section 422.202(a) (II) Continuation of old process In the case of a removal of a provider of services or supplier from a network of an MA plan occurring before such effective date, the process for the termination or suspension of a provider contract under section 422.202(a) (E) Participant notice and protection (i) Notice to participants of provider removal Not less than 60 days before the date on which a provider of services or supplier is removed from a network of an MA plan, the MA organization offering such plan shall provide notification of the removal to each individual enrolled in such plan receiving items or services from the provider or supplier during the plan year in effect on the date of removal or during the previous plan year. Such notification shall include— (I) the names and telephone numbers of in-network providers of services and suppliers offering items and services that are the same or similar to the items and services offered by the removed provider or supplier; (II) information regarding the options available to an individual enrolled in such plan to request the continuation of medical treatment or therapy with the removed provider or supplier; and (III) one or more customer service telephone numbers that an individual enrolled in such plan may access to obtain information regarding changes to the network of the plan. (ii) Annual notice of change In addition to providing the notification of removal as required under clause (i), the MA organization offering such MA plan shall include such notification in the annual notice of change for the MA plan for the upcoming plan year. (iii) Continuity of care In any case in which a provider of services or supplier is removed from a network of an MA plan, such plan shall ensure that the removal satisfies the continuity of care requirements under paragraph (1)(A) with respect to each individual enrolled in such plan receiving items or services from the provider or supplier during the plan year in effect on the date of removal or during the previous plan year. (F) Rule of construction Nothing in this paragraph shall be construed as affecting the ability of a provider of services or supplier to decline to participate in a network of an MA plan. (8) Transparency in measures used by MA organizations to establish or modify provider networks (A) In General Beginning with plan year 2016, an MA organization offering an MA plan shall include the information described in subparagraph (B)— (i) in the annual bid information submitted by the MA organization with respect to the MA plan under section 1854; and (ii) on the Internet Web Site for the MA plan. (B) Information described The information described in this subparagraph is the following: (i) Information regarding the measures used by the MA organization to establish or modify the provider network of the MA plan, including measures of the quality and efficiency of providers. Such information shall include the specifications, methodology, and sample size of such measures. (ii) Other information related to the establishment or modification of such provider network that the Secretary determines appropriate. (C) Limitation The information described in subparagraph (B) shall not include any individually identifiable information of any provider or supplier of services. . (b) Enforcement (1) Sanctions for noncompliance Section 1857(g)(1) of the Social Security Act ( 42 U.S.C. 1395w–27(g)(1) (A) in subparagraph (J), by striking or (B) by redesignating subparagraph (K) as subparagraph (L); (C) by inserting after subparagraph (J) the following new subparagraph: (K) fails to comply with sections 1852(d)(7) or 1852(d)(8); or ; and (D) in subparagraph (L) (as so redesignated), by striking through (J) through (K) (2) Sanctions not applicable to part D Title XVIII of the Social Security Act is amended— (A) in section 1860D–12(b)(3)(E) ( 42 U.S.C. 1395w–112(b)(3)(E) paragraph (1)(F) paragraphs (1)(F) and (1)(K) (B) in section 1894(e)(6)(B) ( 42 U.S.C. 1395eee(e)(6)(B) (other than paragraph (1)(K) of such section) 1857(g)(1) (c) Network access adequacy standards Beginning with plan year 2015, in applying the network access adequacy standards pursuant to section 1852(d)(1) of the Social Security Act ( 42 U.S.C. 1395w–22(d)(1) (d) Medicare Advantage Plan Compare Tool Not later than September 30, 2015, the Secretary of Health and Human Services shall take such measures as are necessary to ensure that the Medicare Advantage Compare Tool takes into account the preferences and utilization needs of such individuals.

Medicare Advantage Participant Bill of Rights Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Keystone XL Pipeline Approval Act - Authorizes TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain the pipeline and cross-border facilities specified in an application filed by TransCanada Corporation to the Department of State on May 4, 2012. Deems the Final Supplemental Environmental Impact Statement regarding the pipeline issued by the Secretary of State in January 2014 to fully satisfy the National Environmental Policy Act of 1969 and any law that requires federal agency consultation or review, including the Endangered Species Act of 1973. Declares any applicable federal permit or authorization issued before enactment of this Act to remain in effect. Grants the United States Court of Appeals for the District of Columbia Circuit, subject to review in the Supreme Court of the United States, original and exclusive jurisdiction over any civil action for the review of any order or action of a federal agency regarding the pipeline and cross-border facilities, and the related facilities in the United States, approved by this Act (including any order granting a permit or right-of-way, or any other agency action taken to construct or complete the project). Declares that this Act does not alter any federal, state, or local process or condition in effect on the date of enactment of this Act that is necessary to secure access from an owner of private property to construct the pipeline and cross-border facilities.

113 S2554 PCS: Keystone XL Pipeline Approval 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. II Calendar No. 446 113th CONGRESS 2d Session S. 2554 [Report No. 113–200] IN THE SENATE OF THE UNITED STATES June 26, 2014 Ms. Landrieu Committee on Energy and Natural Resources A BILL To approve the Keystone XL Pipeline. 1. Short title This Act may be cited as the Keystone XL Pipeline Approval Act 2. Keystone XL approval (a) In general TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline and cross-border facilities described in the application filed on May 4, 2012, by TransCanada Corporation to the Department of State (including any subsequent revision to the pipeline route within the State of Nebraska required or authorized by the State of Nebraska). (b) Environmental impact statement The Final Supplemental Environmental Impact Statement issued by the Secretary of State in January 2014, regarding the pipeline referred to in subsection (a), and the environmental analysis, consultation, and review described in that document (including appendices) shall be considered to fully satisfy— (1) all requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) any other provision of law that requires Federal agency consultation or review (including the consultation or review required under section 7(a) of the Endangered Species Act of 1973 16 U.S.C. 1536(a) (c) Permits Any Federal permit or authorization issued before the date of enactment of this Act for the pipeline and cross-border facilities referred to in subsection (a) shall remain in effect. (d) Judicial review Except for review in the Supreme Court of the United States, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction over any civil action for the review of an order or action of a Federal agency regarding the pipeline and cross-border facilities described in subsection (a), and the related facilities in the United States, that are approved by this Act (including any order granting a permit or right-of-way, or any other agency action taken to construct or complete the project pursuant to Federal law). (e) Private property savings clause Nothing in this Act alters any Federal, State, or local process or condition in effect on the date of enactment of this Act that is necessary to secure access from an owner of private property to construct the pipeline and cross-border facilities described in subsection (a). June 26, 2014 Read twice and placed on the calendar

Keystone XL Pipeline Approval Act

Great Lakes Maritime Heritage Assessment Act of 2014 - Requires the Under Secretary for Oceans and Atmosphere of the Department of Commerce to assess and report on the cultural and historic resources in the waters of the Great Lakes. Directs the Under Secretary to make recommendations in the report on whether: (1) underwater geographic areas in the Great Lakes should be designated as national marine sanctuaries to protect resources of historical and archeological significance; and (2) the designation of a network of underwater Great Lakes areas that protect those resources could bring significant educational opportunities, economic development, jobs, and tourism to the Great Lakes region.

113 S2556 IS: Great Lakes Maritime Heritage Assessment Act of 2014 U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2556 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. Levin Ms. Klobuchar Ms. Stabenow Ms. Baldwin Mr. Brown Committee on Commerce, Science, and Transportation A BILL To require the Under Secretary for Oceans and Atmosphere to conduct an assessment of cultural and historic resources in the waters of the Great Lakes, and for other purposes. 1. Short title This Act may be cited as the Great Lakes Maritime Heritage Assessment Act of 2014 2. Assessment of cultural and historic resources in waters of Great Lakes (a) In general Not later than 1 year after the date of the enactment of this Act, the Under Secretary for Oceans and Atmosphere shall— (1) conduct an assessment of cultural and historic resources in the waters of the Great Lakes; and (2) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings of the Under Secretary with respect to such assessment. (b) Elements The report required by subsection (a)(2) shall include the following: (1) Identification of underwater geographic areas in the Great Lakes that possess historical and archaeological resources of sufficient value and density to make them nationally significant. (2) A description of the historical and archaeological resources in such geographic areas. (3) An evaluation of community interest in preserving and interpreting such resources. (4) A recommendation regarding whether such geographic areas should be designated as national marine sanctuaries to protect resources of historical and archeological significance. (5) Recommendations regarding whether the designation of a network of underwater Great Lakes areas that protect resources of historical and archeological significance, including the existing successful Thunder Bay National Marine Sanctuary, could bring significant educational opportunities, economic development, jobs, and tourism to the Great Lakes region. (c) Collaboration In carrying out this section, the Under Secretary shall collaborate with local communities.

