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MTSU Fall 2024 Software Engineering 14

Helping Working Families Afford Child Care Act - Amends the Internal Revenue Code, with respect to the tax credit for employment-related expenses incurred for the care of a taxpayer's dependent, to: (1) increase to $200,000, the adjusted gross income threshold level above which such credit is incrementally reduced; (2) increase the dollar limit on the allowable amount of such credit; (3) allow an inflation adjustment to the threshold amount and the maximum credit amounts, beginning after 2015; and (4) make such credit refundable.

113 S2565 IS: Helping Working Families Afford Child Care Act 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. 2565 IN THE SENATE OF THE UNITED STATES July 8, 2014 Mrs. Shaheen Mrs. Boxer Mrs. Murray Mrs. Gillibrand Ms. Mikulski Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to enhance the dependent care tax credit, and for other purposes. 1. Short title This Act may be cited as the Helping Working Families Afford Child Care Act 2. Enhancement of the dependent care tax credit (a) Increase in dependent care tax credit (1) Increase in incomes eligible for full credit Paragraph (2) of section 21(a) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Applicable percentage defined For purposes of paragraph (1), the term applicable percentage . (2) Increase in dollar limit on amount creditable Subsection (c) of section 21 of the Internal Revenue Code of 1986 is amended— (A) by striking $3,000 $8,000 (B) by striking $6,000 $16,000 (3) Inflation adjustment Section 21 (A) by redesignating subsection (f) as subsection (g), and (B) by inserting after subsection (e) the following new subsection: (f) Inflation adjustment (1) In general In the case of any taxable year beginning after 2015, the $200,000 amount in subsection (a)(2) and each of the dollar amounts in subsection (c) shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting 2014 1992 (2) Rounding The amount of any increase under paragraph (1) shall be rounded— (A) for purposes of the dollar amount in subsection (a)(2), the nearest multiple of $1,000, and (B) for purposes of the dollar amounts in subsection (c), the nearest multiple of $100. . (b) Dependent care tax credit To be refundable (1) In general The Internal Revenue Code of 1986 is amended— (A) by redesignating section 21, as amended by subsection (a), as section 36C, and (B) by moving section 36C, as so redesignated, from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (2) Technical amendments (A) Paragraph (1) of section 23(f) 21(e) 36C(e) (B) Paragraph (6) of section 35(g) of such Code is amended by striking 21(e) 36C(e) (C) Paragraph (1) of section 36C(a) of such Code (as redesignated by paragraph (1)) is amended by striking this chapter this subtitle (D) Subparagraph (C) of section 129(a)(2) of such Code is amended by striking section 21(e) section 36C(e) (E) Paragraph (2) of section 129(b) of such Code is amended by striking section 21(d)(2) section 36C(d)(2) (F) Paragraph (1) of section 129(e) of such Code is amended by striking section 21(b)(2) section 36C(b)(2) (G) Subsection (e) of section 213 of such Code is amended by striking section 21 section 36C (H) Subparagraph (A) of section 6211(b)(4) of such Code is amended by inserting 36C, 36B, (I) Subparagraph (H) of section 6213(g)(2) of such Code is amended by striking section 21 section 36C (J) Subparagraph (L) of section 6213(g)(2) of such Code is amended by striking section 21, 24, 32, section 24, 32, 36C, (K) Paragraph (2) of section 1324(b) 36C, 36B, (L) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following: Sec. 36C. Expenses for household and dependent care services necessary for gainful employment. . (M) The table of sections for subpart A of such part IV of such Code is amended by striking the item relating to section 21. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Helping Working Families Afford Child Care Act

Nevada Mining Townsite Conveyance Act - Directs the Secretary of the Interior, acting through the Bureau of Land Management (BLM), to implement an expedited program to examine and determine the validity of each unpatented mining claim (including each claim for which a patent application has been filed) within specified mining townsites (federally owned real property in the Gold Point, Ione, Gold Hill, and Virginia City townsites within Esmeralda, Nye, and Storey, Counties, Nevada, on which improvements were constructed based on the belief that: (1) the property had been or would be acquired from the federal government by the entity that operated the mine, or (2) the individual or entity that made the improvement had a valid claim for acquiring the property from the federal government). Directs the Secretary of the Interior, after completing the validity review, and subject to the county's agreement, to convey to the appropriate county, without consideration, all right, title, and interest of the United States in and to any such mining townsites (including improvements) which are not subject to valid mining claims. Requires the Secretary to reserve the mineral rights in each parcel of land subject to a valid mining claim, but convey, without consideration, the remaining U.S. right, title, and interest. Requires the county receiving such a site, if one or more individuals (occupants, for instance) prove a valid interest under Nevada law, to reconvey the property to such individual or individuals. Withdraws the mining townsites from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. Requires withdrawal and conveyance to the owner of the surface rights of any mining claim determined valid which is abandoned, invalidated, or otherwise returned to the BLM. Expresses the sense of Congress that the examination of certain unpatented mining claims and the conveyances should be completed not later than 18 months after enactment of this Act.

113 S2566 IS: Nevada Mining Townsite Conveyance Act 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. 2566 IN THE SENATE OF THE UNITED STATES July 8, 2014 Mr. Heller Mr. Reid Committee on Energy and Natural Resources A BILL To provide for the conveyance of certain public land in and around historic mining townsites located in the State of Nevada, and for other purposes. 1. Short title This Act may be cited as the Nevada Mining Townsite Conveyance Act 2. Disposal of public land in mining townsites, Esmeralda, Nye, and Storey counties, Nevada (a) Findings Congress finds that— (1) the Federal Government owns real property in and around historic mining townsites in the counties of Esmeralda, Nye, and Storey in the State of Nevada; (2) while the real property described in paragraph (1) is under the jurisdiction of the Secretary, some of the real property has been occupied for decades by individuals— (A) who took possession by purchase or other documented and putatively legal transactions; and (B) the continued occupation by whom constitutes a trespass on the title held by the Federal Government; (3) as a result of the confused and conflicting ownership claims, the real property described in paragraph (1)— (A) is difficult to manage under multiple use policies; and (B) creates a continuing source of friction and unease between the Federal Government and local residents; (4) (A) all of the real property described in paragraph (1) is appropriate for disposal for the purpose of promoting administrative efficiency and effectiveness; and (B) as of the date of enactment of this Act, the Bureau of Land Management has identified the mining townsites for disposal; and (5) to promote the responsible resource management of the real property described in paragraph (1), certain parcels should be conveyed to the county in which the property is situated in accordance with land use management plans of the Bureau of Land Management so that the county may, in addition to other actions, dispose of the property to individuals residing on or otherwise occupying the real property. (b) Definitions In this Act: (1) Conveyance maps The term conveyance maps (A) the map entitled Original Mining Townsite Ione Nevada (B) the map entitled Original Mining Townsite Gold Point (C) the map entitled Restoring Storey County Act (2) Mining townsite The term mining townsite (A) located in the Gold Point, Ione, Gold Hill, and Virginia City townsites within the counties of Esmeralda, Nye, and Storey, Nevada, as depicted on the conveyance maps; (B) that is owned by the Federal Government; and (C) on which improvements were constructed based on the belief that— (i) the property had been or would be acquired from the Federal Government by the entity that operated the mine; or (ii) the individual or entity that made the improvement had a valid claim for acquiring the property from the Federal Government. (D) Secretary The term Secretary (c) Mining claim validity review (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall carry out an expedited program to examine each unpatented mining claim (including each unpatented mining claim for which a patent application has been filed) within each mining townsite. (2) Determination of validity With respect to a mining claim, if the Secretary determines that the elements of a contest are present, the Secretary shall immediately determine the validity of the mining claim. (3) Declaration by Secretary If the Secretary determines a mining claim to be invalid, as soon as practicable after the date of the determination, the Secretary shall declare the mining claim to be null and void. (4) Treatment of valid mining claims (A) In general Each mining claim that the Secretary determines to be valid shall be maintained in compliance with the general mining laws and subsection (d)(2)(B). (B) Effect on holders A holder of a mining claim described in subparagraph (A) shall not be entitled to a patent. (5) Abandonment of claim The Secretary shall provide— (A) public notice that each mining claim holder may affirmatively abandon the claim of the mining claim holder prior to the validity review; and (B) to each mining claim holder an opportunity to abandon the claim of the mining claim holder before the date on which the land that is subject to the mining claim is conveyed. (d) Conveyance authority (1) In general After completing a validity review under subsection (c), notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (A) identified for conveyance on the conveyance maps; and (B) that are not subject to valid mining claims. (2) Valid mining claims (A) In general With respect to each parcel of land located in a mining townsite subject to a valid mining claim, the Secretary shall reserve the mineral rights and otherwise convey, without consideration, the remaining right, title, and interest of the United States in and to the mining townsite (including improvements on the mining townsite) that is identified for conveyance on a conveyance map. (B) Procedures and requirements Each valid mining claim shall be subject to each procedure and requirement described in section 9 of the Act of December 29, 1916 ( 43 U.S.C. 299 Stockraising Homestead Act of 1916 (3) Availability of conveyance maps The conveyance maps shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (e) Recipients (1) Original recipient Subject to paragraph (2), the conveyance of a mining townsite under subsection (d) shall be made to the county in which the mining townsite is situated. (2) Reconveyance to occupants (A) In general In the case of a mining townsite conveyed under subsection (d) for which a valid interest is proven by 1 or more individuals, under the provisions of Nevada Revised Statutes Chapter 244, the county that receives the mining townsite under paragraph (1) shall reconvey the property to the 1 or more individuals by appropriate deed or other legal conveyance as provided in that chapter. (B) Authority of county A county described in subparagraph (A) is not required to recognize a claim under this paragraph that is submitted on a date that is later than 5 years after the date of enactment of this Act. (f) Valid existing rights The conveyance of a mining townsite under subsection (d) shall be subject to valid existing rights, including any easement or other right-of-way or lease in existence as of the date of the conveyance. (g) Withdrawals Subject to valid rights in existence on the date of enactment of this Act, and except as otherwise provided in this Act, the mining townsites are withdrawn from— (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (h) Survey A mining townsite to be conveyed by the United States under subsection (d) shall be sufficiently surveyed as a whole to legally describe the land for patent conveyance. (i) Conveyance of terminated mining claims If a mining claim determined by the Secretary to be valid under subsection (c) is abandoned, invalidated, or otherwise returned to the Bureau of Land Management, the mining claim shall be— (1) withdrawn in accordance with subsection (g); and (2) subject to the agreement of the owner, conveyed to the owner of the surface rights covered by the mining claim. (j) Release On completion of the conveyance of a mining townsite under subsection (d), the United States shall be relieved from liability for, and shall be held harmless from, any and all claims arising from the presence of improvements and materials on the conveyed property. (k) Deadline for review and conveyances It is the sense of Congress that the examination of the unpatented mining claims under subsection (c) and the conveyances under subsection (d) should be completed not later than 18 months after the date of enactment of this Act.

Nevada Mining Townsite Conveyance Act

Adoption Tax Credit Tribal Parity Act - Amends the Internal Revenue Code to allow Indian tribes to make the determination that a child is a child with special needs for purposes of the adoption tax credit.

113 S2570 IS: Tribal Adoption Parity Act U.S. Senate 2014-07-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2570 IN THE SENATE OF THE UNITED STATES July 9, 2014 Mr. Johnson of South Dakota Mr. Inhofe Ms. Heitkamp Ms. Murkowski Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to recognize Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs. 1. Short title This Act may be cited as the Tribal Adoption Parity Act 2. Recognizing Indian tribal governments for purposes of determining under the adoption credit whether a child has special needs (a) In general Paragraph (3) of section 23(d) of the Internal Revenue Code of 1986 (defining child with special needs) is amended— (1) in subparagraph (A), by inserting or Indian tribal government a State (2) in subparagraph (B), by inserting or Indian tribal government such State (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.

Tribal Adoption Parity Act

Kennesaw Mountain National Battlefield Park Boundary Adjustment Act of 2014 - Modifies the boundary of the Kennesaw Mountain National Battlefield Park in Georgia to include approximately eight acres identified as Wallis House and Harriston Hill. Authorizes the Secretary of the Interior to acquire land or interests, by donation or exchange, from willing sellers only.

113 S2571 IS: Kennesaw Mountain National Battlefield Park Boundary Adjustment Act of 2014 U.S. Senate 2014-07-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2571 IN THE SENATE OF THE UNITED STATES July 9, 2014 Mr. Isakson Mr. Chambliss Committee on Energy and Natural Resources A BILL To adjust the boundary of the Kennesaw Mountain National Battlefield Park to include the Wallis House and Harriston Hill, and for other purposes. 1. Short title This Act may be cited as the Kennesaw Mountain National Battlefield Park Boundary Adjustment Act of 2014 2. Findings Congress finds that— (1) Kennesaw Mountain National Battlefield Park was authorized as a unit of the National Park System on June 26, 1935, prior to which year, parts of the Park had been acquired and protected by Civil War veterans and the War Department; (2) Kennesaw Mountain National Battlefield Park protects Kennesaw Mountain and Kolb’s Farm, which are battle sites along the route of General Sherman’s 1864 campaign to take Atlanta; (3) most of the Kennesaw Mountain National Battlefield Park protects Confederate positions and strategy; (4) the Wallis House is one of the few original structures remaining from the Battle of Kennesaw Mountain associated with Union positions and strategy; and (5) the Wallis House is strategically located next to a Union signal station at Harriston Hill. 3. Boundary adjustment; land acquisition; administration (a) Boundary adjustment (1) In general The boundary of the Kennesaw Mountain National Battlefield Park is modified to include the approximately 8 acres identified as Wallis House and Harriston Hill Kennesaw Mountain National Battlefield Park, Proposed Boundary Adjustment (2) Availability of map The map referred to in paragraph (1) shall be on file and available for inspection in the appropriate offices of the National Park Service. (b) Land acquisition The Secretary of the Interior may acquire, from willing owners only, land or interests in land described in subsection (a) by donation or exchange. (c) Administration The Secretary of the Interior shall administer land and interests in land acquired under this section as part of the Kennesaw Mountain National Battlefield Park in accordance with applicable law (including regulations).

Kennesaw Mountain National Battlefield Park Boundary Adjustment Act of 2014

Ban Poisonous Additives Act of 2014 - Prohibits the distribution of a food if its container is composed, in whole or in part, of bisphenol A (BPA) or can release BPA into food. Authorizes the Secretary of Health and Human Services (HHS) to grant one-year renewable waivers to a facility for a particular container if such facility: (1) demonstrates that it is not technologically feasible to replace BPA in the container or to use an alternative container that does not contain BPA, and (2) submits to the Secretary a plan and timeline for removing BPA from such container. Sets forth labeling requirements for a product granted a waiver. Requires the Secretary to promote and facilitate the use of BPA replacements. Prohibits replacement of BPA with substances that: (1) are known or are likely human carcinogens; (2) have been found by the Environmental Protection Agency (EPA) to be persistent, bioaccumulative, and toxic; (3) cause reproductive or developmental toxicity; or (4) are endocrine disrupting chemicals. Requires the Commissioner of Food and Drugs (FDA) to review substances used in food containers in order determine whether there is a reasonable certainty that no harm will result from aggregate exposure to such substance, taking into consideration potential adverse effects from low-dose exposure and the effects on vulnerable populations and populations with high exposure. Sets forth remedial actions based on the Secretary's determination. Amends the Federal Food, Drug, and Cosmetic Act to require a manufacturer or supplier of a food contact substance to notify the Secretary of the identity and intended use of any such substance prior to its introduction into interstate commerce and of its determination that: (1) no adverse health effects result from low-dose exposures to such substance; and (2) such substance has not been shown, after tests which are appropriate for the evaluation of the safety of food contact substances, to cause reproductive or developmental toxicity in humans or animals.

113 S2572 IS: Ban Poisonous Additives Act of 2014 U.S. Senate 2014-07-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2572 IN THE SENATE OF THE UNITED STATES July 9, 2014 Mr. Markey Committee on Health, Education, Labor, and Pensions A BILL To ban the use of bisphenol A in food containers, and for other purposes. 1. Short title This Act may be cited as the Ban Poisonous Additives Act of 2014 2. Ban on use of bisphenol A in food and beverage containers (a) Treatment of bisphenol A as adulterating the food or beverage (1) In general For purposes of applying section 402(a)(6) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(6)), a food container (which for purposes of this Act includes a beverage container) that is composed, in whole or in part, of bisphenol A, or that can release bisphenol A into food (as defined for purposes of the Federal Food, Drug, and Cosmetic Act), shall be treated as a container described in such section (relating to containers composed, in whole or in part, of a poisonous or deleterious substance which may render the contents injurious to health). (2) Applicability (A) Reusable food containers Paragraph (1) (B) Other food containers Paragraph (1) (b) Waiver (1) In general The Secretary, after public notice and opportunity for comment, may grant to any facility (as that term is defined in section 415 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350d subsection (a) (2) Applicability A waiver granted to a facility under paragraph (1) (3) Requirement for waiver The Secretary may only grant a waiver under paragraph (1) (A) demonstrates that it is not technologically feasible to— (i) replace bisphenol A in the certain type of container or containers for such particular food product or products; or (ii) use an alternative container that does not contain bisphenol A for such particular food product or products; and (B) submits to the Secretary a plan and timeline for removing bisphenol A from such type of container or containers for that food product or products. (4) Labeling (A) In general Any product for which the Secretary grants such a waiver shall display a prominent warning on the label that the container contains bisphenol A that states, bisphenol A (BPA) is a chemical that can leach into food and may harm prenatal development and the health of children and adults (B) Additional requirement The prominent warning required under subparagraph (A) (5) Duration (A) Initial waiver Any waiver granted under paragraph (1) subsection (a) (B) Renewal of waiver The Secretary may renew any waiver granted under paragraph (1) (c) Substances used To replace Bisphenol A The Secretary shall, to the extent possible, promote, facilitate, and incentivize the use of safer alternatives to replace bisphenol A, and as such bisphenol A shall not be replaced in food containers with substances that— (1) are known or are likely human carcinogens; (2) have been found by the Environmental Protection Agency to be persistent, bioaccumulative, and toxic; (3) cause reproductive or developmental toxicity; or (4) are endocrine disrupting chemicals. (d) Reexamination of approved food additives, effective food contact substance notifications, and substances that are generally recognized as safe (1) Plan and schedule Not later than 1 year after the date of enactment of this Act, after opportunity for comment, the Secretary, acting through the Commissioner of Food and Drugs shall publish a plan and schedule for the selection of substances under paragraph (2) paragraph (5) (2) Selection of substances Not later than 1 year after the date of enactment of this Act and not less than once every 3 years thereafter, the Secretary, acting through the Commissioner of Food and Drugs, shall, based on the factors under paragraph (4) paragraph (5) (A) substances authorized as a food additive under any regulations issued under section 409 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348 (B) substances that are the subject of any sanction or approval as described in section 201(s)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(s)(4) (C) substances that are the subject of an effective food contact substance notification, as described in section 409(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(h)); (D) substances that are generally recognized as safe, as listed in part 182 of title 21, Code of Federal Regulations (or any successor regulations); (E) direct food substances affirmed as generally recognized as safe, as listed in part 184 of title 21, Code of Federal Regulations (or any successor regulations); and (F) indirect food substances affirmed as generally recognized as safe, as listed in part 186 of title 21, Code of Federal Regulations (or any successor regulations). (3) Notice and comment The selection of substances under paragraph (2) (4) Priorities In selecting substances under paragraph (2) (A) Whether, based on new scientific information, the Secretary determines that there is a possibility that there is no longer a reasonable certainty that no harm will result from aggregate exposure to such substance through food containers composed, in whole or in part, of such substance, taking into consideration— (i) potential adverse effects from low dose exposure; and (ii) the effects of exposure on vulnerable human populations. (B) Whether, since the introduction of such substance into interstate commerce, there has been a significant increase in the amount of such substance found in— (i) sources of drinking water; or (ii) products that are likely to be used by vulnerable human populations. (C) Whether such substance has been approved by the Food and Drug Administration to be used in the lining of canned food. (5) Review of substances and Secretarial determination (A) In general Not later than 1 year after the date on which a substance is selected under paragraph (2) (i) potential adverse effects from low dose exposure; and (ii) the effects of exposure on vulnerable human populations. (B) Notice and comment The determination made under subparagraph (A) (6) Remedial action (A) In general Upon a determination under paragraph (5) (i) if the substance is not defined as a food contact substance under the Federal Food, Drug, and Cosmetic Act, the substance shall be subject to subsections (a)(3) and (h) of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(a)(3) and (h)), subject to the process under subparagraph (B) (ii) if the substance is defined as a food contact substance under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. subparagraph (C); and (iii) the Secretary shall, to the extent practicable, promote, facilitate, and incentivize the use of safer alternatives as replacements for such substance. (B) Treatment of substances that are not defined as food contact substances The process under this subparagraph is as follows: (i) One year after the determination under paragraph (5) (I) any regulation issued under section 409 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348 (II) any sanction or approval as described in section 201(s)(4) of such Act ( 21 U.S.C. 321(s)(4) shall be deemed revoked. (ii) Upon receipt of a food contact notification for a food contact substance containing a substance subject to the process under this subparagraph, the Secretary shall review the notification under the authority described in subsections (a)(3) and (h) of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(a)(3) and (h)). (C) Treatment of substances defined as food contact substances (i) One year after the determination under paragraph (5) (ii) Upon receipt of a food contact notification for a food contact substance containing a substance that is subject to this subparagraph, the Secretary shall review the notification under the authority described in subsections (a)(3) and (h) of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(a)(3) and (h)). (e) Savings provision Nothing in this Act shall affect the right of a State, political subdivision of a State, or Indian tribe to adopt or enforce any regulation, requirement, liability, or standard of performance that is more stringent than a regulation, requirement, liability, or standard of performance under this Act or that— (1) applies to a product category not described in this Act; or (2) requires the provision of a warning of risk, illness, or injury associated with the use of food containers composed, in whole or in part, of bisphenol A. (f) Definitions For purposes of this section: (1) Endocrine disrupting chemical The term endocrine disrupting chemical (2) Reusable food container The term reusable food container (3) Safer alternative The term safer alternative (A) chemical or process substitution; (B) chemical or process re-formulation or re-design; and (C) chemical or process elimination or phase-out. (4) Secretary The term Secretary (5) Vulnerable human population The term vulnerable human population (A) infants, children, and adolescents; (B) pregnant women; (C) the elderly; (D) individuals with preexisting medical conditions; (E) workers who may be exposed to chemical substances and mixtures; (F) residents in communities subject to disproportionate exposures; and (G) members of any other appropriate population identified by the Secretary. 3. Amendments to section 409 of the Federal Food, Drug, and Cosmetic Act Section 409(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348(h) (1) in paragraph (1)— (A) by striking manufacturer or supplier of a food contact substance may manufacturer or supplier of a food contact substance shall (B) by inserting (A) notify the Secretary of (C) by striking , and of ; (B) (D) by striking the period after subsection (c)(3)(A) ; (C) the determination of the manufacturer or supplier that no adverse health effects result from low-dose exposures to the food contact substance; and (D) the determination of the manufacturer or supplier that the substance has not been shown, after tests which are appropriate for the evaluation of the safety of food contact substances, to cause reproductive or developmental toxicity in humans or animals. (2) by striking paragraph (6) and inserting the following: (6) In this section— (A) the term food contact substance (B) the term reproductive or developmental toxicity . 4. Report to Congress Not later than 2 years after the date of enactment of this Act and at least once during every 2-year period thereafter, the Secretary shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. Such report shall include— (1) a list of waivers granted under section 2(b)(1), including a description of the basis for each such waiver; (2) a list of substances selected for review under section 2(c)(2) and the anticipated timeline for future selections of additional substances; (3) for each substance reviewed under section 2(c)(5), the outcome of such review, and the anticipated timeline for review of additional substances; (4) a description of all remedial action taken under section 2(c)(6); and (5) for bisphenol A and any other substance determined not to have a reasonable certainty of no harm under section 2(c)(5), a review of the potential alternatives to that substance that are available or being developed for use in food and beverage containers.

Ban Poisonous Additives Act of 2014

Fuel Cell and Hydrogen Infrastructure Act of 2014 - Amends the Internal Revenue Code, with respect to the tax credit for alternative fuel vehicle refueling property expenditures, to: (1) increase the rate of such credit from 30% to 50% for hydrogen-related alternative fuel vehicles, (2) eliminate the dollar limitation on such credit for hydrogen-related vehicles, (3) allow such credit for off-highway motor vehicles designed for carrying or towing loads, and (4) extend such credit through 2016 for property related to hydrogen. Increases the 30% energy tax credit for investment in fuel cell property to: (1) 40% for fuel cell property used in a combined heat and power system having an energy efficiency percentage of at least 60% but less than 70%, and (2) 50% for fuel cell property having an energy efficiency percentage of 70% or more. Increases the maximum dollar amount of the energy tax credit for investment in qualified fuel cell property.

113 S2573 IS: Fuel Cell and Hydrogen Infrastructure Act of 2014 U.S. Senate 2014-07-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2573 IN THE SENATE OF THE UNITED STATES July 9, 2014 Mr. Blumenthal Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase, expand, and extend the credit for hydrogen-related alternative fuel vehicle refueling property and to increase the investment credit for more efficient fuel cells. 1. Short title This Act may be cited as the Fuel Cell and Hydrogen Infrastructure Act of 2014 2. Expansion of credit for hydrogen-related alternative fuel vehicle refueling property (a) Increase in credit percentage Subsection (a) of section 30C (50 percent in the case of property relating to hydrogen) 30 percent (b) No dollar limitation Subsection (b) of section 30C The preceding sentence shall not apply in the case of property related to hydrogen. . (c) Credit allowable for refueling property for certain motor vehicles designed for carrying or towing loads (1) In general Subsection (c) of section 30C and (2) with respect to property described in section 179A(d)(3)(A) for the storage or dispensing of fuel at least 85 percent of the volume of which consists of hydrogen, the reference to motor vehicles in section 179A(d)(3)(A) includes specified off-highway vehicles, and . (2) Specified off-highway vehicles defined Subsection (e) of section 30C of such Code is amended by adding at the end the following new paragraph: (7) Specified off-highway vehicles For purposes of subsection (c)(2)— (A) In general The term specified off-highway vehicles (B) Exceptions Such term does not include— (i) farm tractors, trench diggers, power shovels, bulldozers, road graders or rollers, and similar equipment which does not carry or tow a load, and (ii) any vehicle that operates exclusively on a rail or rails. . (d) Credit for hydrogen property extended through 2016 Paragraph (1) of section 30C(g) December 31, 2014 December 31, 2016 (e) Effective date (1) In general The amendments made by subsections (a) and (c) shall apply to property placed in service after the date of the enactment of this Act in taxable years ending after such date. (2) Repeal of limitation The amendment made by subsection (b) shall apply to taxable years beginning after the date of the enactment of this Act. (3) Hydrogen refueling property The amendment made by subsection (d) shall apply to property placed in service after December 31, 2014. 3. Increased investment credit for more efficient fuel cells (a) Increased percentage (1) In general Subparagraph (A) of section 48(a)(2) and (ii) 40 percent in the case of qualified fuel cell property used in a combined heat and power system having an energy efficiency percentage (as defined in section 48(c)(3)(C)) of at least 60 percent but less than 70 percent, (iii) 50 percent in the case of qualified fuel cell property used in such a system having an energy efficiency percentage (as so defined) of 70 percent or more, and . (2) Conforming amendments (A) Subclause (I) of section 48(a)(2)(A)(i) of such Code is amended by inserting not described in clause (ii) or (iii) (B) Clause (iv) of section 48(a)(2)(A) of such Code, as redesignated by paragraph (1), is amended by striking to which clause (i) does not apply to which none of the preceding clauses apply (b) Increased maximum credit Subparagraph (B) of section 48(c)(1) of such Code is amended to read as follows: (B) Limitation In the case of qualified fuel cell property placed in service during the taxable year, the credit otherwise determined under subsection (a) for such year with respect to such property shall not exceed an amount equal to— (i) in the case of property described in subsection (a)(2)(A)(i)(I), $1,500 for each 0.5 kilowatt of capacity of such property, (ii) in the case of property described in subsection (a)(2)(A)(ii), $2,000 for each 0.5 kilowatt of capacity of such property, and (iii) in the case of property described in subsection (a)(2)(A)(iii), $2,500 for each 0.5 kilowatt of capacity of such property. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Fuel Cell and Hydrogen Infrastructure Act of 2014

Healthy Families Act of 2014 - Amends the Public Health Service Act to make the United States Preventive Services Task Force subject to Federal Advisory Committee Act requirements, including open meetings.

113 S2574 IS: Healthy Families Act of 2014 U.S. Senate 2014-07-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2574 IN THE SENATE OF THE UNITED STATES July 9, 2014 Mrs. Fischer Committee on Health, Education, Labor, and Pensions A BILL To make the United States Preventive Services Task Force subject to the Federal Advisory Committee Act. 1. Short title This Act may be cited as the Healthy Families Act of 2014 2. United States Preventive Services Task Force Section 915(a) of the Public Health Service Act ( 42 U.S.C. 299b–4(a) (5) Applicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Task Force. .