Great Lakes Maritime Heritage Assessment Act of 2014

Core Opportunity Resources for Equity and Excellence Act of 2014 - Amends the school improvement program under part A of title I of the the Elementary and Secondary Education Act of 1965 (ESEA) to require states to adopt student achievement standards that lead to college and career readiness by high school graduation. Requires each state school improvement plan to ensure that the state's public school system enables students to meet those standards by providing them with fair and equitable access to the core resources for learning. Includes among the core resources for learning: high-quality instructional teams; rigorous academic standards and curricula that lead to college and career readiness by high school graduation; equitable and instructionally appropriate class sizes; up-to-date instructional materials, technology, and supplies; effective school library programs; school facilities and technology, including physically and environmentally sound school buildings and well-equipped instructional spaces; specialized instruction support teams providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services as part of a comprehensive program to meet student needs; and effective programs to engage families and the community in education. Prohibits states that fail to make progress toward eliminating inequities in access to the core resources for learning for two or more consecutive years from receiving funds under any competitive grant program authorized by the ESEA. Requires the annual report cards publicly disseminated by states and their local educational agencies (LEAs) to include information on the performance of LEAs and schools in providing students with fair and equitable access to the core resources for learning. Requires states to identify any of their LEAs as needing improvement if they: (1) fail for two consecutive years to make adequate yearly progress toward state academic content and achievement standards, or (2) have received a waiver of the ESEA's statutory or regulatory requirements from the Secretary of Education. Requires states to: (1) identify any inequities in access to the core resources of learning in schools served by an LEA that has been identified as needing improvement, and (2) work with the LEA to address those inequities. Prohibits the Secretary from waiving this Act's requirements for accountability in providing students with access to the core resources for learning.

113 S2557 IS: Core Opportunity Resources for Equity and Excellence Act of 2014 U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2557 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. Reed Mr. Brown Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 to provide for State accountability in the provision of access to the core resources for learning, and for other purposes. 1. Short title This Act may be cited as the Core Opportunity Resources for Equity and Excellence Act of 2014 2. State and school district accountability (a) In general Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended— (1) in section 1111— (A) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A), by inserting that lead to college and career readiness by high school graduation and challenging student academic achievement standards (II) in subparagraph (D)(i)— (aa) in subclause (II), by striking and (bb) by adding at the end the following: (IV) lead to college and career readiness by high school graduation; and ; and (ii) in paragraph (2), by adding at the end the following: (L) State accountability in the provision of access to the core resources for learning (i) In general Each State plan shall demonstrate that the State has developed an accountability system that ensures that the State’s public school system provides all students within the State an education that enables the students to succeed from the earliest grades, and graduate from high school ready for college, career, and citizenship, through— (I) the provision of fair and equitable access to the core resources for learning; (II) the provision of educational services in local educational agencies that receive funds under this part; and (III) compliance with any final Federal or State court order in any matter concerning the adequacy or equitableness of the State’s public school system. (ii) Core resources for learning The core resources for learning are the resources and student supports necessary to provide all students the opportunity to develop the knowledge and skills that lead to college and career readiness by high school graduation. Such resources shall include the following: (I) High-quality instructional teams, including licensed, cre­den­tialed, and profession-ready teachers, principals, school librarians, counselors, and education support personnel. (II) Rigorous academic standards and curricula that lead to college and career readiness by high school graduation, including the extent to which each local educational agency provides access to such standards and curricula in a manner that is accessible to all students, including students with disabilities and English learners. (III) Equitable and in­struc­tion­al­ly appropriate class sizes. (IV) Up-to-date instructional materials, technology, and supplies, including textbooks, computers, mobile devices, and access to broadband. (V) Effective school library programs. (VI) School facilities and technology, including physically and environmentally sound school buildings and well-equipped instructional spa­ces, including laboratories and libraries. (VII) Specialized instruction support teams, including school counselors, school social workers, school psychologists, school nurses, and other qualified professionals involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs. (VIII) Effective programs for family and community engagement in education. (iii) Reporting Each State desiring to receive a grant under this part shall annually report to the Secretary how the State is meeting the requirements for providing equitable access to the core resources for learning as required in clause (i) and any areas of inequitable access, plans to address such inequities, and progress toward eliminating such inequities. (iv) Accountability and remediation A State that fails to make progress toward eliminating inequities in access to the core resources for learning as required in clause (i) identified for 2 or more consecutive years shall not be eligible to receive funds under any competitive grant program authorized under this Act. ; and (B) in subsection (h)— (i) in paragraph (1)(C)(vii), by striking information on the performance of local educational agencies in the State regarding making adequate yearly progress, including the number and names of each school identified for school improvement under section 1116 information on the performance of local educational agencies in the State in providing fair and equitable access to the core resources for learning and the number and names of each school and each agency identified for improvement under section 1116 or under the terms of any waiver granted under section 9401 (ii) in paragraph (2)(B)— (I) in clause (i)— (aa) in subclause (I), by striking and (bb) by adding at the end the following: (III) information that shows how students served by the local educational agency are provided access to the core resources for learning compared to students in the State as a whole; and ; (II) in clause (ii)— (aa) in subclause (I), by striking and (bb) in subclause (II), by striking the period at the end and inserting ; and (cc) by adding at the end the following: (III) information that shows how the school’s students are provided access to the core resources for learning compared to students in the local educational agency and the State as a whole. ; (iii) in paragraph (4)— (I) in subparagraph (F), by striking and (II) in subparagraph (G), by striking the period at the end and inserting ; and (III) by adding at the end the following: (H) the number and names of each local educational agency identified for improvement under section 1116 or under the terms of any waiver granted under section 9401, the reason each such agency was so identified, and the measures taken to address the achievement problems of each such agency. ; (2) in section 1116(c), by striking paragraph (3) and inserting the following: (3) Identification of local educational agency for improvement (A) In general A State shall identify for improvement— (i) any local educational agency that, for 2 consecutive years, including the period immediately prior to the date of enactment of the No Child Left Behind Act of 2001, failed to make adequate yearly progress as defined in the State's plan under section 1111(b)(2); or (ii) any local educational identified under the terms of a waiver granted under section 9401. (B) Intervention in local educational agencies identified for improvement With respect to each local educational agency identified for improvement by a State under this section or under the terms of any waiver granted under section 9401, the State— (i) shall identify any inequities in access to the core resources for learning in the schools served by the agency; and (ii) in partnership with such agency, shall develop and implement a plan to address identified inequities in access to the core resources for learning. . (b) Restrictions on waivers Section 9401(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861(c) (1) in paragraph (9)(C), by striking or (2) in paragraph (10), by striking the period at the end and inserting ; or (3) by adding at the end the following: (11) accountability for the provision of the core resources for learning. .

Core Opportunity Resources for Equity and Excellence Act of 2014

Colonias Improvement Act of 2014 - Directs the Environmental Protection Agency (EPA) to issue, in consultation with the Department of Housing and Urban Development (HUD) and the Department of Agriculture (USDA), a rule defining colonia (a type of settlement along the border of the United States and Mexico) that: is the same for any program of the EPA, HUD, or USDA that specifically includes assistance for colonias (covered program); is limited to a community that is located within 75 miles of the border or that has applied for or received funding under a covered program before this Act's enactment; reflects and preserves the historic, geographic, and cultural character of the communities served by the covered program; and may be used to determine whether an applicant qualifies for assistance under a program. Directs the EPA, HUD, and USDA to establish and update an online clearinghouse with information relating to covered programs and links to information specific to each state. Requires EPA to establish a working group that includes HUD and USDA to review covered programs, record information relating to each award made under a covered program, hold public hearings, and make recommendations to Congress for improving the programs.

113 S2558 IS: Colonias Improvement Act of 2014 U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2558 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. Udall of New Mexico Mr. Heinrich Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to revise the definition of the term colonia 1. Short title This Act may be cited as the Colonias Improvement Act of 2014 2. Definitions In this Act: (1) Administrator The term Administrator (2) Covered program The term covered program (A) water and waste facility loans and grants under section 306C of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926c (B) wastewater assistance to colonias under section 307 of the Safe Drinking Water Act Amendments of 1996 ( 33 U.S.C. 1281 Public Law 104–182 (C) drinking water assistance to colonias under section 1456 of the Public Health Service Act (42 U.S.C. 300j–16); (D) housing assistance under section 509(f) of the Housing Act of 1949 (42 U.S.C. 1479(f)); (E) community development block grant assistance under section 916 of the Cranston–Gonzalez National Affordable Housing Act ( 42 U.S.C. 5306 Public Law 101–625 (F) assistance under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308); and (G) any other program of the Environmental Protection Agency, the Department of Housing and Urban Development, or the Department of Agriculture that specifically includes assistance for colonias, as determined by the Administrator. 3. Revised definition (a) Revised definition required Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Housing and Urban Development and the Secretary of Agriculture, shall issue a proposed rule containing a definition of the term colonia (1) is the same for each covered program, to the extent consistent with the provisions of law described in subparagraphs (A) through (F) of section 2(2) and the requirements of any program described in subparagraph (G) of such section 2(2); (2) is limited to a community that— (A) is located within 75 miles of the border between the United States and Mexico; or (B) has applied for or received funding under a covered program before the date of enactment of this Act; (3) reflects and preserves the historic, geographic, and cultural character of the communities served by the covered programs; and (4) may be used to determine whether an applicant qualifies for assistance under any covered program. (b) Exemptions The rule issued under subsection (a) may include a process by which the Administrator may request a limited exemption from the application of the revised definition to a covered program. (c) Final rule The Administrator shall ensure that the final rule under subsection (a) takes effect not later than 1 year after the date of enactment of this Act. 4. Webpage The Administrator, the Secretary of Housing and Urban Development, and the Secretary of Agriculture shall establish and regularly update a webpage that— (1) serves as a clearinghouse for information relating to the covered programs; and (2) includes links to information specific to each State in which a covered program operates, including local contact information. 5. Working Group (a) Establishment The Administrator shall establish a working group that includes the Secretary of Housing and Urban Development and the Secretary of Agriculture— (1) to review covered programs; (2) to record information relating to each award that is and has been made under a covered program; (3) to hold public hearings relating to covered programs; and (4) to make recommendations to Congress for improvements to covered programs, including improvements— (A) that address the economic and social development of colonias; and (B) to the application process for covered programs. (b) Report Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report that includes— (1) the results of the review under subsection (a)(1); (2) a summary of the information recorded under subsection (a)(2); (3) the recommendations under subsection (a)(3); (4) a plan to include transportation planning and health considerations in covered programs; (5) a survey of needs that are not met by covered programs; (6) a plan to develop key indicators for living standards in communities served by covered programs, including health, education, and housing conditions; (7) proposed metrics for tracking the success of covered programs and identifying areas for the improvement of covered programs; and (8) any other applicable information, as determined by the Administrator. 6. Cultural sensitivity The Administrator, and any person working with the Administrator to carry out a covered program, shall make every effort— (1) to carry out this Act in a manner that is sensitive to the cultural and regional differences among communities served by covered programs; and (2) to work with local organizations that carry out activities in communities served by covered programs.