Healthy Families Act of 2014

Sage-Grouse Accountability and Private Conservation Act of 2014 - Directs the Department of the Interior to report on the status of the greater sage-grouse conservation efforts by December 15, 2014. Requires the report to include a description of: (1) public (federal and state) and private programs and expenditures, (2) existing state management plans as well as plans that have been announced but not yet implemented, and (3) plans by land management agencies. Authorizes the Department of Agriculture (USDA) to provide funding under its agricultural land easements program for a conservation easement in an amount that is up to 75% of the value of land with greater or Gunnison sage-grouse habitat of special environmental significance. Adds maximizing the protection of that habitat as a consideration when ranking applications to the program.

113 S2575 IS: Sage-Grouse Accountability and Private Conservation Act of 2014 U.S. Senate 2014-07-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2575 IN THE SENATE OF THE UNITED STATES July 9, 2014 Mr. Walsh Mr. Tester Mr. Udall of Colorado Committee on Environment and Public Works A BILL To require the Secretary of the Interior to prepare a report on the status of greater sage-grouse conservation efforts, and for other purposes. 1. Short title This Act may be cited as the Sage-Grouse Accountability and Private Conservation Act of 2014 2. Findings Congress finds that— (1) pursuant to the court-approved work schedule described in the Joint Motion for Approval of Settlement Agreement and Order of Dismissal of Guardians Claims entitled In Re Endangered Species Act Section 4 Deadline Litigation 16 U.S.C. 1531 et seq. (2) the Federal Government, through programs of the Department of the Interior and the Department of Agriculture, has invested substantial funds on greater and Gunnison sage-grouse conservation efforts to avoid the greater and Gunnison sage-grouse being listed as threatened or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (3) State wildlife management agencies have prepared, and as of the date of enactment of this Act are in the process of implementing, greater and Gunnison sage-grouse conservation plans to complement the conservation efforts of the Federal Government; (4) private investment in conservation efforts, independently and in conjunction with Federal cost-share conservation easement programs, has been significant; (5) through a combination of Federal, State, and private efforts, significant conservation progress is being made, and further progress will be made following full implementation of State management plans and new Federal conservation programs; and (6) farmers, ranchers, developers, and small businesses need certainty, and further clarity on the likelihood of a listing decision will provide that certainty. 3. Definition of Secretary In this Act, the term Secretary 4. Greater Sage-Grouse Reporting Requirement (a) In General Not later than December 15, 2014, the Secretary shall submit to the appropriate committees of Congress a report on the status of greater sage-grouse conservation efforts. (b) Contents In the report required under subsection (a), the Secretary shall include— (1) a description of public and private programs and expenditures, including State and Federal Government agencies, relating to greater sage-grouse conservation; (2) a description of State management plans, including plans that have been announced but not yet implemented; (3) a description of Bureau of Land Management plans, or plans by any other land management agencies, relating to greater sage-grouse conservation; (4) in accordance with subsection (c), a description of the metrics that, at the discretion of the Secretary, will be used to make a determination of whether the greater sage-grouse should be listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (5) any outcome under the programs, expenditures, or plans referred to in paragraphs (1) through (3) that can be measured by the metrics described in subsection (c); and (6) any recommendations to Congress for legislative actions that could provide certainty to farmers, ranchers, developers, and small businesses and could assist in the conservation of the greater sage-grouse. (c) Reported Metrics The metrics referred to in subsection (b)(4) may include— (1) the quantity of acres enrolled in sagebrush and habitat protection in conservation programs established under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.) or other conservation programs of the Department of Agriculture, including conservation easements, land purchases or swaps, vegetation management or habitat enhancement programs, and fuels management programs; (2) data on nonfire related habitat restoration efforts, including native, nonnative, and mixed seeding efforts; (3) data on mine reclamation and subsequent restoration efforts intended to restore greater sage-grouse habitat; (4) data on conifer removal; (5) data on presuppression fire efforts, including— (A) the number of acres associated with fuels management programs; and (B) the number of miles associated with fire breaks; (6) data on habitat restoration, including postfire restoration efforts involving native, nonnative, and mixed seeding; (7) data on structure removal, power line burial, power line retrofitting or modification, fence modification, fence marking, and fence removal; (8) for livestock and rangeland management, data on allotment closure and road closure; (9) for travel management, data on road and trail closure and trail rerouting; (10) data on greater sage-grouse translocation efforts, including the number of greater sage-grouse translocated, the age of each translocated greater sage-grouse, and the sex of each translocated greater sage-grouse; and (11) any other data or metric the Secretary may examine in making the decision on whether to list the greater sage-grouse as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 5. Agricultural Land Easements (a) In General Section 1265B(b)(2)(C)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(b)(2)(C)(i) (1) by striking Grasslands In general (2) by inserting and land with greater or Gunnison sage-grouse habitat of special environmental significance significance (b) Considerations Section 1265B(b)(3)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3865b(b)(3)(B) (1) in clause (i), by striking and (2) in clause (ii), by striking the period at the end and inserting ; and (3) by adding at the end the following: (iii) maximizing the protection of greater or Gunnison sage-grouse habitat. .

Sage-Grouse Accountability and Private Conservation Act of 2014

Maritime Washington National Heritage Area Act - Establishes the Maritime Washington National Heritage Area in Whatcom, Skagit, Snohomish, San Juan, Island, King, Pierce, Thurston, Mason, Kitsap, Jefferson, Clallam, and Grays Harbor Counties in the state of Washington. Designates the Pacific Northwest Maritime Heritage Advisory Council operating under the Washington Trust for Historic Preservation as the local coordinating entity for the Heritage Area. Requires the Council to submit a management plan for the Heritage Area.

113 S2576 IS: Maritime Washington National Heritage Area Act U.S. Senate 2014-07-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2576 IN THE SENATE OF THE UNITED STATES July 9, 2014 Ms. Cantwell Mrs. Murray Committee on Energy and Natural Resources A BILL To establish the Maritime Washington National Heritage Area in the State of Washington, and for other purposes. 1. Short title This Act may be cited as the Maritime Washington National Heritage Area Act 2. Definitions In this Act: (1) Heritage area The term Heritage Area (2) Local coordinating entity The term local coordinating entity (3) Management plan The term management plan (4) Map The term map Washington State Maritime Heritage Area Proposed Boundary (5) Secretary The term Secretary (6) State The term State 3. Purposes The purposes of this Act are— (1) to encourage and strengthen partnerships and collaboration among maritime interests for the purpose of economic development and heritage tourism; (2) to recognize that waterfronts are both a foundational part of the heritage of the State and dynamic places that are constantly adapting to new opportunities and challenges; (3) to recognize, interpret, and conserve the diverse and abundant nationally significant maritime-related objects, sites, structures, places, events, and activities that collectively form a distinctive landscape in ports and coastal communities located in the western part of the State; (4) to recognize and interpret the impact of that nationally important maritime landscape on Native American and European-American heritage; (5) to preserve landscapes, communities, traditions, historic sites, and natural features in the Heritage Area associated with that maritime history; (6) to promote heritage, cultural, and recreational tourism, and to develop educational, interpretive, recreational, and cultural programs through partnerships for the benefit of visitors and the general public; and (7) to provide appropriate linkages between Federal, State, and local historic sites, and communities, governments, businesses, organizations, and individuals that stimulate appropriate and compatible economic vitality within the Heritage Area, without modifying the authority of any State, tribal, or local government to regulate land use, public land policy, or private activity. 4. Maritime Washington National Heritage Area (a) Establishment There is established the Maritime Washington National Heritage Area in the counties of Whatcom, Skagit, Snohomish, San Juan, Island, King, Pierce, Thurston, Mason, Kitsap, Jefferson, Clallam, and Grays Harbor in the State. (b) Boundaries (1) In general The Heritage Area shall consist of Federal, State, local, and tribal land that— (A) allows public access; and (B) is at least partly located within the area that is 1/4 (2) Revision The boundaries of the Heritage Area may be revised if the revision is— (A) proposed in the management plan; (B) approved by the Secretary in accordance with section 5; and (C) placed on file in accordance with paragraph (3). (3) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and the local coordinating entity. (4) Local coordinating entity The local coordinating entity for the Heritage Area shall be the Pacific Northwest Maritime Heritage Advisory Council, operating under the Washington Trust for Historic Preservation. 5. Duties and authorities of local coordinating entity (a) Duties To support the purposes of the Heritage Area, the local coordinating entity shall— (1) prepare and submit to the Secretary in accordance with section 6, a management plan for the Heritage Area; (2) assist willing partners, such as units of State, local, and tribal government, regional planning organizations, and private organizations, in implementing the approved management plan by— (A) advocating for and carrying out programs and projects that recognize and protect important resource values within the Heritage Area; (B) promoting, developing, and maintaining interpretive exhibits and programs within the Heritage Area; (C) promoting or developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, natural, historic, scenic, recreational, and cultural resources of the Heritage Area; (E) advocating for the protection and preservation of historic sites, structures, objects, and buildings in the Heritage Area that are consistent with the themes of the Heritage Area; (F) ensuring that signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, businesses, organizations, and individuals to support the purposes of the Heritage Area; (3) take into consideration the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) ensure an open and transparent process for the development and implementation of the management plan by holding regular public meetings; (5) submit to the Secretary an annual report for each fiscal year during which the local coordinating entity receives Federal funds under this Act that describes, with respect to the reporting period— (A) the goals and accomplishments of the local coordinating entity; (B) the expenses and income of the local coordinating entity; (C) the amounts and sources of matching funds; (D) the amounts leveraged with Federal funds and sources of the leveraged funds; (E) grants made to any other entities; and (F) critical components for sustainability of the Heritage Area; (6) make available for audit for any fiscal year for which the local coordinating entity receives Federal funds under this Act all information pertaining to the expenditure of those funds and any matching funds; (7) in all agreements authorizing expenditures of Federal funds by other organizations, ensure that the receiving organizations make available for audit all records and other information pertaining to the expenditure of the funds; and (8) encourage and strengthen partnerships and collaboration among maritime interests by appropriate means for economic development and heritage tourism, consistent with the purposes of the Heritage Area. (b) Authorities Subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, the local coordinating entity may use Federal funds made available under this Act— (1) to make grants to the State, political subdivisions of the State, nonprofit organizations, and other individuals and entities; (2) to enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties; (3) to hire and compensate staff; (4) to obtain funds or services from any source, including funds and services provided under any other Federal law or program; (5) to contract for goods or services; and (6) to support activities of partners and any other activities that— (A) support the purposes of the Heritage Area; and (B) are consistent with the approved management plan. (c) Prohibition on acquisition of real property The local coordinating entity may not use Federal funds received under this Act to acquire any interest in real property. 6. Management plan (a) In general Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements The management plan for the Heritage Area shall— (1) describe comprehensive policies, goals, strategies, and recommendations for the conservation, funding, management, interpretation, and development of the Heritage Area; (2) take into consideration existing State and local plans in the development and implementation of the management plan; (3) include a description of actions and commitments that governments, private organizations, and individuals plan to take to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the Heritage Area; (4) specify existing and potential sources of funding or economic development strategies to conserve, manage, and develop the Heritage Area; (5) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the stories and themes of the Heritage Area that should be protected, enhanced, managed, or developed; (6) recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements, to protect the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area; (7) describe a program for implementation of the management plan, including— (A) performance goals; (B) an approximate timeline for implementation; (C) specific commitments for implementation; and (D) how the plan will be evaluated and updated; (8) include an analysis of, and recommendations for, ways in which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to support the purposes of this Act; (9) provide recommendations for educational and interpretive programs to inform the public regarding the resources of the Heritage Area; and (10) include a business plan that— (A) describes the role, operation, financing, and functions of— (i) the local coordinating entity; and (ii) each major activity contained in the management plan; (B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area; and (C) describes goals and recommendations for sustainability of the coordinating entity through the effective period of this Act. (c) Termination of funding If the management plan is not submitted to the Secretary in accordance with this section, the local coordinating entity shall not qualify for additional financial assistance under this Act until the date on which the management plan is submitted to, and approved by, the Secretary. (d) Approval of management plan (1) Review Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan. (2) Criteria for approval In determining the approval of the management plan, the Secretary shall consider whether— (A) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, resource-related organizations, educational institutions, ports, businesses, community residents, and recreational organizations; (B) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including workshops and public meetings) in the preparation of the management plan; (C) the conservation and interpretation strategies described in the management plan, if implemented, are compatible and consistent with this Act; (D) the management plan would not adversely affect any activities authorized on Federal, State, local, or tribal land under applicable laws or land use plans; (E) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials the support of which is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; (F) the local coordinating entity has identified existing and potential sources of funding for implementing the management plan in partnership with others; and (G) provisions for long-term sustainability of the Heritage Area are in place. (3) Action following disapproval (A) In general If the Secretary disapproves the management plan, the Secretary— (i) shall advise the local coordinating entity in writing of the reasons for the disapproval; and (ii) may make recommendations to the local coordinating entity for revisions to the management plan. (B) Deadline Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. (4) Amendments (A) In general An amendment to the management plan that substantially alters the management plan shall be— (i) reviewed by the Secretary; and (ii) approved or disapproved in the same manner as the original management plan. (B) Implementation The local coordinating entity shall not use Federal funds authorized to be appropriated by this Act to implement any amendment to the management plan until the Secretary approves the amendment. 7. Duties and authorities of Secretary (a) Technical and financial assistance (1) In general On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan. (2) Cooperative agreements The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private organizations to provide technical or financial assistance under paragraph (1). (3) Priority In providing assistance under this subsection, the Secretary shall give priority to actions that assist in— (A) conserving the significant historic and cultural maritime-related resources of the Heritage Area; and (B) providing educational, interpretive, and recreational opportunities for the public, consistent with the purposes of the Heritage Area. (b) Evaluation; report (1) In general Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under section 11, the Secretary shall— (A) conduct an evaluation of the accomplishments of the Heritage Area; and (B) prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with paragraph (3). (2) Evaluation components An evaluation conducted under paragraph (1)(A) shall— (A) assess the progress of the local coordinating entity with respect to— (i) accomplishing the purposes of this Act for the Heritage Area; and (ii) achieving the goals and objectives of the approved management plan for the Heritage Area; (B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (3) Recommendations (A) In general Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (B) Required analysis If the report prepared under this paragraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (ii) the appropriate time period necessary to achieve the recommended reduction or elimination. (C) Submission to Congress On completion of a report under this paragraph, the Secretary shall submit the report to— (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. 8. Relationship to other Federal agencies (a) In general Nothing in this Act affects the authority of any Federal agency to provide technical or financial assistance under any other law (including regulations). (b) Consultation and coordination To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity. (c) Other Federal agencies Nothing in this Act— (1) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 9. Property owners and regulatory protections Nothing in this Act— (1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner— (A) to permit public access (including Federal, State, tribal, or local government access) to the property; or (B) to modify any provision of Federal, State, tribal, or local law with regard to public access or use of private land; (3) alters any duly adopted land use regulation, approved land-use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government; (4) conveys any land use or other regulatory authority to the local coordinating entity; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any individual injured on the private property. 10. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $500,000 shall be made available for any fiscal year. (b) Availability Funds made available under subsection (a) shall remain available until expended. (c) Cost-Sharing requirement (1) In general The Federal share of the total cost of any activity under this section shall be not more than 50 percent. (2) Form The non-Federal contribution— (A) shall be from non-Federal sources; and (B) may be in the form of in-kind contributions of goods or services fairly valued. 11. Termination of financial assistance The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

Maritime Washington National Heritage Area Act

Protect Women's Health From Corporate Interference Act of 2014 - Affirms requirements, notwithstanding the Religious Freedom Restoration Act of 1993, that: (1) an employer that establishes or maintains a group health plan for its employees must provide coverage of a specific item or service for the employees or their dependents where the coverage is required under federal provisions or regulations pursuant to those provisions; and (2) group health plans sponsored by an employer or employee organization, and any health insurance coverage, must provide coverage required under the Public Health Service Act, including preventive health services. Authorizes the Departments of Labor, Health and Human Services (HHS), and the Treasury to modify regulations concerning coverage of contraceptive services by group health plans of religious employers consistent with the purposes and findings (regarding coverage of birth control services and the Supreme Court decisions in Burwell v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Burwell) of this Act.

113 S2578 PCS: Protect Women's Health From Corporate Interference Act of 2014 U.S. Senate 2014-07-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 459 113th CONGRESS 2d Session S. 2578 IN THE SENATE OF THE UNITED STATES July 9, 2014 Mrs. Murray Mr. Udall of Colorado Ms. Baldwin Mr. Begich Mr. Bennet Mr. Blumenthal Mr. Booker Mrs. Boxer Mr. Brown Ms. Cantwell Mr. Cardin Mr. Durbin Mrs. Feinstein Mr. Franken Mrs. Gillibrand Mrs. Hagan Mr. Harkin Mr. Heinrich Ms. Hirono Mr. Johnson of South Dakota Mr. Kaine Ms. Klobuchar Mr. Levin Mr. Markey Mr. Menendez Mr. Merkley Ms. Mikulski Mr. Murphy Mr. Reid Mr. Sanders Mr. Schatz Mr. Schumer Mrs. Shaheen Ms. Stabenow Mr. Tester Mr. Udall of New Mexico Mr. Walsh Ms. Warren Mr. Whitehouse Mr. Wyden Mr. Leahy Mr. Coons Mr. Warner July 10, 2014 Read the second time and placed on the calendar A BILL To ensure that employers cannot interfere in their employees’ birth control and other health care decisions. 1. Short title This Act may be cited as the Protect Women's Health From Corporate Interference Act of 2014 2. Purpose The purpose of this Act is to ensure that employers that provide health benefits to their employees cannot deny any specific health benefits, including contraception coverage, to any of their employees or the covered dependents of such employees entitled by Federal law to receive such coverage. 3. Findings Congress finds as follows: (1) Access to the full range of health benefits and preventive services, as guaranteed under Federal law or through Federal regulations, provides all Americans with the opportunity to lead healthier and more productive lives. (2) Birth control is a critical health care service for women. Ninety-nine percent of sexually active women use birth control at least once in their lifetimes, and the Centers for Disease Control and Prevention declared it one of the Ten Great Public Health Achievements of the 20th Century. While the most common reason women use contraception is to prevent pregnancy, 58 percent of oral contraceptive users cite noncontraceptive health benefits as reasons for using the method. Fourteen percent of birth control pill users, more than 1,500,000 women, rely on birth control pills for noncontraceptive purposes only. (3) In addition to providing health benefits for women, access to birth control has been directly connected to women’s economic success and ability to participate in society equally. Women with access to birth control are more likely to have higher educational achievement and career achievement, and to be paid higher wages. (4) The independent, nonprofit Institute of Medicine recommends, as part of its recommended preventive health measures, that women’s preventive health be covered by health plans with no cost-sharing to promote optimal health of women. The Institute of Medicine noted that the contraceptive methods recommendation was one of the most important recommendations for women. (5) Affordability has long been a barrier to women being able to use birth control and other preventive health services effectively. A national survey of women who were currently using some form of contraception found that one-third would switch to a different method of contraception if they did not have to worry about cost. Women citing cost concerns were twice as likely as other women to rely on less effective methods of contraception. (6) Three separate studies have found that lack of health coverage is significantly associated with reduced use of prescription contraceptives. (7) Cost-sharing requirements can dramatically reduce the use of preventive health care measures, particularly among lower-income women. Studies have shown that eliminating cost-sharing for the most effective forms of contraception (intrauterine devices, implants, and injectables) leads to sizable increases in the use of these methods. (8) The Patient Protection and Affordable Care Act ( Public Law 111–148 (9) The contraceptive coverage provision has been a success in increasing access to this critical health service for women. As of 2013, 47,000,000 women were covered by this requirement. Women have saved $483,000,000 in out-of-pocket costs for oral contraceptives with no copayments in 2013 compared to 2012. (10) The Journal of the American Medical Association reports that 7 out of 10 people in the United States support coverage of contraception, with significantly higher support among women, Hispanic Americans, and Black Americans. (11) An estimated 76,000,000 people in the United States, including 30,000,000 women, are newly eligible for expanded preventive services coverage under the Patient Protection and Affordable Care Act. A total of 48,500,000 women are estimated to benefit from preventive services coverage without cost-sharing. (12) The most appropriate method of contraception varies according to each individual woman’s needs and medical history. Women may have medical contraindications and thus not be able to use certain types of contraceptive methods. It is therefore vital that the full range of contraceptive methods approved by the Food and Drug Administration be available in order to ensure that each woman, in consultation with her medical provider, can make appropriate decisions about her health care. (13) Covering proven preventative services like contraception lowers health care spending as it improves health. The Federal Government experienced no increase in costs at all after it began covering contraceptives for Federal employees. A study by the National Business Group on Health estimated that it costs employers 15 to 17 percent more to not provide contraceptive coverage in employee health plans, accounting for the employer’s direct medical costs of pregnancy and indirect costs related to employee absence and reduced productivity. (14) Dozens of cases have been filed in Federal court by employers that want to take this benefit away from their employees and the covered dependents of such employees. (15) On June 30, 2014, the Supreme Court held, in Burwell v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Burwell, that some for-profit corporations can take away the birth control coverage guaranteed to their employees and the covered dependents of such employees through their group health plan. (16) In a dissent in those cases, Justice Ruth Bader Ginsburg states that in this decision of startling breadth … the exemption sought by Hobby Lobby and Conestoga … would deny legions of women who do not hold their employers’ beliefs access to contraceptive coverage that the ACA would otherwise secure. blood transfusions …. antidepressants … medications derived from pigs, including anesthesia … and vaccinations. (17) The Supreme Court’s decision in those cases allows employers, that otherwise provide coverage of preventive health services, to deny their employees and the covered dependents of such employees contraceptive coverage and to treat a critical women’s health service differently than other comparable services. Legislation is needed to clarify that employers may not discriminate against their employees and dependents. (18) It is imperative that Congress act to reinstate contraception coverage and to protect employees and the covered dependents of such employees from other attempts to take away coverage for other health benefits to which such employees and dependents are entitled under Federal law. (19) This Act is intended to be consistent with the Congressional intent in enacting the Religious Freedom and Restoration Act of 1993 ( Public Law 103–141 4. Ensuring coverage of specific benefits (a) In general An employer that establishes or maintains a group health plan for its employees (and any covered dependents of such employees) shall not deny coverage of a specific health care item or service with respect to such employees (or dependents) where the coverage of such item or service is required under any provision of Federal law or the regulations promulgated thereunder. A group health plan, as defined in section 733(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)), sponsored by an employer, employee organization, or both, and any health insurance coverage, as defined in section 2791(b) of the Public Health Service Act ( 42 U.S.C. 300gg–91 42 U.S.C. 300gg–13 (b) Application Subsection (a) shall apply notwithstanding any other provision of Federal law, including Public Law 103–141 (c) Regulations The regulations contained in sections 54.9815-2713A of title 26, 2590.715-2713A of title 29, and 147.131 of title 45, Code of Federal Regulations, shall apply with respect to this section. The Departments of Labor, Health and Human Services, and the Treasury may modify such regulations consistent with the purpose and findings of this Act. (d) Enforcement The provisions of this Act shall apply to plan sponsors, group health plans, and health insurance issuers as if enacted in the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), the Public Health Service Act (42 U.S.C. 201 et seq.), and the Internal Revenue Code of 1986. Any failure by a plan sponsor, group health plan, or health insurance issuer to comply with the provisions of this Act shall be subject to enforcement through part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.), section 2723 of the Public Health Service Act (42 U.S.C. 300gg–22), and section 4980D July 10, 2014 Read the second time and placed on the calendar

Protect Women's Health From Corporate Interference Act of 2014

Grazing Improvement Act - Amends the Federal Land Policy and Management Act of 1976 to revise provisions related to grazing leases and permits. Extends the maximum period of a term for grazing permits and leases for domestic livestock grazing on public lands or lands within national forests in 16 contiguous western states from 10 years to 20 years, if the Secretary of Interior with respect to land administered by Interior or the Secretary of Agriculture with respect to National Forest Service System land (the Secretary concerned) has assessed and evaluated the grazing allotment and determined that the grazing allotment meets applicable standards or objectives. Requires a permit or lease to be continued until the Secretary concerned completes any environmental analysis and documentation for the permit or lease required under the National Environmental Policy Act of 1969 (NEPA) and other applicable laws. Instructs the Secretary concerned to seek to conduct environmental reviews on an allotment or multiple allotment basis, if the allotments share similar ecological conditions for purposes of compliance with NEPA and other applicable laws. Permits the exclusion of grazing permits or leases from environmental assessment or environmental impact statement requirements under NEPA if: (1) the issued permit or lease continues the current grazing management of the allotment, and (2) the Secretary concerned has determined that the allotment meets applicable standards or objectives. Permits the exclusion of the trailing and crossing of livestock across public land from such requirements. Gives the Secretary concerned sole discretion to determine the priority and timing for completing each required environmental analysis based on environmental significance and available funding. Establishes in the Departments of the Interior and of Agriculture (USDA) a pilot program that: (1) authorizes the voluntary relinquishment of grazing permits or leases in New Mexico and Oregon, and (2) provides that grazing permits or leases voluntarily relinquished shall be permanently retired from further grazing authorization.