Colonias Improvement Act of 2014

Motor Vehicle Safety Act of 2014 - Revises early warning reporting requirements for manufacturers of motor vehicles regarding possible defects of motor vehicles and motor vehicle equipment. Requires the Secretary of Transportation (DOT) to issue regulations establishing categories of information that must be made available to the public. Requires the public disclosure of possible defects of motor vehicles or related equipment reported to the Secretary by motor vehicle manufacturers (Early Warning data). Directs the Secretary to: (1) take specified actions to improve public accessibility to information on National Highway Traffic Safety Administration (NHTSA) vehicle safety databases, and (2) promulgate rules requiring the senior senior official for safety for a corporation to be responsible for requests for information in NHTSA safety or compliance investigations. Requires the Department of Transportation (DOT) Office of the Inspector General to study NHTSA use of Early Warning data. Prohibits certain vehicle safety officials, for the two-year period after termination of NHTSA employment, from knowingly making any communication to or appearance before NHTSA on behalf of a manufacturer subject to NHTSA regulation in connection with any matter involving vehicle safety on which such person seeks official action by a NHTSA officer or employee. Prohibits a motor vehicle manufacturer or any other person subject to federal motor vehicle safety regulation from employing NHTSA employees for the two-year period following the employee's termination of employment with NHTSA. Prescribes civil penalties for violations of such prohibition. Establishes the Vehicle Safety Fund to meet U.S. obligations in carrying out NHTSA vehicle safety programs. Requires the Secretary to assess and collect, for deposit in the Fund, a vehicle safety user fee from the manufacturer for each motor vehicle certified compliant with applicable motor vehicle safety standards. Increases civil penalties for persons who violate federal motor vehicle safety requirements. Eliminates the maximum civil penalty for a related series of daily violations. Requires the Secretary to: (1) notify manufacturers of motor vehicles or replacement equipment whose defect or noncompliance with federal motor vehicle safety standards presents an imminent hazard of serious injury or death; and (2) order such manufacturers to notify immediately the owners, purchasers, and dealers of the vehicle or equipment of such hazard, and to remedy the defect or noncompliance. Prohibits a dealer from selling or leasing a used passenger motor vehicle unless: (1) the dealer clearly and conspicuously notifies the purchaser or lessee in writing of any unremedied defects or noncompliance with federal motor vehicle safety standards, and (2) the purchaser or lessee acknowledges in writing receipt of such notification.