113 S258 RS: Grazing Improvement Act U.S. Senate 2013-02-07 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. 392 113th CONGRESS 2d Session S. 258 [Report No. 113–166] IN THE SENATE OF THE UNITED STATES February 7, 2013 Mr. Barrasso Mr. Enzi Mr. Crapo Mr. Hatch Mr. Heller Mr. Lee Mr. Risch Mr. Hoeven Mr. Flake Committee on Energy and Natural Resources May 22, 2014 Reported by Ms. Landrieu Strike out all after the enacting clause and insert the part printed in italic A BILL To amend the Federal Land Policy and Management Act of 1976 to improve the management of grazing leases and permits, and for other purposes. 1. Short title This Act may be cited as the Grazing Improvement Act 2. Terms of grazing permits and leases Section 402 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752 (1) by striking ten years 20 years (2) in subsection (b)— (A) by striking or (B) in paragraph (3), by striking the period at the end and inserting ; or (C) by adding at the end the following: (4) the initial environmental analysis under National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. . 3. Renewal, transfer, and reissuance of grazing permits and leases Title IV of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 et seq. 405. Renewal, transfer, and reissuance of grazing permits and leases (a) Definitions In this section: (1) Current grazing management The term current grazing management (2) Secretary concerned The term Secretary concerned (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Department of the Interior. (b) Renewal, transfer, reissuance, and pending processing A grazing permit or lease issued by the Secretary of the Interior, or a grazing permit issued by the Secretary of Agriculture regarding National Forest System land, that expires, is transferred, or is waived shall be renewed or reissued under, as appropriate— (1) section 402; (2) section 19 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act 16 U.S.C. 580l (3) title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. (4) section 510 the California Desert Protection Act of 1994 ( 16 U.S.C. 410aaa–50 (c) Terms; conditions The terms and conditions (except the termination date) contained in an expired, transferred, or waived permit or lease described in subsection (b) shall continue in effect under a renewed or reissued permit or lease until the date on which the Secretary concerned completes the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, in compliance with each applicable law. (d) Cancellation; suspension; modification Notwithstanding subsection (c), a permit or lease described in subsection (b) may be cancelled, suspended, or modified in accordance with applicable law. (e) Renewal transfer reissuance after processing When the Secretary concerned has completed the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, the Secretary concerned shall renew or reissue the permit or lease for a term of 20 years after completion of processing. (f) Compliance with National Environmental Policy Act of 1969 The renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned shall be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement if— (1) the decision to renew, reissue, or transfer continues the current grazing management of the allotment; (2) monitoring of the allotment has indicated that the current grazing management has met, or has satisfactorily progressed towards meeting, objectives contained in the land use and resource management plan of the allotment, as determined by the Secretary concerned; or (3) the decision is consistent with the policy of the Department of the Interior or the Department of Agriculture, as appropriate, regarding extraordinary circumstances. (g) Priority and timing for completing environmental analyses The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of the allotment, permit, or lease and available funding for that purpose. (h) NEPA exemptions The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the following: (1) Crossing and trailing authorizations of domestic livestock. (2) Transfer of grazing preference. . 1. Short title This Act may be cited as the Grazing Improvement Act 2. Terms of grazing permits and leases Section 402 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752 (1) in subsection (a)— (A) by striking Except as (1) In general Except as ; and (B) in paragraph (1) (as designated by subparagraph (A)), by striking ten years subject (i) has assessed and evaluated the grazing allotment associated with the permit or lease; and (ii) based on the assessment and evaluation under clause (i), has determined that the grazing allotment is— (I) with respect to public land administered by the Secretary of the Interior, meeting land health standards; or (II) with respect to National Forest System land administered by the Secretary of Agriculture, meeting objectives in the applicable land and resource management plan. (2) Cancellation, suspension, and modification The permit or lease shall be subject ; (2) in subsection (c)— (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (B) by striking So long as (1) Renewal of expiring or transferred permit or lease During any period in which ; and (C) by adding at the end the following: (2) Continuation of terms under new permit or lease The terms and conditions in a grazing permit or lease that has expired, or was terminated due to a grazing preference transfer, shall be continued under a new permit or lease until the date on which the Secretary concerned completes any environmental analysis and documentation for the permit or lease required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws. (3) Completion of processing As of the date on which the Secretary concerned completes the processing of a grazing permit or lease in accordance with paragraph (2), the permit or lease may be canceled, suspended, or modified, in whole or in part. (4) Environmental reviews The Secretary concerned shall seek to conduct environmental reviews on an allotment or multiple allotment basis, to the extent practicable, if the allotments share similar ecological conditions, for purposes of compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ; (3) by redesignating subsection (h) as subsection (j); and (4) by inserting after subsection (g) the following: (h) National environmental policy act of 1969 (1) In general The issuance of a grazing permit or lease by the Secretary concerned may be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (A) the issued permit or lease continues the current grazing management of the allotment; and (B) the Secretary concerned— (i) has assessed and evaluated the grazing allotment associated with the lease or permit; and (ii) based on the assessment and evaluation under clause (i), has determined that the allotment— (I) with respect to public land administered by the Secretary of the Interior— (aa) is meeting land health standards; or (bb) is not meeting land health standards due to factors other than existing livestock grazing; or (II) with respect to National Forest System land administered by the Secretary of Agriculture— (aa) is meeting objectives in the applicable land and resource management plan; or (bb) is not meeting the objectives in the applicable land resource management plan due to factors other than existing livestock grazing. (2) Trailing and crossing The trailing and crossing of livestock across public land and National Forest System land and the implementation of trailing and crossing practices by the Secretary concerned may be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (i) Priority and timing for completion of environmental analyses The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis with respect to a grazing allotment, permit, or lease based on— (1) the environmental significance of the grazing allotment, permit, or lease; and (2) the available funding for the environmental analysis. . 3. Voluntary relinquishment of grazing permits or leases Title IV of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 et seq. 405. Voluntarily relinquishment pilot program — (a) In general There is established in the Department of the Interior and the Department of Agriculture a pilot program that— (1) authorizes the voluntary relinquishment of grazing permits or leases in the eligible States specified in subsection (f); and (2) provides that grazing permits or leases voluntarily relinquished under this section shall be permanently retired from further grazing authorization. (b) Acceptance by secretary and secretary of agriculture (1) In general Subject to paragraph (2), within the eligible States specified in subsection (f)— (A) the Secretary shall accept the voluntary relinquishment of any valid permits or leases authorizing grazing on public land; and (B) the Secretary of Agriculture shall accept the voluntary relinquishment of any valid permits or leases authorizing grazing on land in the National Forest System. (2) Limitation Notwithstanding paragraph (1), the Secretary and the Secretary of Agriculture shall not accept the voluntarily relinquishment of more than 25 grazing permits or leases per year in each of the eligible States specified in subsection (f). (c) Termination With respect to each permit or lease voluntarily relinquished under subsection (a), the Secretary concerned shall— (1) terminate the grazing permit or lease; and (2) except as provided in subsection (d), ensure a permanent end to grazing on the land covered by the permit or lease. (d) Common allotments (1) In general If the land covered by a grazing permit or lease that has been voluntarily relinquished under subsection (a) is also covered by another valid existing grazing permit or lease that is not voluntarily relinquished under subsection (a), the Secretary concerned shall reduce the authorized grazing level on the land covered by the permit or lease to reflect the relinquishment of the grazing permit or lease. (2) Authorized level To ensure that there is a permanent reduction in the level of grazing on the land covered by a grazing permit or lease that has been voluntarily relinquished under subsection (a), the Secretary shall not allow grazing use to exceed the authorized level established under paragraph (1). (3) Partial relinquishment (A) In general If a person holding a valid grazing permit or lease voluntarily relinquishes less than the full level of grazing use authorized under the permit or lease, the Secretary concerned shall— (i) reduce the authorized grazing level to reflect the voluntarily relinquishment; and (ii) modify the grazing permit or lease to reflect the revised level of use. (B) Authorized level To ensure that there is a permanent reduction in the authorized level of grazing on the land covered by a permit or lease which has been voluntarily relinquished under subparagraph (A), the Secretary shall not allow grazing use to exceed the authorized level established under that subparagraph. (e) Annual report (1) In general The Secretary, in collaboration with the Secretary of Agriculture, shall prepare an annual report on the pilot program that assesses the activities undertaken under the pilot program during the preceding year, including the number and location of grazing permits and leases that were voluntarily relinquished during the preceding year. (2) Submission to congress The Secretary shall submit the annual report prepared under paragraph (1) to— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (f) Eligible states The authority of the Secretary and the Secretary of Agriculture to accept voluntary relinquishments in accordance with this section shall be limited to grazing allotments in the States of New Mexico and Oregon. . May 22, 2014 Reported with an amendment

Grazing Improvement Act

Ocmulgee Mounds National Historical Park Boundary Revision Act of 2014 - Redesignates the Ocmulgee National Monument in Georgia as the Ocmulgee Mounds National Historical Park. Adjusts the boundary of the Historical Park to include approximately 2,100 acres. Directs the Department of the Interior to conduct a special resource study of the Ocmulgee River corridor between the cities of Macon, Georgia, and Hawkinsville, Georgia, to determine: (1) the national significance of the study area; (2) the suitability and feasibility of adding land in the study area to the National Park System; and (3) the methods and means for the protection and interpretation of the study area by the National Park Service, other federal, state, or local government entities, or private or nonprofit organizations.

113 S2580 IS: Ocmulgee Mounds National Historical Park Boundary Revision Act of 2014 U.S. Senate 2014-07-10 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. 2580 IN THE SENATE OF THE UNITED STATES July 10, 2014 Mr. Isakson Mr. Chambliss Committee on Energy and Natural Resources A BILL To redesignate the Ocmulgee National Monument in the State of Georgia, to revise the boundary of that monument, and for other purposes. 1. Short title This Act may be cited as the Ocmulgee Mounds National Historical Park Boundary Revision Act of 2014 2. Definitions In this Act: (1) Historical Park The term Historical Park (2) Map The term map ___ ___ ____ (3) Secretary The term Secretary 3. Ocmulgee Mounds National Historical Park (a) Redesignation The Ocmulgee National Monument established pursuant to the Act of June 14, 1934 (48 Stat. 958, chapter 519), shall be known and designated as Ocmulgee Mounds National Historical Park (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to Ocmulgee National Monument Ocmulgee Mounds National Historical Park 4. Boundary adjustment (a) In general The boundary of the Historical Park is revised to include approximately 2,100 acres, as generally depicted on the map. (b) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. 5. Land acquisition (a) In general The Secretary may acquire land or interests in land within the boundary of the Historical Park by donation, purchase from a willing seller with donated or appropriated funds, or exchange. (b) Administration The Secretary shall administer any land acquired under subsection (a) as part of the Historical Park in accordance with applicable laws and regulations. 6. Ocmulgee River corridor special resource study (a) In general The Secretary shall conduct a special resource study of the Ocmulgee River corridor between the cities of Macon, Georgia, and Hawkinsville, Georgia, to determine— (1) the national significance of the study area; (2) the suitability and feasibility of adding land in the study area to the National Park System; and (3) the methods and means for the protection and interpretation of the study area by the National Park Service, other Federal, State, or local government entities, or private or nonprofit organizations. (b) Criteria The Secretary shall conduct the study under subsection (a) in accordance with section 8 of Public Law 91–383 ( 16 U.S.C. 1a–5 National Park System General Authorities Act (c) Report Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing— (1) the results of the study; and (2) any findings, conclusions, and recommendations of the Secretary.

Ocmulgee Mounds National Historical Park Boundary Revision Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Child Nicotine Poisoning Prevention Act of 2014 - Directs the Consumer Product Safety Commission (CPSC) to promulgate a rule requiring liquid nicotine containers to be designed with special packaging that is difficult for children under five years of age to open or to obtain harmful contents from.

113 S2581 IS: Child Nicotine Poisoning Prevention Act of 2014 U.S. Senate 2014-07-10 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. 2581 IN THE SENATE OF THE UNITED STATES July 10, 2014 Mr. Nelson Mr. Blumenthal Mrs. Boxer Mr. Brown Mr. Durbin Mr. Harkin Mr. Markey Mr. Merkley Mr. Pryor Mr. Schumer Mr. Bennet Committee on Commerce, Science, and Transportation A BILL To require the Consumer Product Safety Commission to promulgate a rule to require child safety packaging for liquid nicotine containers, and for other purposes. 1. Short title This Act may be cited as the Child Nicotine Poisoning Prevention Act of 2014 2. Child safety packaging for liquid nicotine containers (a) Definitions In this section: (1) Commission The term Commission (2) Liquid nicotine container The term liquid nicotine container (A) has an opening that is accessible through normal and reasonably foreseeable use by a consumer; and (B) is used to hold liquid containing nicotine in any concentration. (3) Nicotine The term nicotine (4) Special packaging The term special packaging (b) Required use of special packaging for liquid nicotine containers (1) Rulemaking (A) In general Notwithstanding section 3(a)(5)(B) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a)(5)(B) (B) Amendments The Commission may promulgate such amendments to the rule promulgated under subparagraph (A) as the Commission considers appropriate. (2) Expedited process The Commission shall promulgate the rules under paragraph (1) in accordance with section 553 of title 5, United States Code. (3) Inapplicability of certain rulemaking requirements The following provisions shall not apply to a rulemaking under paragraph (1): (A) Sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058). (B) Section 3 of the Federal Hazardous Substances Act ( 15 U.S.C. 1262 (C) Subsections (b) and (c) of section 3 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472). (4) Savings clause Nothing in this section shall be construed to limit or diminish the authority of the Food and Drug Administration to regulate the manufacture, marketing, sale, or distribution of liquid nicotine, liquid nicotine containers, electronic cigarettes, or similar products that contain or dispense liquid nicotine.

Child Nicotine Poisoning Prevention Act of 2014

Iran Human Rights Accountability Act of 2014 - Amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to expand the list of persons subject to sanctions for human rights abuses and other acts of violence and intimidation committed on behalf of the Iranian government. Amends the Iran Threat Reduction and Syria Human Rights Act of 2012 to expand the list of Iranian government officials and others (listed individuals) subject to U.S. entry restrictions because of their involvement in Iran's: (1) illicit nuclear activities or proliferation of weapons of mass destruction, (2) support for international terrorism, or (3) commission of serious human rights abuses. Subjects listed individuals to the blocking of property and property interests that are in the United States, come within the United States, or are in the possession or control of a U.S. person. States that entry restrictions shall not apply to the head of state of Iran or related staff if necessary to comply with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters. Directs the President to: (1) impose five or more sanctions against any person who knowingly sells, supplies, or transfers goods or services to a listed individual; and (2) prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by any foreign financial institution that has knowingly conducted or facilitated a significant financial transaction on behalf of a listed individual. Expresses the sense of Congress that: the United States should support Iranians who work to advance political, economic, and social reforms; Department of State programs to support reform in Iran have not resulted in a more democratic Iran; the government of Iran continues to play a pernicious role in the Middle East, undermining democratic consolidation in Iraq, supporting international terrorism through Hezbollah, and aiding the autocratic regime of Bashar al-Assad in Syria; the Secretary of State should directly support people working in Iran to implement Department programs; and oversight and implementation of Department programs to support reform in Iran should be under the direction of the Special Coordinator on Human Rights and Democracy in Iran, in consultation with the Assistant Secretary of State for Democracy, Human Rights, and Labor. Authorizes the Secretary through December 31, 2018, to provide assistance to qualifying individuals and entities working in Iran to promote the rule of law, civil society, and economic opportunity. Directs the President to designate within the Department a Special Coordinator on Human Rights and Democracy in Iran to oversee and coordinate activities relating to human rights, democracy, and political and religious freedoms in Iran. Requires that Radio Free Europe/Radio Liberty and the Voice of America (VOA) broadcasting to Iran: (1) increase programing services and emphasize analytical journalism provided by Iranian or pro-Iranian media outlets; (2) strengthen civil society by promoting democratic processes, respect for human rights, and freedom of the press and expression; and (3) establish fellowships for Iranian journalists who have fled the country to learn about free media. Expresses the sense of Congress that the United States should work with the European Union (EU) and other countries to explore the possibility of establishing a formal multilateral mechanism to advocate for human rights, democracy, and political and religious freedoms in Iran. Expresses the sense of Congress that: (1) the U.N. has a significant role to play in improving human rights in Iran, (2) the United States should support the work of the U.N. Special Rapporteur on the situation of human rights in Iran, and (3) the egregious human rights violations in Iran warrant country-specific attention and continued reporting by the Special Rapporteur. States that nothing in this Act shall be construed as a declaration of war or an authorization of the use of force.

113 S2585 IS: Iran Human Rights Accountability Act of 2014 U.S. Senate 2014-07-10 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. 2585 IN THE SENATE OF THE UNITED STATES July 10, 2014 Mr. Kirk Mr. Rubio Committee on Foreign Relations A BILL To impose additional sanctions with respect to Iran to protect against human rights abuses in Iran, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Iran Human Rights Accountability Act of 2014 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Expansion of list of persons involved in human rights abuses in Iran. Sec. 4. Identification of, and imposition of sanctions with respect to, certain Iranian individuals. Sec. 5. Imposition of sanctions with respect to persons who conduct transactions with or on behalf of certain Iranian individuals. Sec. 6. United States support for the people of Iran. Sec. 7. United States Special Coordinator on Human Rights and Democracy in Iran. Sec. 8. Broadcasting to Iran. Sec. 9. Sense of Congress on establishment of multilateral mechanism to promote human rights in Iran. Sec. 10. Sense of Congress on role of the United Nations in promoting human rights in Iran. Sec. 11. Rule of construction with respect to the use of force. 2. Findings Congress makes the following findings: (1) On February 21, 2014, the Office of the High Commissioner on Human Rights of the United Nations stated, with respect to Iran, We regret that the new government has not changed its approach to the death penalty and continues to impose capital punishment for a wide range of offences. We urge the government to immediately halt executions and to institute a moratorium. (2) Iran was rated as not free (3) On March 11, 2014, the Secretary General of the United Nations, Ban Ki-moon, stated that the new administration [in Iran] has not made any significant improvement in the promotion and protection of freedom of expression and opinion, despite pledges made by the President during his campaign and after is swearing-in (4) According to Freedom House, none of the elections held in Iran after the 1979 Islamic revolution have been regarded as free or fair. (5) According to the Committee to Protect Journalists, as of December 1, 2013, Iran was the second worst jailer of journalists worldwide after Turkey. Additionally, research of the Committee to Protect Journalists ranks Iran as first among countries where journalists have fled into exile between 2009 and 2014. (6) According to the international human rights organization, Iran Human Rights, executions in Iran soared to record-breaking levels in 2014. As of June 2014, more than 2 people were executed every day, and more than 320 executions took place in the first 5 months of 2014. (7) In August 2011, Amir Hekmati, a United States veteran, was unjustly detained while visiting his family in Iran and, as of June 2014, has remained in a prison in Iran for almost 3 years on false espionage charges. (8) On January 27, 2013, Saeed Abedini, a pastor from the United States, was sentenced to an 8-year prison term in Iran because of his Christian faith and has been incarcerated since September 26, 2012, despite serious health issues. (9) In March 2007, Robert Levinson, a former agent of the Federal Bureau of Investigation, disappeared in Iran during a business trip. Mr. Levinson is one of the longest held United States citizens in history. (10) The United States has designated Iran as a country of particular concern for religious freedom pursuant to section 402(b)(1) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(b)(1) (11) Members of the Baha’i Faith in Iran, estimated to number between 300,000 and 350,000, are not recognized as a religious minority in the Constitution of Iran, enjoy virtually no rights under the law, and are banned from practicing their faith. (12) On December 20, 2013, the United States Senate agreed to Senate Resolution 75, 113th Congress, condemning the Government of Iran for its state-sponsored persecution of its Baha'i minority and its continued violation of the International Covenants on Human Rights. (13) The United States is engaged in negotiations with the Government of Iran and the Russian Federation, the People's Republic of China, the United Kingdom, France, and Germany regarding Iran’s nuclear program, but the Government of Iran continues to systematically deny citizens of Iran basic fundamental freedoms. (14) Officials of the United States have stated that the human rights record of Iran is abysmal little meaningful improvement in human rights in Iran under the new government, including torture, political imprisonment, harassment of religious and ethnic minorities (15) The Government of Iran is party to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights and is in violation of its obligations under those Covenants. 3. Expansion of list of persons involved in human rights abuses in Iran (a) In general Section 105 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514) is amended— (1) in the section heading, by striking certain persons who are responsible for or complicit persons involved (2) in subsection (b)— (A) in the subsection heading, by striking Who are responsible for or complicit involved (B) by striking paragraph (1) and inserting the following: (1) In general Not later than 90 days after the date of the enactment of the Iran Human Rights Accountability Act of 2014 ; and (C) in paragraph (2)(A), by striking this Act the Iran Human Rights Accountability Act of 2014 (3) by adding at the end the following: (e) Inclusion of actions that violate Universal Declaration of Human Rights For purposes of subsection (b)(1), the term human rights abuses . (b) Clerical amendment The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by striking the item relating to section 105 and inserting the following: Sec. 105. Imposition of sanctions on persons involved in human rights abuses committed against citizens of Iran or their family members after the June 12, 2009, elections in Iran. . 4. Identification of, and imposition of sanctions with respect to, certain Iranian individuals (a) In general Section 221 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8727 221. Identification of, and imposition of sanctions with respect to, certain Iranian individuals (a) Identification of individuals Not later than 90 days after the date of the enactment of the Iran Human Rights Accountability Act of 2014 (b) Individuals described An individual described in this subsection is— (1) the Supreme Leader of Iran; (2) the President of Iran; (3) a current or former key official, manager, or director of an entity that may be owned or controlled by— (A) the Supreme Leader of Iran; (B) the Office of the Supreme Leader of Iran; (C) the President of Iran; (D) the Office of the President of Iran; (E) Iran’s Revolutionary Guard Corps; (F) the Basij-e Motaz’afin; (G) the Guardian Council; (H) the Ministry of Intelligence and Security of Iran; (I) the Atomic Energy Organization of Iran; (J) the Islamic Consultative Assembly of Iran; (K) the Assembly of Experts of Iran; (L) the Ministry of Defense and Armed Forces Logistics of Iran; (M) the Ministry of Justice of Iran; (N) the Ministry of Interior of Iran; (O) the prison system of Iran; (P) the judicial system of Iran, including the Islamic Revolutionary Courts; or (Q) any citizen of Iran included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury; (4) or senior adviser to an official or entity specified in any of subparagraphs (A) through (Q) of paragraph (3); (5) a citizen of Iran indicted in a foreign country for, or otherwise suspected of, participation in a terrorist attack; or (6) a family member of an individual described in any of paragraphs (1) through (4) who is not a United States person. (c) Exclusion from United States Except as provided in subsection (f), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who is on the list required by subsection (a). (d) Blocking of property Except as provided in subsection (f), the President shall block and prohibit all transactions in all property and interests in property of any individual who is on the list required by subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (e) Report Not later than 90 days after the date of the enactment of the Iran Human Rights Accountability Act of 2014 (f) Exceptions (1) In general The President may not include an individual on the list required by subsection (a) if the President determines that, during the 10-year period preceding the determination, the individual has not in any way engaged in, facilitated, or otherwise supported— (A) human rights abuses; (B) acts of international terrorism; or (C) the proliferation of weapons of mass destruction. (2) Compliance with United Nations Headquarters Agreement Subsection (c) shall not apply to the head of state of Iran, or necessary staff of that head of state, if admission to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States. (g) Waiver (1) In general The President may waive the application of subsection (a), (c), or (d) with respect to an individual for a period of 180 days, and may renew that waiver for additional periods of 180 days, if the President— (A) determines that the waiver is vital to the national security of the United States; and (B) not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver. (2) Form of report Each report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex. . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.) is amended by striking the item relating to section 221 and inserting the following: Sec. 221. Identification of, and imposition of sanctions with respect to, certain Iranian individuals. . 5. Imposition of sanctions with respect to persons who conduct transactions with or on behalf of certain Iranian individuals (a) In general Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is amended by inserting after section 221 the following: 221A. Imposition of sanctions with respect to persons who conduct transactions with or on behalf of certain Iranian individuals (a) Sale, supply, or transfer of goods and services The President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 ( Public Law 104–172 50 U.S.C. 1701 Iran Human Rights Accountability Act of 2014 (b) Facilitation of certain transactions The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by any foreign financial institution that the President determines has knowingly conducted or facilitated a significant financial transaction on behalf of an individual who is on the list required by section 221(a). (c) Waiver (1) In general The President may waive the application of subsection (a) or (b) with respect to a person for a period of 180 days, and may renew that waiver for additional periods of 180 days, if the President— (A) determines that the waiver is vital to the national security of the United States; and (B) not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver. (2) Form of report Each report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex. (d) Application of certain provisions of the iran sanctions act of 1996 The following provisions of the Iran Sanctions Act of 1996 ( Public Law 104–172 (1) Subsections (c), (d), and (f) of section 5. (2) Section 8. (3) Section 11. (4) Section 12. (5) Section 13(b). (e) Definitions In this Act: (1) Account; correspondent account; payable-through account The terms account correspondent account payable-through account section 5318A (2) Foreign financial institution The term foreign financial institution section 561.308 . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.) is amended by inserting after the item relating to section 221 the following: Sec. 221A. Imposition of sanctions with respect to persons who conduct transactions with or on behalf of certain Iranian individuals. . 6. United States support for the people of Iran (a) In general Subtitle B of title IV of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8751 et seq.) is amended by adding at the end the following: 416. United States support for the people of Iran (a) Policy of the United States It is the policy of the United States— (1) to support the efforts of the people of Iran to promote the establishment of basic freedoms in Iran; (2) to lay the foundation for the emergence of a freely elected, open, and democratic political system in Iran that is not a threat to its neighbors or to the United States and to work with all citizens of Iran who seek to establish such a political system; (3) to support the emergence of a government in Iran that does not oppress the people of Iran and does not persecute, intimidate, arrest, imprison, or execute dissidents or minorities; (4) to advocate on behalf of those in Iran persecuted for their religion or belief; (5) to assist the people of Iran to produce, access, and share information freely and safely through the Internet and other media; and (6) to defeat all attempts by the Government of Iran to jam or otherwise obstruct international satellite broadcast signals. (b) Sense of Congress It is the sense of Congress that— (1) the United States should support citizens of Iran that actively work to advance political, economic, and social reforms, including freedom of the press, freedom of assembly, freedom of religion, and representative government; (2) the President should use all available nonviolent means to support citizens of Iran that advocate for pluralistic, prosperous, and participatory societies; (3) programs of the Department of State to support reform in Iran have not resulted in a more democratic Iran; (4) the Government of Iran continues to play a pernicious role in the Middle East, undermining democratic consolidation in Iraq, supporting international terrorism through Hezbollah, and aiding the autocratic regime of Bashar al-Assad in Syria; (5) the Secretary of State should make every effort to deliver support directly to people working in Iran to implement programs carried out using assistance provided by the Department of State when possible and all possible means of delivering such assistance should be used; and (6) oversight, management, and implementation of programs of the Department of State to support reform in Iran should be under the direction of the Special Coordinator on Human Rights and Democracy in Iran established under section 7 of the Iran Human Rights Accountability Act of 2014 (c) Assistance To support reform in Iran (1) Assistance authorized Notwithstanding any other provision of law, the Secretary of State may provide assistance (including through the award of grants) to individuals and entities working in Iran for the purpose of supporting and promoting the rule of law, good governance, civil society, and economic opportunity in Iran. (2) Eligibility for assistance Assistance authorized under this subsection should be provided only to an individual or entity that— (A) officially opposes the use of violence and terrorism and has not been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 Iran Human Rights Accountability Act of 2014 (B) advocates the adherence by Iran to nonproliferation regimes for nuclear, chemical, and biological weapons and materiel; (C) is dedicated to democratic values and supports the adoption of a democratic form of government in Iran; (D) is dedicated to respect for human rights, including the fundamental equality of women; and (E) supports freedom of the press, freedom of speech, freedom of association, and freedom of religion. (3) Notification requirement Not later than 15 days before each obligation of assistance under this subsection, the Secretary of State shall notify the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 (4) Authorization of appropriations Of the amounts made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2346 et seq. (5) Termination The authority to provide assistance under this subsection shall expire on December 31, 2018. (d) Reports Not later than 60 days after the date of the enactment of the Iran Human Rights Accountability Act of 2014 (1) An identification of the actions the President has taken during the 180-day period preceding the submission of the report to advance each of the policies described in subsection (a). (2) A clear strategy for advancing political, economic, and social reform in Iran that includes benchmarks for success that lead to a set of identified discrete goals and objectives. (3) A plan to monitor and evaluate the effectiveness of the provision of assistance authorized under subsection (c), including measures of effectiveness. (4) The status of the programming of assistance under subsection (c). (5) An analysis of any past programming of assistance under subsection (c) and its effectiveness with respect to supporting and promoting the rule of law, good governance, civil society, and economic opportunity in Iran. . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 415 the following: Sec. 416. United States support for the people of Iran. . 7. United States Special Coordinator on Human Rights and Democracy in Iran (a) Designation The President shall designate within the Department of State a Special Coordinator on Human Rights and Democracy in Iran (in this section referred to as the Special Coordinator (b) Consultation and qualifications The Secretary shall consult with the chairmen and ranking members of the appropriate congressional committees before the designation of the Special Coordinator. The role of Special Coordinator should be filled by an official of the Department of State appointed by and serving at the pleasure of the President in a position not lower than Under Secretary on the day before the date of the enactment of this Act. (c) Duties The Special Coordinator shall carry out the following duties: (1) Coordinate the activities of the United States Government that promote human rights, democracy, political freedom, and religious freedom inside Iran. (2) Coordinate the activities of the United States Government that promote human rights, political freedom, and religious freedom for Iranian refugees and asylees living outside Iran. (3) Ensure the comprehensive investigation and designation of Iranian human rights abusers in accordance with section 105 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8514 (4) Coordinate the documentation and publicizing of political dissidents and cases of human rights abuse inside Iran. (5) Coordinate multilateral efforts to build international support for the promotion of human rights, democracy, political freedom, and religious freedom in Iran, including broadcasting, Internet access, and dissemination of information. (6) Encourage the United Nations, multilateral organizations, and human rights nongovernmental organizations to more robustly investigate and report on human rights abuses in Iran. (7) Encourage foreign governments to downgrade or sever diplomatic relations with the Government of Iran, enact economic sanctions, and assist Iranian dissidents in response to the continued violations of human rights by the Government of Iran. (8) Encourage foreign governments to expel Iran from international fora and organizations with a human rights component, including the United Nations Commission on the Status of Women, the United Nations Educational, Scientific and Cultural Organization, the United Nations Children's Fund, and the International Labour Organization. (9) Coordinate all programs funded under the Iran Freedom Support Act ( Public Law 109–293 (d) Authority (1) Coordination of activities The Special Coordinator shall coordinate all activities related to Iran carried out by the Bureau of Near Eastern Affairs, the Bureau of Democracy, Human Rights and Labor, and the Bureau of Population, Refugees and Migration of the Department of State, the Ambassador-at-Large for International Religious Freedom, the Special Envoy to Monitor and Combat Anti-Semitism, the United States Commission on International Religious Freedom, the National Endowment for Democracy, and the Broadcasting Board of Governors. (2) Coordination of use of funds The Special Coordinator shall coordinate and oversee the obligation and expenditure of funds related to human rights, democracy, Internet freedom, and broadcasting activities in Iran, including funds made available for such purposes to the Middle East Partnership Initiative, the United States Commission on International Religious Freedom, the Broader Middle East and North Africa Initiative, the Human Rights and Democracy Fund, and the Near Eastern Regional Democracy Fund. (e) Diplomatic representation Subject to the direction of the President and the Secretary of State, the Special Coordinator shall represent the United States in matters and cases relevant to the promotion of human rights, democracy, political freedom, and religious freedom in Iran in— (1) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations, the Organization for Security and Co-operation in Europe, and other international organizations of which the United States is a member; and (2) multilateral conferences and meetings relevant to the promotion of human rights, democracy, political freedom, and religious freedom in Iran. (f) Consultations The Special Coordinator shall consult with Congress, domestic and international nongovernmental organizations, labor organizations, and multilateral organizations and institutions as the Special Coordinator considers appropriate to fulfill the purposes of this section. (g) Funding From amounts made available for the Department of State for Near East Affairs in fiscal years before fiscal year 2015, the Secretary of State shall provide to the Special Coordinator such sums as may be necessary for fiscal year 2015 for the hiring of staff, for the conduct of investigations, and for necessary travel to carry out this section. (h) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. 8. Broadcasting to Iran (a) In general Radio Free Europe/Radio Liberty and the Voice of America services broadcasting to Iran shall— (1) provide news and information that is accessible, credible, comprehensive, and accurate; (2) emphasize investigative and analytical journalism provided by Iranian or pro-Iranian media outlets; and (3) strengthen civil society by promoting democratic processes, respect for human rights, and freedom of the press and expression. (b) Programming surge Radio Free Europe/Radio Liberty and Voice of America programming to Iran shall— (1) provide programming content 24 hours a day and 7 days a week to target populations using all available and effective distribution outlets, including at least 12 hours a day of original television and video content, not including live video streaming of breaking news; (2) create mobile platforms with an embedded proxy to offer the people of Iran the opportunity to securely listen to programming; (3) increase number of staffers based in the region to allow for more direct contact with the people of Iran; (4) expand the use, audience, and audience engagement of mobile news and multimedia platforms by the Voice of America and the Radio Farda service of Radio Free Europe/Radio Liberty, including through Internet-based social networking platforms; and (5) establish fellowships for Iranian journalists who have fled the country to learn about free, competitive media and be trained in surrogate reporting. (c) Authorization of appropriations There are authorized to be appropriated for fiscal year 2015, in addition to funds otherwise made available for such purposes, $10,000,000 to carry out Iran-focused programming by Radio Free Europe/Radio Liberty and the Voice of America, for the purpose of bolstering existing United States programming to the people of Iran and increasing programming capacity and jamming circumvention technology to overcome any disruptions to service. 9. Sense of Congress on establishment of multilateral mechanism to promote human rights in Iran It is the sense of Congress that the United States should work with the European Union and other countries with a common commitment to fundamental rights and freedoms to explore the possibility of establishing a formal multilateral mechanism to advocate for the promotion of human rights, democracy, political freedom, and religious freedom in Iran. 10. Sense of Congress on role of the United Nations in promoting human rights in Iran It is the sense of Congress that— (1) the United Nations has a significant role to play in promoting and improving human rights in Iran; (2) the United States should continue to support the work of the United Nations Special Rapporteur on the situation of human rights in the Islamic Republic of Iran; and (3) the egregious human rights violations in Iran warrant country-specific attention and continued reporting by the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, the Working Group on Arbitrary Detention, the Special Rapporteur on extrajudicial, summary, or arbitrary executions, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on freedom of religion or belief, and the Special Rapporteur on violence against women, its causes, and consequences, of the United Nations. 11. Rule of construction with respect to the use of force Nothing in this Act or the amendments made by this Act shall be construed as a declaration of war or an authorization of the use of force.