113 S2559 IS: Motor Vehicle Safety Act of 2014 U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2559 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. Rockefeller Committee on Commerce, Science, and Transportation A BILL To provide greater transparency, accountability, and safety authority to the National Highway Traffic Safety Administration, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Motor Vehicle Safety Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Transparency and accountability Sec. 101. Public availability of early warning data. Sec. 102. Improved NHTSA vehicle safety database. Sec. 103. Corporate responsibility for NHTSA reports. Sec. 104. Reports to Congress. Sec. 105. Anti-revolving door. TITLE II—Funding Sec. 201. Vehicle safety user fee. Sec. 202. Authorization of appropriations. TITLE III—Enhanced safety authorities Sec. 301. Civil penalties. Sec. 302. Imminent hazard authority. Sec. 303. Used passenger motor vehicle consumer protection. 2. Definition of Secretary In this Act, the term Secretary I Transparency and accountability 101. Public availability of early warning data (a) In general Section 30166(m) (1) by striking clause (ii) in paragraph (3)(A) and inserting the following: (ii) customer satisfaction campaigns, customer advisories, recalls, consumer complaints, warranty claims, field reports, technical service bulletins, or other activity involving the repair or replacement of motor vehicles or motor vehicle equipment. ; and (2) by striking subparagraph (C) of paragraph (4) and inserting the following: (C) Disclosure The information provided to the Secretary pursuant to this subsection shall be disclosed publicly unless exempt from disclosure under section 552(b) . (b) Regulations Not later than 2 years after the date of enactment of this Act, the Secretary shall issue regulations establishing categories of information provided to the Secretary pursuant to section 30166(m) section 552(b) (c) Consultation In conducting the rulemaking required under subsection (b), the Secretary shall consult with the Director of the Office of Government Information Services within the National Archives and the Director of the Office of Information Policy of the Department of Justice. (d) Presumption and limitation The Secretary shall issue the regulations with a presumption in favor of maximum public availability of information. In issuing regulations under subsection (b), the following types of information shall presumptively not be eligible for protection under section 552(b) (1) Vehicle safety defect information related to incidents involving death or injury. (2) Aggregated numbers of property damage claims. (3) Aggregated numbers of consumer complaints related to potential vehicle defects. (e) Nullification of prior regulations Beginning 2 years after the date of enactment of this Act, the regulations establishing early warning reporting class determinations in Appendix C of part 512 of title 49, Code of Federal Regulations, shall have no force or effect. 102. Improved NHTSA vehicle safety database Not later than 2 years after the date of enactment of this Act, the Secretary shall improve public accessibility to information on the National Highway Traffic Safety Administration’s publicly accessible vehicle safety databases by— (1) improving organization and functionality, including modern web design features, and allowing for data to be searched, aggregated, and down­load­ed; (2) providing greater consistency in presentation of vehicle safety issues; and (3) improving searchability about specific vehicles and issues through standardization of commonly used search terms. 103. Corporate responsibility for NHTSA reports Section 30166(o) (1) in paragraph (1), by striking may shall (2) by adding at the end the following: (3) Deadline Not later than 1 year after the date of enactment of the Motor Vehicle Safety Act of 2014 . 104. Reports to Congress (a) Study on early warning data Not later than 3 years after the date of enactment of this Act, and biennially thereafter for 6 years, the Office of the Inspector General of the Department of Transportation shall complete a study of the utilization of early warning data by the National Highway Traffic Safety Administration (referred to in this section as NHTSA (1) The number and type of requests for information made by NHTSA based on data received in the early warning reporting system. (2) The number of safety defect investigations opened by NHTSA using any information reported to NHTSA through the early warning reporting system. (3) The nature and vehicle defect category of each safety defect investigation described in paragraph (2). (4) The number of safety defect investigations described in paragraph (2) that are subsequently closed without further action. (5) The duration of each safety defect investigation described in paragraph (2). (6) The percentage of the safety defect investigations described in paragraph (2) that result in a finding of a safety defect or recall by NHTSA. (7) Other information the Office of the Inspector General considers appropriate. (b) Report on operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies Not later than 6 months after the date of enactment of this Act, the Secretary shall prepare a report regarding the operations of the Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies. The report shall include information about the accomplishments of the Council, the role the Council plays in integrating and aggregating expertise across NHTSA, and the priorities of the Council over the next 5 years. (c) Submission of reports Each study described in subsection (a) and the report described in subsection (b) shall be submitted upon completion to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. 105. Anti-revolving door (a) Amendment Subchapter I of chapter 301 30107. Restriction on covered vehicle safety officials (a) In general During the 2-year period after the termination of his or her service or employment, a covered vehicle safety official may not knowingly make, with the intent to influence, any communication to or appearance before any officer or employee of the National Highway Traffic Safety Administration on behalf of any manufacturer subject to regulation under this chapter in connection with any matter involving motor vehicle safety on which such person seeks official action by any officer or employee of the National Highway Traffic Safety Administration. (b) Manufacturers It is unlawful for any manufacturer or other person subject to regulation under this chapter to employ or contract for the services of an individual to whom subsection (a) applies during the 2-year period commencing on the individual’s termination of employment with the National Highway Traffic Safety Administration in a capacity in which the individual is prohibited from serving during that period. (c) Special rule for detailees For purposes of this section, a person who is detailed from 1 department, agency, or other entity to another department, agency, or other entity shall, during the period such person is detailed, be deemed to be an officer or employee of both departments, agencies, or such entities. (d) Savings provision Nothing in this section may be construed to expand, contract, or otherwise affect the application of any waiver or criminal penalties under section 207 (e) Exception for testimony Nothing in this section may be construed to prevent an individual from giving testimony under oath, or from making statements required to be made under penalty of perjury. (f) Defined term In this section, the term covered vehicle safety official (1) who, during the final 12 months of his or her service or employment with the agency, serves or served in a technical or legal capacity, and whose job responsibilities include or included vehicle safety defect investigation, vehicle safety compliance, vehicle safety rulemaking, or vehicle safety research; and (2) who serves in a supervisory or management capacity over an officer or employee described in paragraph (1). (g) Effective date This section shall apply to covered vehicle safety officials who terminate service or employment with the National Highway Traffic Safety Administration after the date of enactment of the Motor Vehicle Safety Act of 2014 . (b) Civil penalty Section 30165(a) (5) Improper influence (A) In general An individual who violates section 30107(a) is liable to the United States Government for a civil penalty, as determined under section 216(b) of title 18, for an offense under section 207 of that title. (B) Manufacturers A manufacturer or other person subject to regulation under this chapter who violates section 30107(b) is liable to the United States Government for a civil penalty equal to the sum of— (i) an amount equal to not less than $100,000; and (ii) an amount equal to 90 percent of the annual compensation or fee paid or payable to the individual with respect to whom the violation occurred. . (c) Conforming amendment The table of contents for chapter 301 30107. Restriction on covered vehicle safety officials. . II Funding 201. Vehicle safety user fee (a) Amendment Subchapter I of chapter 301 30108. Vehicle safety user fee (a) Establishment of fund There is established in the Treasury of the United States a separate account for the deposit of fees under this section to be known as the Vehicle Safety Fund. (b) Assessment and collection of vehicle safety fees Beginning 1 year after the date of enactment of the Motor Vehicle Safety Act of 2014 (c) Deposit The Secretary shall deposit any fees collected under subsection (b) subsection (a) (d) Use Amounts in the Vehicle Safety Fund shall be available to the Secretary, as provided in subsection (i), for making expenditures to meet the obligations of the United States to carry out vehicle safety programs of the National Highway Traffic Safety Administration. (e) Vehicle safety user fee (1) First, second, and third year fees The fee assessed under this section for the first 3 years shall be as follows: (A) $3 for each motor vehicle certified during the first year in which such fees are assessed. (B) $6 for each motor vehicle certified during the second year in which such fees are assessed. (C) $9 for each motor vehicle certified during the third year in which such fees are assessed. (2) Subsequent years The fee assessed under this section for each motor vehicle certified after the third year in which such fees are assessed shall be adjusted by the Secretary by notice published in the Federal Register to reflect the total percentage change that occurred in the Consumer Price Index for all Urban Consumers for the 12-month period ending June 30 preceding the fiscal year for which fees are being established. (3) Payment The Secretary shall require payment of fees under this section on a quarterly basis and not later than one quarter after the date on which the fee was assessed. (f) Rulemaking Not later than 9 months after the date of enactment of the Motor Vehicle Safety Act of 2014 (g) Limitations (1) In general Fees under this section shall not be collected for a fiscal year unless appropriations for vehicle safety programs of the National Highway Traffic Safety Administration for that fiscal year (excluding the amount of fees appropriated for that fiscal year) are equal to or greater than the amount of appropriations for vehicle safety programs of the National Highway Traffic Safety Administration for fiscal year 2014. (2) Authority If the Secretary does not assess fees under this section during any portion of a fiscal year because of paragraph (1) (h) Collection of unpaid fees If the Secretary does not receive payment of a fee assessed under this section within 30 days after it is due, the fee shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31. (i) Authorization of appropriations In addition to funds authorized to be appropriated under section 30104, there is authorized to be appropriated from the Vehicle Safety Fund to the Secretary for the National Highway Traffic Safety Administration for each fiscal year in which fees are collected under subsection (b) (j) Crediting and Availability of Fees Fees authorized under subsection (b) shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. . (b) Clerical amendment The table of contents for chapter 301 30108. Vehicle safety user fee. . 202. Authorization of appropriations Section 30104 (1) by striking $98,313,500 (2) by striking in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2011. and to carry out the Motor Vehicle Safety Act of 2014 (1) $200,000,000 for fiscal year 2015; (2) $240,000,000 for fiscal year 2016; and (3) $280,000,000 for fiscal year 2017. . III Enhanced safety authorities 301. Civil penalties (a) In general Section 30165 (1) in subsection (a)(1)— (A) in the first sentence by striking $5,000 $25,000 (B) by striking the third sentence; and (2) in subsection (a)(3)— (A) in the second sentence by striking $5,000 $25,000 (B) by striking the third sentence. (b) Construction Nothing in this section shall be construed as preventing the imposition of penalties under section 30165 of title 49, United States Code, prior to the issuance of a final rule under section 31203(b) of the Moving Ahead for Progress in the 21st Century Act ( 49 U.S.C. 30165 302. Imminent hazard authority (a) In general Section 30118 (1) in subsection (b)— (A) in paragraph (1), by striking (1) The Secretary may (1) In general (B) in paragraph (2), by inserting Orders If the Secretary (C) by adding after paragraph (2) the following: (3) Imminent hazards (A) Decisions and orders If the Secretary decides that a defect or noncompliance, or combination of both, under subsection (a) presents an imminent hazard, the Secretary— (i) shall notify the manufacturer of a motor vehicle or replacement equipment immediately under subsection (a); and (ii) shall order the manufacturer of the motor vehicle or replacement equipment to immediately— (I) give notification under section 30119 of this title to the owners, purchasers, and dealers of the vehicle or equipment of the imminent hazard; and (II) remedy the defect or noncompliance under section 30120 of this title; (iii) notwithstanding section 30119 or 30120, may order the time for notification, means of providing notification, earliest remedy date, and time the owner or purchaser has to present the motor vehicle or equipment, including a tire, for remedy; and (iv) may include in an order under this subparagraph any other terms or conditions that the Secretary determines necessary to abate the imminent hazard. (B) Opportunity for administrative review Subsequent to the issuance of an order under subparagraph (A), opportunity for administrative review shall be provided in accordance with section 554 (C) Definition of imminent hazard In this paragraph, the term imminent hazard ; and (2) in subsection (c), by inserting or electronic mail certified mail 303. Used passenger motor vehicle consumer protection (a) In general Section 30120 (k) Limitation on Sale or Lease of Used Passenger Motor Vehicles (1) A dealer may not sell or lease a used passenger motor vehicle until— (A) the dealer clearly and conspicuously notifies the purchaser or lessee, in writing, of any notifications of a defect or noncompliance under section 30118(b) or section 30118(c) of this title with respect to the used passenger motor vehicle that have not been remedied; and (B) the purchaser or lessee acknowledges, in writing, the receipt of the notification under subparagraph (A). (2) Paragraph (1) shall not apply if— (A) the defect or noncompliance is remedied under section 30120 of this title before delivery under the sale or lease; or (B) notification of the defect or noncompliance is required under section 30118(b), but enforcement of the order is set aside in a civil action to which 30121(d) applies. (3) This subsection shall not apply to a dealer if the recall information regarding a used passenger motor vehicle was not accessible at the time of sale or lease using the means established by the Secretary under section 31301 of the Moving Ahead for Progress in the 21st Century Act ( 49 U.S.C. 30166 (4) In this subsection, notwithstanding section 30102(a)(1) of this title— (A) the term dealer (B) the term used passenger motor vehicle (5) By rule, the Secretary may exempt the auctioning of a used passenger motor vehicle from the requirements of this section to the extent that the exemption does not harm public safety. . (b) Effective date This section shall take effect 18 months after the date of enactment of this Act.

Motor Vehicle Safety Act of 2014

United States Fish and Wildlife Service Resource Protection Act - Authorizes the Fish and Wildlife Service (USFWS) to seek compensation from individuals or entities for costs or damages for destroying, causing the loss of, or injuring any living, nonliving, historical, cultural, or archaeological resource on land managed by the USFWS, or for causing the USFWS to carry out actions to prevent, minimize, or abate such destruction, loss, or injury. Requires amounts recovered as a result of such destruction, loss, or injury to be made available to USFWS to: (1) reimburse response costs and damage assessments; (2) restore, replace, or acquire the equivalent of a resource that was destroyed, lost, or injured; or (3) monitor and study those resources.

113 S2560 IS: United States Fish and Wildlife Service Resource Protection Act U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2560 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. Cardin Committee on Environment and Public Works A BILL To authorize the United States Fish and Wildlife Service to seek compensation for injuries to trust resources and use those funds to restore, replace, or acquire equivalent resources, and for other purposes. 1. Short title This Act may be cited as the United States Fish and Wildlife Service Resource Protection Act 2. Definitions In this Act: (1) Damages The term damages (A) compensation for— (i) (I) the cost of replacing, restoring, or acquiring the equivalent of a system resource; and (II) the value of any significant loss of use of a system resource, pending— (aa) restoration or replacement of the system resource; or (bb) the acquisition of an equivalent resource; or (ii) the value of a system resource, if the system resource cannot be replaced or restored; and (B) the cost of any relevant damage assessment carried out pursuant to section 4(c). (2) Response cost The term response cost (A) to prevent, minimize, or abate destruction or loss of, or injury to, a system resource; (B) to abate or minimize the imminent risk of such destruction, loss, or injury; or (C) to monitor the ongoing effects of any incident causing such destruction, loss, or injury. (3) Secretary The term Secretary (4) System resource The term system resource (A) a unit of the National Wildlife Refuge System; (B) a unit of the National Fish Hatchery System; or (C) any other land managed by the United States Fish and Wildlife Service, including any land managed cooperatively with any other Federal or State agency. 3. Liability (a) In general Subject to subsection (c), any individual or entity that destroys, causes the loss of, or injures any system resource, or that causes the Secretary to carry out any action to prevent, minimize, or abate destruction or loss of, or injuries or risk to, any system resource, shall be liable to the United States for any response costs or damages resulting from the destruction, loss, or injury. (b) Liability in rem Any instrumentality (including a vessel, vehicle, aircraft, or other equipment or mechanism) that destroys, causes the loss of, or injures any system resource, or that causes the Secretary to carry out any action to prevent, minimize, or abate destruction or loss of, or injury or risk to, a system resource shall be liable in rem to the United States for any response costs or damages resulting from the destruction, loss, or injury, to the same extent that an individual or entity is liable under subsection (a). (c) Defenses An individual or entity shall not be liable under this section, if the individual or entity can establish that— (1) the destruction or loss of, or injury to, the system resource was caused solely by an act of God or an act of war; or (2) (A) the individual or entity exercised due care; and (B) the destruction or loss of, or injury to, the system resource was caused solely by an act or omission of a third party, other than an employee or agent of the individual or entity. (d) Scope The liability established by this section shall be in addition to any other liability arising under Federal or State law. 4. Actions (a) Civil actions for response costs and damages The Attorney General, on request of the Secretary, may commence a civil action in the United States district court of appropriate jurisdiction against any individual, entity, or instrumentality that may be liable under section 3 for response costs or damages. (b) Administrative actions for response costs and damages (1) Action by Secretary (A) In general Subject to paragraph (2), the Secretary, after making a finding described in subparagraph (B), may consider, compromise, and settle a claim for response costs and damages if the claim has not been referred to the Attorney General under subsection (a). (B) Description of findings A finding referred to in subparagraph (A) is a finding that— (i) destruction or loss of, or injury to, a system resource has occurred; or (ii) such destruction, loss, or injury would occur absent an action by the Secretary to prevent, minimize, or abate the destruction, loss, or injury. (2) Requirement In any case in which the total amount to be recovered in a civil action under subsection (a) may exceed $500,000 (excluding interest), a claim may be compromised and settled under paragraph (1) only with the prior written approval of the Attorney General. (c) Response actions, assessments of damages, and injunctive relief (1) In general The Secretary may carry out all necessary actions (including making a request to the Attorney General to seek injunctive relief)— (A) to prevent, minimize, or abate destruction or loss of, or injury to, a system resource; or (B) to abate or minimize the imminent risk of such destruction, loss, or injury. (2) Assessment and monitoring (A) In general The Secretary may assess and monitor the destruction or loss of, or injury to, any system resource for purposes of paragraph (1). (B) Judicial review Any determination or assessment of damage to a system resource carried out under subparagraph (A) shall be subject to judicial review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act 5. Use of recovered amounts (a) In general An amount equal to the total amount of the response costs and damages recovered by the Secretary under this Act and any amounts recovered by the Federal Government under any provision of Federal, State, or local law (including regulations) or otherwise as a result of the destruction or loss of, or injury to, any system resource shall be made available to the Secretary, without further appropriation, for use in accordance with subsection (b). (b) Use The Secretary may use amounts made available under subsection (a) only, in accordance with applicable law— (1) to reimburse response costs and damage assessments carried out pursuant to this Act by the Secretary or such other Federal agency as the Secretary determines to be appropriate; (2) to restore, replace, or acquire the equivalent of a system resource that was destroyed, lost, or injured; or (3) to monitor and study system resources. 6. Donations (a) In general In addition to any other authority to accept donations, the Secretary may accept donations of money or services for expenditure or use to meet expected, immediate, or ongoing response costs and damages. (b) Timing A donation described in subsection (a) may be expended or used at any time after acceptance of the donation, without further action by Congress. 7. Transfer of funds from Natural Resource Damage Assessment and Restoration Fund The matter under the heading Natural Resource Damage Assessment and Restoration Fund United States Fish and Wildlife Service Provided activities. Provided 33 U.S.C. 2701 et seq. 16 U.S.C. 19jj et seq. United States Fish and Wildlife Service Resource Protection Act Provided further

United States Fish and Wildlife Service Resource Protection Act

Human Smuggling Prevention Act of 2014 - Prohibits an individual acting for financial gain from directing or participating in an effort to bring or attempt to bring five or more persons unlawfully into the United States. Establishes monetary and/or prison penalties for such actions. Prescribes increased penalties for actions that: (1) result in death or serious bodily injury; (2) place a life in jeopardy; or (3) involve bribery of a government official, robbery, sexual abuse, or 10 or more persons. Directs the Secretary of Homeland Security (DHS) to: (1) implement a strategy to deter and interdict human smuggling across the international land and maritime borders of the United States, and (2) submit an annual list to Congress of high traffic areas of human smuggling. Makes it a crime to: (1) transmit to another person the location, movement, or activities of law enforcement agents with the intent to further a federal crime relating to immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls; and (2) destroy, alter, or damage any physical or electronic device used by the federal government to control the border or any port of entry. Prohibits the carrying or use of a firearm in an alien smuggling crime.

113 S2561 IS: Human Smuggling Prevention Act of 2014 U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2561 IN THE SENATE OF THE UNITED STATES June 26, 2014 Mr. McCain Mr. Flake Committee on the Judiciary A BILL To prevent organized human smuggling, and for other purposes. 1. Short title This Act may be cited as the Human Smuggling Prevention Act of 2014 2. Organized human smuggling (a) Definitions In this section: (1) Effort or scheme The term effort or scheme to assist or cause 5 or more persons (2) Lawful authority The term lawful authority (A) means permission, authorization, or license that is expressly provided for under the immigration laws of the United States; and (B) does not include— (i) any authority described in subparagraph (A) that was secured by fraud or otherwise unlawfully obtained; or (ii) any authority that was sought, but not approved. (b) Prohibited activities It shall be unlawful for any person, while acting for profit or other financial gain, to knowingly direct or participate in an effort or scheme to assist or cause 5 or more persons (other than a parent, spouse, or child of the offender)— (1) to enter, attempt to enter, or prepare to enter the United States— (A) by fraud, falsehood, or other corrupt means; (B) at any place other than a port or place of entry designated by the Secretary of Homeland Security; or (C) in a manner not prescribed by the immigration laws and regulations of the United States; (2) to travel by air, land, or sea toward the United States (whether directly or indirectly)— (A) knowing that the persons seek to enter or attempt to enter the United States without lawful authority; and (B) with the intent to aid or further such entry or attempted entry; or (3) to be transported or moved outside of the United States— (A) knowing that such persons are aliens in unlawful transit from 1 country to another or on the high seas; and (B) under circumstances in which the persons are seeking to enter the United States without official permission or legal authority. (c) Conspiracy and attempt Any person who attempts or conspires to violate subsection (b) shall be punished in the same manner as a person who completes a violation of such subsection. (d) Base penalty Except as provided in subsection (e), any person who violates subsection (b) or (c) shall be fined under title 18, United States Code, imprisoned for not more than 20 years, or both. (e) Enhanced penalties Any person who violates subsection (b) or (c)— (1) in the case of a violation during and in relation to which a serious bodily injury (as defined in section 1365 (2) in the case of a violation during and in relation to which the life of any person is placed in jeopardy, shall be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (3) in the case of a violation involving 10 or more persons, shall be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (4) in the case of a violation involving the bribery or corruption of a United States or foreign government official, shall be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (5) in the case of a violation involving robbery or extortion (as such terms are defined in paragraph (1) or (2), respectively, of section 1951(b) (6) in the case of a violation during and in relation to which any person is subjected to an involuntary sexual act (as defined in section 2246(2) of title 18, United States Code), shall be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (7) in the case of a violation resulting in the death of any person, shall be fined under title 18, United States Code, imprisoned for any term of years or for life, or both; (8) in the case of a violation in which any alien is confined or restrained, including by the taking of clothing, goods, or personal identification documents, shall be fined under title 18, United States Code, imprisoned not fewer than 5 years and not more than 10 years, or both; (9) in the case of smuggling an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) 3. Strategy to combat human smuggling (a) Defined term In this section, the term high traffic areas of human smuggling (b) Implementation Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall implement a strategy to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States. (c) Components The strategy referred to in subsection (b) shall include, at a minimum— (1) efforts to increase coordination between the border and maritime security components of the Department of Homeland Security; (2) an identification of intelligence gaps impeding the ability to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States; (3) efforts to increase information sharing with State and local governments and other Federal agencies; (4) efforts to provide, in coordination with the Federal Law Enforcement Training Center, training for the border and maritime security components of the Department of Homeland Security to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States; and (5) the identification of the high traffic areas of human smuggling along the international land and maritime borders of the United States. (d) Report Not later than 30 days after the implementation of the strategy under subsection (b), the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives (e) Annual list of high traffic areas Not later than February 1st of the first year beginning after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit a list of the high traffic areas of human smuggling referred to in subsection (c)(5) to— (1) the Committee on Homeland Security and Governmental Affairs of the Senate (2) the Committee on Homeland Security of the House of Representatives 4. Unlawfully hindering immigration, border, and customs controls (a) Illicit spotting Any person who knowingly transmits to another person the location, movement, or activities of any Federal, State, or tribal law enforcement agency with the intent to further a Federal crime relating to United States immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. (b) Destruction of United States border controls Any person who knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry, or otherwise seeks to construct, excavate, or make any structure intended to defeat, circumvent or evade any such fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry— (1) shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both; and (2) if, at the time of the offense, the person uses or carries a firearm or, in furtherance of any such crime, possesses a firearm, shall be fined under title 18, United States Code, imprisoned not more than 20 years, or both. (c) Conspiracy and attempt Any person who attempts or conspires to violate subsection (a) or (b) shall be punished in the same manner as a person who completes a violation of such subsection. (d) Prohibiting carrying or use of a firearm during and in relation to an alien smuggling crime Section 924(c) (1) in paragraph (1)— (A) in subparagraph (A), by inserting , alien smuggling crime, crime of violence (B) in subparagraph (D)(ii), by inserting , alien smuggling crime, crime of violence (2) by adding at the end the following: (6) For purposes of this subsection, the term alien smuggling crime 8 U.S.C. 1324(a) . (e) Statute of limitations Section 3298 or under , under section 2 or subsection (a), (b), or (c) of section 4 of the Human Smuggling Prevention Act of 2014