Iran Human Rights Accountability Act of 2014

Medicare Common Access Card Act of 2014 - Establishes a pilot program under title XVIII (Medicare) of the Social Security Act (SSA) in order to utilize smart card technology for Medicare beneficiary and provider identification cards. Amends SSA title XI to extend through FY2029 funding for the Center for Medicare and Medicaid Innovation.

113 S2586 IS: Medicare Common Access Card Act of 2014 U.S. Senate 2014-07-10 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. 2586 IN THE SENATE OF THE UNITED STATES July 10, 2014 Mr. Kirk Mr. Rubio Committee on Finance A BILL To establish a smart card pilot program under the Medicare program. 1. Short title This Act may be cited as the Medicare Common Access Card Act of 2014 2. Secure Medicare card pilot program (a) Pilot program implementation (Phase I (1) In general Not later than 18 months after the date of the enactment of this Act, the Secretary shall conduct a pilot program under title XVIII of the Social Security Act for the purpose of utilizing smart card technology for Medicare beneficiary and provider identification cards in order to— (A) increase the quality of care furnished to Medicare beneficiaries; (B) improve the accuracy and efficiency in the billing for Medicare items and services furnished by Medicare providers; (C) reduce the potential for identity theft and other unlawful use of Medicare beneficiary and provider identifying information; and (D) reduce waste, fraud, and abuse in the Medicare program. (2) Site requirements The Secretary shall conduct the pilot program in at least 5 geographic areas in which the Secretary determines there is a high risk for waste, fraud, or abuse. (3) Design of pilot program In designing the pilot program, the Secretary shall provide for the following: (A) Implementation of a system that utilizes a smart card as a Medicare identification card for Medicare beneficiaries and Medicare providers. Such a card shall contain appropriate security features and protect personal privacy. (B) Issuance of a new smart card to all Medicare beneficiaries participating in the pilot program. Such card shall not have the Social Security number printed on the front but, instead shall have such number stored securely on the smart card chip along with other information the Secretary deems necessary. (C) Issuance of a new provider card to all Medicare providers participating in the pilot program. Such card shall include a photograph of the provider and shall not have the Medicare provider number printed on the front of the card but, instead shall have such number stored securely on the smart card chip along with other information the Secretary deems necessary. (D) A process for enrollment of all Medicare providers that includes— (i) identity and certification verification; and (ii) utilization of biometric data, such as fingerprints, for provider identification and authentication. (E) A process under which the cards issued under subparagraphs (B) and (C) are used by both Medicare beneficiaries and Medicare providers to verify eligibility, prevent fraud, and authorize transactions. (F) Distribution of necessary equipment, including cards, card readers, kiosks, biometric readers, and other materials or documents to Medicare beneficiaries and providers at no cost to them. (G) Regular monitoring and review by the Secretary of Medicare providers’ Medicare billings and Medicare beneficiaries’ Medicare records in order to identify and address inaccurate charges and instances of waste, fraud, or abuse. (H) Reporting mechanisms for measuring the cost savings to the Medicare program by reason of the pilot program. (I) Include provisions— (i) to ensure that all devices and systems utilized as part of the pilot program comply with standards for identity credentials and biometric data developed by the American National Standards Institute and the National Institute of Standards and Technology and Federal requirements relating to interoperability and information security, including all requirements under the Health Insurance Portability and Accountability Act of 1996; (ii) to ensure that a Medicare beneficiary’s and provider’s personal identifying, health, and other information is protected from unauthorized access or disclosure through the use of at least two-factor authentication; (iii) for the development of procedures and guidelines for the use of identification cards, card readers, kiosks, biometric data and readers, and other equipment to verify a Medicare beneficiary’s identity and eligibility for services; (iv) to ensure that each Medicare beneficiary and provider participating in the pilot program is informed of— (I) the purpose of the program; (II) the processes for capturing, enrolling, and verifying their eligibility and, with respect to providers, their biometric data; (III) the manner in which the biometric data for providers will be used; and (IV) the steps that will be taken to protect personal identifying, health, and other information from unauthorized access and disclosure; (v) for addressing problems related to the loss, theft, or malfunction of or damage to equipment and any identifying documents or materials provided by the Secretary; (vi) for development of a hotline, Web site, or other means by which Medicare beneficiaries and providers can contact the Secretary for assistance; and (vii) for addressing problems related to accessing care outside the pilot area and cases where the individual faces issues related to physical or other capacity limitations. (4) Privacy Information on the smart card shall only be disclosed if the disclosure of such information is permitted under the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (5) Disclosure exemption Information on the smart card shall be exempt from disclosure under section 552(b)(3) (b) Expanded implementation (Phase II Taking into account the interim report under subsection (d)(2) the Secretary shall, through rulemaking, expand the duration and the scope of the pilot program, to the extent determined appropriate by the Secretary. (c) Waiver authority The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as the Secretary determines to be appropriate for the conduct of the pilot program. (d) Reports to Congress (1) Plan Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report that contains a description of the design and development of the pilot program, including the Secretary’s plan for implementation. (2) Interim report Not later than 1 year after the pilot program is first implemented, the Secretary shall conduct an evaluation of the pilot program and submit an interim report to Congress. Such an evaluation shall include an initial analysis of the deployment of the program, the usability of the card system, and the measures taken to protect beneficiary and provider information. (3) Additional report Not later than 2 years after the date that the pilot program is first implemented, the Secretary shall submit to Congress a report on the pilot program. Such report shall contain a detailed description of issues related to the expansion of the program under subsection (b) and recommendations for such legislation and administrative actions as the Secretary considers appropriate for implementation of the program on a nationwide basis. (e) Funding There are appropriated, from amounts in the Treasury not otherwise appropriated, $29,000,000 for the design, implementation, and evaluation of the pilot program. Amounts appropriated under the preceding sentence shall remain available until expended. (f) Definitions In this section: (1) Medicare beneficiary The term Medicare beneficiary (2) Medicare program The term Medicare program (3) Medicare provider The term Medicare provider 42 U.S.C. 1395x (4) Pilot program The term pilot program (5) Secretary The term Secretary (6) Smart card The term smart card 3. Revision of funding for the Center for Medicare and Medicaid Innovation Section 1115A(f) of the Social Security Act ( 42 U.S.C. 1315a(f) (1) In paragraph (1)— (A) in subparagraph (B), by striking and (B) by redesignating subparagraph (C) as subparagraph (D); (C) by inserting after subparagraph (B) the following new subparagraph: (C) $8,900,000,000 for the activities initiated under this section for the period of fiscal years 2020 through 2029; and ; and (D) in subparagraph (D), as redesignated by subparagraph (B) of this paragraph, by striking 2020 2030 (2) in paragraph (2), by striking and (C) , (C), and (D)

Medicare Common Access Card Act of 2014

Lawful Ivory Protection Act of 2014 - Amends the Endangered Species Act of 1973 to prohibit any regulation that goes in effect after February 24, 2014, from: prohibiting or restricting the possession, sale, delivery, receipt, shipping, or transportation of elephant ivory that has been lawfully imported; changing any methods of, or standards for, determining if ivory has been lawfully imported; or prohibiting or restricting the importation or possession of ivory that was lawfully importable or possessable on that date.

113 S2587 IS: Lawful Ivory Protection Act of 2014 U.S. Senate 2014-07-10 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. 2587 IN THE SENATE OF THE UNITED STATES July 10, 2014 Mr. Alexander Committee on Environment and Public Works A BILL To amend the Endangered Species Act of 1973 to protect and conserve species and the lawful possession of certain ivory in the United States, and for other purposes. 1. Short title This Act may be cited as the Lawful Ivory Protection Act of 2014 2. Amendment to Endangered Species Act of 1973 Section 11(f) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(f) (1) by inserting (1) (2) by adding at the end the following: (2) (A) Except as provided in this paragraph, regulations promulgated under paragraph (1), including policies, orders, or practices pursuant to such regulations, may not— (i) prohibit or restrict the possession, sale, delivery, receipt, shipping, or transportation, within the United States, of elephant ivory that has been lawfully imported into the United States; (ii) change any methods of, or standards for, determining if such ivory has been lawfully imported that were in effect on February 24, 2014, including any applicable presumptions and burdens of proof with respect to such determinations; (iii) prohibit or restrict the importation of such ivory that was lawfully importable into the United States on February 24, 2014; or (iv) prohibit or restrict the possession of such ivory that was lawfully possessable in the United States on February 24, 2014. (B) Subparagraph (A) does not apply to regulations, including policies, orders, or practices pursuant to such regulations, that were in effect on February 24, 2014. (C) Regulations promulgated under paragraph (1), including policies, orders, or practices pursuant to such regulations, that became effective during the period beginning on February 25, 2014, and ending on the date of enactment of this paragraph, shall be revised, as necessary, to comply with the requirements specified in subparagraph (A) for regulations promulgated after such date of enactment. .

Lawful Ivory Protection Act of 2014

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Cybersecurity Information Sharing Act of 2014 - (Sec. 3) Requires the Director of National Intelligence (DNI), the Secretary of Homeland Security (DHS), the Secretary of Defense (DOD), and the Attorney General (DOJ) to develop and promulgate procedures for classified and declassified cyber threat indicators in possession of the federal government to be shared in real time with private entities; non-federal government agencies; or state, tribal, or local governments. Provides for the public availability of unclassified indicators. Directs the DNI to submit such procedures to Congress within 60 days after enactment of this Act. (Sec. 4) Permits private entities to monitor and operate countermeasures to prevent or mitigate cybersecurity threats or security vulnerabilities on their own information systems and, with written consent, the information systems of other entities and federal entities. Authorizes such entities to monitor information that is stored on, processed by, or transiting such monitored systems. Allows entities to share and receive indicators and countermeasures with other entities or the federal government. Permits state, tribal, or local agencies to use shared indicators (with the consent of the agency sharing the indicators) to prevent, investigate, or prosecute computer crimes. Exempts from antitrust laws private entities that, for cybersecurity purposes, exchange or provide: (1) cyber threat indicators; or (2) assistance relating to the prevention, investigation, or mitigation of cybersecurity threats. Makes such exemption inapplicable to price-fixing, allocating a market between competitors, monopolizing or attempting to monopolize a market, boycotting, or exchanges of price or cost information, customer lists, or information regarding future competitive planning. (Sec. 5) Directs the Attorney General to promulgate procedures relating to the receipt of indicators and countermeasures by the federal government. Requires such procedures to include an audit capability and appropriate sanctions for federal officers, employees, or agents who conduct unauthorized activities. Requires the Attorney General to develop, and periodically review, privacy and civil liberties guidelines to limit receipt, retention, use, and dissemination of personal or identifying information. Directs the DHS Secretary to develop a process for the federal government to: (1) accept cyber threat indicators and countermeasures from entities in an electronic format; and (2) distribute such indicators and countermeasures to appropriate federal entities in real time, simultaneous with receipt. Requires the DHS Secretary to certify to Congress that such capability is fully operational before the process is implemented. Directs the DHS Secretary to ensure that there is public notice of, and access to, such sharing procedures. Requires the Federal Bureau of Investigation (FBI) and the DHS Secretary to report to Congress regarding implementation of an automated malware analysis capability, including an assessment of the advisability of transferring the operation of such capability to DHS. Requires cyber threat indicators and countermeasures shared with the federal government and threat indicators shared with state, tribal, or local agencies to be: (1) deemed voluntarily shared information, and (2) exempt from disclosure and withheld from the public under any laws of such jurisdictions requiring disclosure of information or records. Authorizes indicators and countermeasures to be disclosed to, retained by, and used by, consistent with otherwise applicable federal law, any federal agency or federal government agent solely for: (1) protecting an information system or information that is stored on, processed by, or transiting an information system from a cybersecurity threat or security vulnerability; (2) responding to, or otherwise preventing or mitigating, an imminent threat of death or serious bodily harm or threat to a minor; or (3) investigating or prosecuting an offense arising out of a threat of death or serious bodily harm, as well as offenses relating to fraud and identity theft, espionage and censorship, and trade secrets. Prohibits government agencies from using indicators and countermeasures provided to the federal government to regulate the lawful activities of an entity. (Sec. 6) Provides liability protections to entities acting in accordance with this Act that: (1) monitor information systems, and (2) share and receive indicators and countermeasures. Makes an entity's good faith reliance that conduct was permitted under this Act a complete defense to a cause of action based on such monitoring and sharing activities. (Sec. 7) Directs appropriate federal entities, at least every two years, to report to Congress concerning the implementation of this Act. Requires such reports to include: (1) an assessment of the impact on privacy and civil liberties; (2) a review of actions taken by the federal government based on shared cyber threat indicators, including the appropriateness of any federal entity's subsequent use or dissemination of such cyber threat indicators; and (3) a description of any significant violations by the federal government. Requires reports to Congress, at least every two years, by: (1) the Privacy and Civil Liberties Oversight Board; and (2) the DHS, Intelligence Community, DOJ, and DOD Inspectors General regarding shared indicators and countermeasures. (Sec. 8) Prohibits this Act from requiring an entity to provide information to the federal government. (Sec. 9) Directs the DNI to report to Congress regarding cybersecurity threats, including cyber attacks, theft, and data breaches. Requires such report to include: (1) an assessment of current U.S. intelligence sharing and cooperation relationships with other countries regarding cybersecurity threats that threaten the U.S. national security interests, economy, and intellectual property; (2) a list countries and non-state actors that are primary threats; (3) a description of the U.S. government's response and prevention capabilities; and (4) an assessment of additional technologies that would enhance U.S. capabilities, including private sector technologies that could be rapidly fielded to assist the intelligence community. (Sec. 10) Amends the National Defense Authorization Act for Fiscal Year 2013 to authorize the DOD Secretary to share with other federal entities information reported by a cleared defense contractor regarding a penetration of network or information systems.