Human Smuggling Prevention Act of 2014

Bring Jobs Home Act - Amends the Internal Revenue Code to: (1) grant business taxpayers a tax credit for up to 20% of insourcing expenses incurred for eliminating a business located outside the United States and  relocating it within the United States, and (2) deny a tax deduction for outsourcing expenses incurred in relocating a U.S. business outside the United States. Requires an increase in the taxpayer's employment of full-time employees in the United States in order to claim the tax credit for insourcing expenses.

113 S2562 PCS: Bring Jobs Home Act U.S. Senate 2014-07-07 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. 451 113th CONGRESS 2d Session S. 2562 IN THE SENATE OF THE UNITED STATES June 26, 2014 Ms. Stabenow Mr. Walsh Mr. Warner Mr. Pryor Mr. Udall of Colorado Mr. Udall of New Mexico Mrs. Shaheen Mrs. Hagan Mr. Coons Mr. Reed Mr. Durbin Mr. Merkley Mr. Franken Mr. Markey Mr. Rockefeller Mr. Whitehouse Ms. Baldwin Mr. Blumenthal Ms. Klobuchar Mrs. McCaskill Mr. Schatz Mr. Schumer July 7, 2014 Read the second time and placed on the calendar A BILL To provide an incentive for businesses to bring jobs back to America. 1. Short title This Act may be cited as the Bring Jobs Home Act 2. Credit for insourcing expenses (a) In general Subpart D of part IV of subchapter A of chapter 1 45S. Credit for insourcing expenses (a) In general For purposes of section 38, the insourcing expenses credit for any taxable year is an amount equal to 20 percent of the eligible insourcing expenses of the taxpayer which are taken into account in such taxable year under subsection (d). (b) Eligible insourcing expenses For purposes of this section— (1) In general The term eligible insourcing expenses (A) eligible expenses paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, and (B) eligible expenses paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, if such establishment constitutes the relocation of the business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. (2) Eligible expenses The term eligible expenses (A) any amount for which a deduction is allowed to the taxpayer under section 162, and (B) permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses. Such term does not include any compensation which is paid or incurred in connection with severance from employment and, to the extent provided by the Secretary, any similar amount. (3) Business unit The term business unit (A) any trade or business, and (B) any line of business, or functional unit, which is part of any trade or business. (4) Expanded affiliated group The term expanded affiliated group more than 50 percent at least 80 percent (5) Expenses must be pursuant to insourcing plan Amounts shall be taken into account under paragraph (1) only to the extent that such amounts are paid or incurred pursuant to a written plan to carry out the relocation described in paragraph (1). (6) Operating expenses not taken into account Any amount paid or incurred in connection with the on-going operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit. (c) Increased domestic employment requirement No credit shall be allowed under this section unless the number of full-time equivalent employees of the taxpayer for the taxable year for which the credit is claimed exceeds the number of full-time equivalent employees of the taxpayer for the last taxable year ending before the first taxable year in which such eligible insourcing expenses were paid or incurred. For purposes of this subsection, full-time equivalent employees has the meaning given such term under section 45R(d) (and the applicable rules of section 45R(e)). All employers treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this subsection. (d) Credit allowed upon completion of insourcing plan (1) In general Except as provided in paragraph (2), eligible insourcing expenses shall be taken into account under subsection (a) in the taxable year during which the plan described in subsection (b)(5) has been completed and all eligible insourcing expenses pursuant to such plan have been paid or incurred. (2) Election to apply employment test and claim credit in first full taxable year after completion of plan If the taxpayer elects the application of this paragraph, eligible insourcing expenses shall be taken into account under subsection (a) in the first taxable year after the taxable year described in paragraph (1). (e) Possessions treated as part of the United States For purposes of this section, the term United States (f) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. . (b) Credit To be part of general business credit Subsection (b) of section 38 of such Code is amended by striking plus , plus (37) the insourcing expenses credit determined under section 45S(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Credit for insourcing expenses. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. (e) Application to United States possessions (1) Payments to possessions (A) Mirror code possessions The Secretary of the Treasury shall make periodic payments to each possession of the United States with a mirror code tax system in an amount equal to the loss to that possession by reason of section 45S (B) Other possessions The Secretary of the Treasury shall make annual payments to each possession of the United States which does not have a mirror code tax system in an amount estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of section 45S of such Code if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payment to the residents of such possession. (2) Coordination with credit allowed against united states income taxes No credit shall be allowed against United States income taxes under section 45S of such Code to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of such section, or (B) who is eligible for a payment under a plan described in paragraph (1)(B). (3) Definitions and special rules (A) Possessions of the United States For purposes of this section, the term possession of the United States (B) Mirror code tax system For purposes of this section, the term mirror code tax system (C) Treatment of payments For purposes of section 1324(b)(2) 3. Denial of deduction for outsourcing expenses (a) In general Part IX of subchapter B of chapter 1 280I. Outsourcing expenses (a) In general No deduction otherwise allowable under this chapter shall be allowed for any specified outsourcing expense. (b) Specified outsourcing expense For purposes of this section— (1) In general The term specified outsourcing expense (A) any eligible expense paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, and (B) any eligible expense paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, if such establishment constitutes the relocation of the business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. (2) Application of certain definitions and rules (A) Definitions For purposes of this section, the terms eligible expenses business unit expanded affiliated group (B) Operating expenses not taken into account A rule similar to the rule of section 45S(b)(6) shall apply for purposes of this section. (c) Special rules (1) Application to deductions for depreciation and amortization In the case of any portion of a specified outsourcing expense which is not deductible in the taxable year in which paid or incurred, such portion shall neither be chargeable to capital account nor amortizable. (2) Possessions treated as part of the United States For purposes of this section, the term United States (d) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations which provide (or create a rebuttable presumption) that certain establishments of business units outside the United States will be treated as relocations (based on timing or such other factors as the Secretary may provide) of business units eliminated within the United States. . (b) Limitation on subpart F income of controlled foreign corporations determined without regard to specified outsourcing expenses Subsection (c) of section 952 of such Code is amended by adding at the end the following new paragraph: (4) Earnings and profits determined without regard to specified outsourcing expenses For purposes of this subsection, earnings and profits of any controlled foreign corporation shall be determined without regard to any specified outsourcing expense (as defined in section 280I(b)). . (c) Clerical amendment The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 280I. Outsourcing expenses. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. July 7, 2014 Read the second time and placed on the calendar

Bring Jobs Home Act

Improving Driver Safety Act of 2014 - Revises distracted driving incentive grant program eligibility requirements to require the Secretary of Transportation (DOT) to award such grants to states that include distracted driving issues as part of their driver's license examination. Authorizes the Secretary to use up to 50% of amounts available for grants to states that: (1) in FY2015 have a basic text messaging statute for drivers of all ages, make violation of the statute a primary offense, and participate in the Secretary's annual distracted driving law enforcement mobilization; and (2) in FY2016 meet the aforementioned requirements, impose increased fines for repeat violations, and have a statute that prohibits a driver younger than 18 from using a personal wireless communications device while driving. Authorizes states to use grant funds for: (1) enforcement of distracted driving laws, and (2) highway safety program projects. Directs the National Highway Traffic Safety Administration (NHTSA) to report to Congress on any legal and technical barriers to capturing data on the prevalence of wireless communications devices while driving, including recommendations on how to address those barriers.

113 S2563 IS: Improving Driver Safety Act of 2014 U.S. Senate 2014-06-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2563 IN THE SENATE OF THE UNITED STATES June 26, 2014 Ms. Klobuchar Mr. Hoeven Committee on Commerce, Science, and Transportation A BILL To amend title 23, United States Code, to improve highway safety and for other purposes. 1. Short title This Act may be cited as the Improving Driver Safety Act of 2014 2. Distracted driving incentive grants Section 405(e) (1) in paragraph (1), by inserting includes distracted driving issues as part of the State’s driver’s license examination and any State that (2) in paragraph (3)— (A) in subparagraph (B), by inserting and (B) by striking subparagraph (C); and (C) by redesignating subparagraph (D) as subparagraph (C); (3) in paragraph (4)(C), by striking section 31152 section 31136 (4) by amending paragraph (6) to read as follows: (6) Distracted driving enforcement grants (A) In general The Secretary may use up to 50 percent of the amounts available for grants under this subsection to award grants to any State that— (i) in fiscal year 2015— (I) has a basic text messaging statute, as determined by the Secretary, that— (aa) is applicable to drivers of all ages; and (bb) makes violation of the basic text messaging statute a primary offense; (II) participates in the annual distracted driving law enforcement mobilization coordinated by the Secretary; and (III) is otherwise ineligible for a grant under this subsection; (ii) in fiscal year 2016— (I) meets the requirements of clause (i); (II) imposes increased fines for repeat violations; and (III) has a statute that prohibits a driver who is younger than 18 years of age from using a personal wireless communications device while driving. (B) Use of grant funds (i) In general Subject to clauses (ii) and (iii), amounts received by a State under subparagraph (A) may be used for activities related to the enforcement of distracted driving laws. (ii) Fiscal year 2015 In fiscal year 2015, up to 15 percent of the amounts received by a State under subparagraph (A) may be used for any eligible project or activity under section 402. (iii) Fiscal year 2016 In fiscal year 2016, up to 25 percent of the amounts received by a State under subparagraph (A) may be used for any eligible project or activity under section 402. . 3. Barriers to data collection report Not later than 180 days after the date of the enactment of this Act, the National Highway Traffic Safety Administration shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate Committee on Energy and Commerce of the House of Representatives Committee on Transportation and Infrastructure of the House of Representatives (1) identifies any legal and technical barriers to capturing adequate data on the prevalence of wireless communications devices while driving; and (2) provides recommendations on how to address such barriers.

Improving Driver Safety Act of 2014

End Trafficking Act of 2014 - Stop Advertising Victims of Exploitation Act of 2014 or the SAVE Act of 2014 - Amends the federal criminal code to prohibit the advertising of commercial sex acts with children or with others who are coerced to engage in such acts. Child Trafficking Victims Protection Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to award grants to state and local governments for court-based programs that involve: (1) continuing judicial supervision over offenders who are younger than 18, have been trafficked, and are not violent offenders; and (2) integrated administration of other sanctions and services, including housing, education, health care, counseling, and job placement. Directs the Comptroller General (GAO) to report on: (1) the effectiveness and impact of such grants, (2) any service gap between trafficking victims who are U.S. citizens or lawful permanent residents and foreign nationals residing in the United States and federal agency progress in addressing that gap, (3) efficiencies that could be achieved by consolidating federal grant programs for trafficking survivors, and (4) legislative and regulatory options to ensure adequate criminal justice policies to combat sex trafficking of minors. Amends the Child Abuse Prevention and Treatment Act to expand the definitions of: (1) "child abuse and neglect" to include any act or failure to act that results in commercial sexual exploitation, and (2) "sex abuse" to include the use of a child's engagement in sexually explicit conduct for commercial purposes. Directs the Attorney General to: (1) report on deficiencies that exist in the services available to child victims of human trafficking in the United States, (2) make available a database on resources and services for trafficking survivors, and (3) give priority for Edward Byrne Memorial Justice Assistance grants to states and local governments that have adopted demand reduction strategies designed to combat minor sex trafficking. Prescribes increased penalties for fraud in foreign labor contracting if the offense results in sexual abuse or trafficking of a foreign national younger than age 21. Extends the statute of limitations for civil actions against perpetrators of human trafficking offenses until ten years after the victim reaches age 18.

113 S2564 IS: End Trafficking Act of 2014 U.S. Senate 2014-07-08 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. 2564 IN THE SENATE OF THE UNITED STATES July 7, 2014 Mr. Wicker Committee on the Judiciary A BILL To provide justice for the victims of trafficking, to stop exploitation through trafficking, and to amend title 18, United States Code, by providing a penalty for knowingly selling advertising that offers certain commercial sex acts. 1. Short title; table of contents (a) Short title This Act may be cited as the End Trafficking Act of 2014 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Purpose. TITLE I—Stop Advertising Victims of Exploitation Sec. 101. Short title. Sec. 102. Advertising that offers certain commercial sex acts. TITLE II—Child Trafficking Victims Protection Sec. 201. Short title. Sec. 202. Court-based pilot program for domestic child trafficking survivors. Sec. 203. Government Accountability Office reports. Sec. 204. Expanded definition of child abuse and neglect. Sec. 205. Recommendations for combating domestic child trafficking. Sec. 206. Education and outreach to trafficking survivors. Sec. 207. Enhanced penalty for fraud in labor contracting. Sec. 208. Expanded statute of limitations for civil actions by child trafficking survivors. Sec. 209. Edward Byrne Memorial Justice Assistance Grants. 3. Findings Congress finds the following: (1) Recent studies indicate that thousands of children and youth are at risk for human trafficking in the United States. (2) A significant percentage of children and youth who are trafficked in the United States will commit prostitution offenses or other nonviolent offenses in connection with their exploitation by a trafficker. (3) The prostitution statutes in many jurisdictions do not differentiate between adult prostitutes and children or youths who have been commercially sexually exploited. (4) Evidence suggests that runaway or homeless children and youth and young adults leaving the foster care system are especially vulnerable to commercial sexual exploitation. (5) The majority of children and youths who are involved in the criminal or justice systems are responsive to interventions that integrate treatment, rehabilitation, and support services. (6) Collaborative programs between services providers and criminal or juvenile justice systems that ensure the provision of counseling, housing and related services for trafficking victims can reduce the number of such individuals in corrections facilities. 4. Purpose (a) In general The purpose of this Act is to combat domestic human trafficking by facilitating collaboration among the criminal justice system, juvenile justice system, and support services. (b) Collaboration The collaboration described in subsection (a) is needed— (1) to protect public safety by intervening with juvenile offenders who have been trafficked; (2) to provide courts, including new trafficking victims’ courts, with appropriate treatment options; (3) to maximize the use of alternatives to prosecution in appropriate cases involving youths who have committed nonviolent offenses, such as prostitution, in connection with their exploitation by a trafficker; (4) to promote adequate training for criminal justice system personnel about the unique challenges facing juveniles who have been trafficked and the appropriate response to such children and youths in the criminal justice system; (5) to promote communication among adult or juvenile justice personnel, medical personnel, mental health treatment personnel, and support services such as housing, job placement, community, faith based, and crime victims organizations; and (6) to promote communication and collaboration among governmental officials with respect to all forms of human trafficking in the United States. I Stop Advertising Victims of Exploitation 101. Short title This title may be cited as the Stop Advertising Victims of Exploitation Act of 2014 SAVE Act of 2014 102. Advertising that offers certain commercial sex acts Section 1591 (1) in subsection (a)— (A) in paragraph (1), by inserting advertises, obtains, (B) in the undesignated matter following paragraph (2), by inserting , except where, in an offense under paragraph (2), the act constituting the violation of paragraph (1) is advertising, knowing, or (2) in subsection (b), by striking or obtained obtained, or advertised II Child Trafficking Victims Protection 201. Short title This title may be cited as the Child Trafficking Victims Protection Act 202. Court-based pilot program for domestic child trafficking survivors (a) In general Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. LL Trafficking Survivors’ Courts 3021. Grants authorized (a) In general The Attorney General may award grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for court-based programs that involve— (1) continuing judicial supervision over offenders who— (A) are younger than 18 years of age; (B) have been trafficked; and (C) are not violent offenders; and (2) the integrated administration of other sanctions and services, which shall include— (A) housing placement and the pursuit of a high school education or its equivalent during any period of supervised release or probation for each participant; (B) therapies that address issues faced by each participant, including— (i) healing from physical, sexual, and emotional abuse; (ii) depression; and (iii) self-injurious behaviors; (C) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress; and (D) programmatic, offender management, and other aftercare services for each participant who requires such services, including— (i) domestic violence counseling; (ii) substance abuse treatment; (iii) health care; (iv) education; (v) job placement; and (vi) child care or other family support services. (b) Application requirements An entity described in subsection (a) may apply for a grant under this section by submitting an application to the Attorney General that includes— (1) a description of the population that is targeted for the program to be funded with the grant; (2) guidelines that can be used by personnel of an adult or juvenile justice agency to identify qualified program participants; (3) plans for making housing and education available to qualified offenders at the time of their release from the criminal justice or juvenile justice system; (4) plans for determining the program participants’ eligibility for Federal benefits; (5) plans to make available, to the extent practicable, other support services that will ensure each trafficking victim’s successful reintegration into the community, such as crisis counseling, peer-to-peer support, job placement, mentoring, health care, and the services of faith-based and community organizations; and (6) a certification that the grant funds received under this section will be used to supplement, and not supplant, funding sources that would otherwise be available. (c) Priority Priority in grant funding under this section shall be accorded to grant applicants— (1) whose application details a plan for ensuring that the grant’s target population will receive pro bono assistance in seeking expungement of any charges committed in connection with an individual’s exploitation by a trafficker, upon the completion by the individual of the court-based program of judicial supervision; (2) in jurisdictions that have implemented, or that commit to implement as part of the grant application process, law enforcement policies that require a shift away from prosecution toward rehabilitation for minors who are victims of human trafficking; and (3) in jurisdictions that have adopted demand-reduction policies to promote stricter enforcement of laws imposing criminal penalties for adults involved in human trafficking of minors, including adults who purchase sex from minors. (d) Records expungement If a participant successfully completes a program of judicial supervision that receives grant funding under this section, the participants shall be notified of the opportunity to seek the expungement of any juvenile court records relating to the crimes for which he or she was originally charged. 3022. Prohibition of participation by violent offenders (a) In general The Attorney General shall— (1) issue regulations and guidelines to ensure that the programs authorized under this part do not permit participation by violent offenders; and (2) immediately suspend funding for any grant under this part, pending compliance, if the Attorney General determines that violent offenders are participating in any program funded under this part. (b) Defined term In this part, the term violent offender (1) is charged with, or convicted of, an offense, regardless of whether any of the circumstances described in subparagraph (A), (B), or (C) is an element of the offense or conduct of which or for which the person is charged or convicted, during the course of which offense or conduct— (A) the person carried, possessed, or used a firearm or dangerous weapon; (B) there occurred the death of or serious bodily injury to any person; or (C) there occurred the use of force against the person of another; (2) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. 3023. Administration (a) Consultation The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this part. (b) Use of components The Attorney General may utilize any component or components of the Department of Justice in carrying out this part. (c) Applications (1) In general To request funds under this part, the chief executive or the chief justice of a State or the chief executive or chief judge of a unit of local government or Indian tribal government shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. (2) Contents In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this part shall include— (A) a long-term strategy and detailed implementation plan; (B) an explanation of the applicant's inability to fund the program adequately without Federal financial assistance; (C) a certification that the Federal financial assistance provided will be used to supplement, and not to supplant, State, Indian tribal, and local sources of funding that would otherwise be available; (D) a description of related governmental or community initiatives which complement or will be coordinated with the proposal; (E) a certification that— (i) there has been appropriate consultation with all affected agencies; and (ii) there will be appropriate coordination with all affected agencies in the implementation of the program; (F) a certification that participating offenders will be supervised by 1 or more designated judges with responsibility for the trafficking survivors’ court program; (G) plans for obtaining necessary support and continuing the proposed program after the termination of Federal financial assistance; and (H) a description of the methodology that will be used in evaluating the program. (d) Geographic distribution The Attorney General shall ensure, to the extent practicable, that grant awards under this part are equitably distributed geographically. (e) Federal share The Federal share of a grant awarded under this part may not exceed 75 percent of the total costs of the program described in the application submitted under subsection (c) for the fiscal year for which the program receives assistance under this part, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. In-kind contributions may constitute a portion of the non-Federal share of a grant. 3024. Reports A State, Indian tribal government, or unit of local government that receives Federal financial assistance under this part during a fiscal year shall submit a report to the Attorney General not later than March 31 of the following fiscal year that describes the effectiveness of the program funded under this part. 3025. Technical assistance, training, evaluations, and rulemaking (a) Technical assistance and training The Attorney General may provide technical assistance and training in furtherance of the purposes of this part. (b) Evaluations In addition to any evaluation requirements that may be prescribed for grantees, the Attorney General may carry out or make arrangements for evaluations of programs that receive support under this part. (c) Administration The technical assistance, training, and evaluations authorized under this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities. (d) Rulemaking The Attorney General may issue regulations and guidelines necessary to carry out this part. . (b) Clerical amendment The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: Part LL—Trafficking Survivors’ Courts Sec. 3021. Grants authorized. Sec. 3022. Prohibition of participation by violent offenders. Sec. 3023. Administration. Sec. 3024. Reports. Sec. 3025. Technical assistance, training, evaluations, and rulemaking. . (c) Authorization of appropriations Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3793(a) (27) There are authorized to be appropriated to carry out part LL— (A) $10,000,000 for fiscal year 2015; (B) $15,000,000 for fiscal year 2016; and (C) $15,000,000 for fiscal year 2017. . 203. Government Accountability Office reports (a) Study The Comptroller General of the United States shall conduct a study of the effectiveness and impact of grants authorized under part LL of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 202. (b) Documents and information The Attorney General and grant recipients shall provide the Comptroller General with all relevant documents and information that the Comptroller General considers necessary to conduct the study under subsection (a), including the identities and criminal records of program participants. (c) Criteria In assessing the effectiveness of the grants made under programs authorized under part LL of title I of the Omnibus Crime Control and Safe Streets Act of 1968, the Comptroller General shall consider, among other things— (1) recidivism rates of program participants; (2) completion rates among program participants; and (3) the costs of the program to the criminal justice system. (d) Grant effectiveness report Not later than January 1, 2017, the Comptroller General shall submit a report to Congress that contains the results of the study conducted under subsection (a). (e) Service gap report Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the appropriate congressional committees that identifies— (1) the extent of any service gap that may persist between trafficking victims who are United States citizens or lawful permanent residents and foreign nationals residing in the United States since the completion of the study required under 213(b) of the William Wilberforce Trafficking Victims Protection Act ( Public Law 110–457 (2) if a service gap described in paragraph (1) persists— (A) the progress that Federal agencies have made in closing the gap since 2009; and (B) the deficiencies remaining as of the date of the enactment of this Act; (3) the extent to which efficiencies could be achieved and duplication could be avoided by consolidating existing Federal grant programs for trafficking survivors that are administered by the Department of Health and Human Services and the Department of Justice; and (4) options for additional legislative or regulatory changes to help ensure that the Nation’s criminal justice policies are adequate to combat sex trafficking of minors. 204. Expanded definition of child abuse and neglect The Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106g(2) (1) in section 3(2) ( 42 U.S.C. 5101 (including commercial sexual exploitation) exploitation (2) in section 111(4)(A) ( 42 U.S.C. 5106g(4)(A) for commercial purposes or for the purpose of 205. Recommendations for combating domestic child trafficking (a) In general Not later than 1 year after the submission of the study required under section 203(e), the Attorney General, in consultation with other Federal agencies involved in the protection of human trafficking victims who are minors, shall submit a report to Congress that describes any deficiencies that exist in the services that are available from private and public sources to child victims of human trafficking in the United States. (b) Components The report required under subsection (a) shall include— (1) recommendations for legislative or regulatory changes to ensure the adequacy of, and parity in, services and legal assistance to all child trafficking victims in the United States by— (A) eliminating any perceived gaps in services; and (B) avoiding overlap and duplication in Federal programs; and (2) a list of best practices for State and local jurisdictions seeking to discourage the sex trafficking of minors in the United States through the adoption of demand-reduction strategies. 206. Education and outreach to trafficking survivors The Attorney General shall make available, through the website of the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention, a database of information for trafficking victim advocates, crisis hotline personnel, foster parents, law enforcement personnel, and crime survivors on counseling and hotline resources, housing resources, legal assistance, and other services to trafficking survivors. 207. Enhanced penalty for fraud in labor contracting Section 1351(a) that employment (1) shall be fined under this title, imprisoned for not more than 5 years, or both; and (2) if the offense results in sexual abuse or trafficking of a foreign national who is younger than 21 years of age, shall be fined under this title, imprisoned for not more than 10 years, or both. . 208. Expanded statute of limitations for civil actions by child trafficking survivors Section 1595(c) not later than 10 years after the cause of action arose. (1) 10 years after the cause of action arose; or (2) 10 years after the victim reaches 18 years of age, in the case of a victim who was a minor at the time of the alleged offense. . 209. Edward Byrne Memorial Justice Assistance Grants (a) Technical assistance The Secretary of Health and Human Services shall provide technical assistance to States, upon request, to assist with the implementation of demand reduction strategies that focus on the psychology of demand for commercial sex. (b) Grant funding prioritization Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3751 (h) Priority for grant funding Beginning on October 1, 2016, in awarding grants under this section, the Attorney General shall give priority to States and units of local government that have adopted demand reduction strategies designed to combat minor sex trafficking in the United States, in accordance with criteria established by the Attorney General. .

End Trafficking Act of 2014