113 S2588 PCS: Cybersecurity Information Sharing Act of 2014 U.S. Senate 2014-07-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 462 113th CONGRESS 2d Session S. 2588 IN THE SENATE OF THE UNITED STATES July 10, 2014 Mrs. Feinstein Select Committee on Intelligence A BILL To improve cybersecurity in the United States through enhanced sharing of information about cybersecurity threats, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Cybersecurity Information Sharing 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. Sharing of information by the Federal Government. Sec. 4. Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats. Sec. 5. Sharing of cyber threat indicators and countermeasures with the Federal Government. Sec. 6. Protection from liability. Sec. 7. Oversight of Government activities. Sec. 8. Construction and preemption. Sec. 9. Report on cybersecurity threats. Sec. 10. Conforming amendments. 2. Definitions In this Act: (1) Agency The term agency section 3502 (2) Antitrust laws The term antitrust laws (A) has the meaning given the term in section 1(a) of the Clayton Act ( 15 U.S.C. 12(a) (B) includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 (C) includes any State law that has the same intent and effect as the laws under subparagraphs (A) and (B). (3) Appropriate Federal entities The term appropriate Federal entities (A) The Department of Commerce. (B) The Department of Defense. (C) The Department of Energy. (D) The Department of Homeland Security. (E) The Department of Justice. (F) The Department of the Treasury. (G) The Office of the Director of National Intelligence. (4) Countermeasure The term countermeasure (5) Cybersecurity purpose The term cybersecurity purpose (6) Cybersecurity threat The term cybersecurity threat (7) Cyber threat indicator The term cyber threat indicator (A) malicious reconnaissance, including anomalous patterns of communications that appear to be transmitted for the purpose of gathering technical information related to a cybersecurity threat or security vulnerability; (B) a method of defeating a security control or exploitation of a security vulnerability; (C) a security vulnerability; (D) a method of causing a user with legitimate access to an information system or information that is stored on, processed by, or transiting an information system to unwittingly enable the defeat of a security control or exploitation of a security vulnerability; (E) malicious cyber command and control; (F) the actual or potential harm caused by an incident, including information exfiltrated when it is necessary in order to describe a cybersecurity threat; (G) any other attribute of a cybersecurity threat, if disclosure of such attribute is not otherwise prohibited by law; or (H) any combination thereof. (8) Electronic format (A) In general Except as provided in subparagraph (B), the term electronic format (B) Exclusion The term electronic format (9) Entity (A) In general The term entity (B) Inclusions The term entity (C) Exclusion The term entity 50 U.S.C. 1801 (10) Federal entity The term Federal entity (11) Information system The term information system (A) has the meaning given the term in section 3502 (B) includes industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers. (12) Local government The term local government (13) Malicious cyber command and control The term malicious cyber command and control (14) Malicious reconnaissance The term malicious reconnaissance (15) Monitor The term monitor (16) Private entity (A) In general The term private entity (B) Exclusion The term private entity 50 U.S.C. 1801 (17) Security control The term security control (18) Security vulnerability The term security vulnerability (19) Tribal The term tribal Indian tribe 25 U.S.C. 450b 3. Sharing of information by the Federal Government (a) In general Consistent with the protection of intelligence sources and methods and the protection of privacy and civil liberties, the Director of National Intelligence, the Secretary of Homeland Security, the Secretary of Defense, and the Attorney General, in consultation with the heads of the appropriate Federal entities, shall develop and promulgate procedures to facilitate and promote— (1) the timely sharing of classified cyber threat indicators in the possession of the Federal Government with cleared representatives of appropriate entities; (2) the timely sharing with appropriate entities of cyber threat indicators or information in the possession of the Federal Government that may be declassified and shared at an unclassified level; and (3) the sharing with appropriate entities, or, if appropriate, public availability, of unclassified, including controlled unclassified, cyber threat indicators in the possession of the Federal Government. (b) Development of procedures (1) In general The procedures developed and promulgated under subsection (a) shall— (A) ensure the Federal Government has and maintains the capability to share cyber threat indicators in real time consistent with the protection of classified information; and (B) incorporate, to the greatest extent possible, existing processes and existing roles and responsibilities of Federal and non-Federal entities for information sharing by the Federal Government, including sector specific information sharing and analysis centers. (2) Coordination In developing the procedures required under this section, the Director of National Intelligence, the Secretary of Homeland Security, and the Attorney General shall coordinate with appropriate Federal entities, including the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), to ensure that effective protocols are implemented that will facilitate and promote the sharing of cyber threat indicators by the Federal Government in a timely manner. (c) Submittal to Congress Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the heads of the appropriate Federal entities, shall submit to Congress the procedures required by subsection (a). 4. Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats (a) Authorization for monitoring (1) In general Notwithstanding any other provision of law, a private entity may, for cybersecurity purposes, monitor— (A) the information systems of such private entity; (B) the information systems of another entity, upon written consent of such other entity; (C) the information systems of a Federal entity, upon written consent of an authorized representative of the Federal entity; and (D) information that is stored on, processed by, or transiting the information systems monitored by the private entity under this paragraph. (2) Construction Nothing in this subsection shall be construed to authorize the monitoring of information systems other than as provided in this subsection or to limit otherwise lawful activity. (b) Authorization for operation of countermeasures (1) In general Notwithstanding any other provision of law, a private entity may, for cybersecurity purposes, operate countermeasures that are applied to— (A) the information systems of such private entity in order to protect the rights or property of the private entity; (B) the information systems of another entity upon written consent of such entity to protect the rights or property of such entity; and (C) the information systems of a Federal entity upon written consent of an authorized representative of such Federal entity to protect the rights or property of the Federal Government. (2) Construction Nothing in this subsection shall be construed to authorize the use of countermeasures other than as provided in this subsection or to limit otherwise lawful activity. (c) Authorization for sharing or receiving cyber threat indicators or countermeasures (1) In general Notwithstanding any other provision of law, and for the purposes permitted under this Act, an entity may, consistent with the protection of classified information, share with, or receive from, any other entity or the Federal Government cyber threat indicators and countermeasures. (2) Construction Nothing in this subsection shall be construed to authorize the sharing or receiving of cyber threat indicators or countermeasures other than as provided in this subsection or to limit otherwise lawful activity. (d) Protection and use of information (1) Security of information An entity or Federal entity monitoring information systems, operating countermeasures, or providing or receiving cyber threat indicators or countermeasures under this section shall implement and utilize security controls to protect against unauthorized access to or acquisition of such cyber threat indicators or countermeasures. (2) Removal of certain personal information An entity or Federal entity sharing cyber threat indicators pursuant to this Act shall, prior to such sharing, remove any information contained within such indicators that the entity or Federal entity knows at the time of sharing to be personal information of or identifying a specific person not directly related to a cybersecurity threat. (3) Use of cyber threat indicators and countermeasures by entities (A) In general Consistent with this Act, cyber threat indicators or countermeasures shared or received under this section may, for cybersecurity purposes— (i) be used by an entity to monitor or operate countermeasures on its information systems, or the information systems of another entity or a Federal entity upon the written consent of that other entity or that Federal entity; and (ii) be otherwise used, retained, and further shared by an entity. (B) Construction Nothing in this paragraph shall be construed to authorize the use of cyber threat indicators or countermeasures other than as provided in this section. (4) Use of cyber threat indicators by State, tribal, or local departments or agencies (A) Law enforcement use (i) Prior written consent Except as provided in clause (ii), cyber threat indicators shared with a State, tribal, or local department or agency under this section may, with the prior written consent of the entity sharing such indicators, be used by a State, tribal, or local department or agency for the purpose of preventing, investigating, or prosecuting a computer crime. (ii) Oral consent If the need for immediate use prevents obtaining written consent, such consent may be provided orally with subsequent documentation of the consent. (B) Exemption from disclosure Cyber threat indicators shared with a State, tribal, or local department or agency under this section shall be— (i) deemed voluntarily shared information; and (ii) exempt from disclosure under any State, tribal, or local law requiring disclosure of information or records. (C) State, tribal, and local regulatory authority (i) Authorization Cyber threat indicators shared with a State, tribal, or local department or agency under this section may, consistent with State regulatory authority specifically relating to the prevention or mitigation of cybersecurity threats to information systems, inform the development or implementation of regulations relating to such information systems. (ii) Limitation Such cyber threat indicators shall not otherwise be directly used by any State, tribal, or local department or agency to regulate the lawful activities of an entity. (e) Antitrust exemption (1) In general Except as provided in section 8(e), it shall not be considered a violation of any provision of antitrust laws for two or more private entities to exchange or provide cyber threat indicators, or assistance relating to the prevention, investigation, or mitigation of cybersecurity threats, for cybersecurity purposes under this Act. (2) Applicability Paragraph (1) shall apply only to information that is exchanged or assistance provided in order to assist with— (A) facilitating the prevention, investigation, or mitigation of cybersecurity threats to information systems or information that is stored on, processed by, or transiting an information system; or (B) communicating or disclosing cyber threat indicators to help prevent, investigate, or mitigate the effects of cybersecurity threats to information systems or information that is stored on, processed by, or transiting an information system. (f) No right or benefit The sharing of cyber threat indicators with an entity under this Act shall not create a right or benefit to similar information by such entity or any other entity. 5. Sharing of cyber threat indicators and countermeasures with the Federal Government (a) Requirement for policies and procedures (1) Interim policies and procedures Not later than 60 days after the date of the enactment of this Act, the Attorney General, in coordination with the heads of the appropriate Federal entities, shall develop, and submit to Congress, interim policies and procedures relating to the receipt of cyber threat indicators and countermeasures by the Federal Government. (2) Final policies and procedures Not later than 180 days after the date of the enactment of this Act, the Attorney General, in coordination with the heads of the appropriate Federal entities, shall promulgate final policies and procedures relating to the receipt of cyber threat indicators and countermeasures by the Federal Government. (3) Requirements concerning policies and procedures The policies and procedures developed and promulgated under this subsection shall— (A) ensure that cyber threat indicators shared with the Federal Government by any entity pursuant to section 4, and that are received through the process described in subsection (c)— (i) are shared in real time and simultaneous with such receipt with all of the appropriate Federal entities; (ii) are not subject to any delay, interference, or any other action that could impede real-time receipt by all of the appropriate Federal entities; and (iii) may be provided to other Federal entities; (B) ensure that cyber threat indicators shared with the Federal Government by any entity pursuant to section 4 in a manner other than the process described in subsection (c)— (i) are shared immediately with all of the appropriate Federal entities; (ii) are not subject to any unreasonable delay, interference, or any other action that could impede receipt by all of the appropriate Federal entities; and (iii) may be provided to other Federal entities; (C) govern, consistent with this Act, any other applicable laws, and the fair information practice principles set forth in appendix A of the document entitled National Strategy for Trusted Identities in Cyberspace (D) ensure there is an audit capability and appropriate sanctions in place for officers, employees, or agents of a Federal entity who knowingly and willfully conduct activities under this Act in an unauthorized manner. (b) Privacy and civil liberties (1) Guidelines of Attorney General The Attorney General shall, in coordination with the heads of the appropriate Federal agencies and in consultation with officers designated under section 1062 of the National Security Intelligence Reform Act of 2004 ( 42 U.S.C. 2000ee-1 (2) Content The guidelines developed and reviewed under paragraph (1) shall, consistent with the need to protect information systems from cybersecurity threats and mitigate cybersecurity threats— (A) limit the impact on privacy and civil liberties of activities by the Federal Government under this Act; (B) limit the receipt, retention, use, and dissemination of cyber threat indicators containing personal information of or identifying specific persons, including establishing— (i) a process for the timely destruction of information that is known not to be directly related to uses authorized under this Act; and (ii) specific limitations on the length of any period in which a cyber threat indicator may be retained; (C) include requirements to safeguard cyber threat indicators containing personal information of or identifying specific persons from unauthorized access or acquisition, including appropriate sanctions for activities by officers, employees, or agents of the Federal Government in contravention of such guidelines; (D) include procedures for notifying entities if information received pursuant to this section is known by a Federal entity receiving the information not to constitute a cyber threat indicator; and (E) protect the confidentiality of cyber threat indicators containing personal information of or identifying specific persons to the greatest extent practicable and require recipients to be informed that such indicators may only be used for purposes authorized under this Act. (c) Capability and process within the Department of Homeland Security (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the heads of the appropriate Federal entities, shall develop and implement a capability and process within the Department of Homeland Security that— (A) shall accept from any entity in real time cyber threat indicators and countermeasures in an electronic format, pursuant to this section; (B) shall, upon submittal of the certification under paragraph (2) that such capability and process fully and effectively operates as described in such paragraph, be the process by which the Federal Government receives cyber threat indicators and countermeasures under this Act in an electronic format that are shared by a private entity with the Federal Government except— (i) communications between a Federal entity and a private entity regarding a previously shared cyber threat indicator; (ii) voluntary or legally compelled participation in an open Federal investigation; (iii) information received through an automated malware analysis capability operated by the Federal Bureau of Investigation that is designed to ensure that information received through and analysis produced by such capability is also immediately shared through the capability and process developed by the Secretary of Homeland Security under this paragraph; (iv) communications with a Federal regulatory authority by regulated entities regarding a cybersecurity threat; and (v) cyber threat indicators or countermeasures shared with a Federal entity as part of a contractual or statutory requirement; (C) ensures that all of the appropriate Federal entities receive such cyber threat indicators in real time and simultaneous with receipt through the process within the Department of Homeland Security; and (D) is in compliance with the policies, procedures, and guidelines required by this section. (2) Certification Not later than 10 days prior to the implementation of the capability and process required by paragraph (1), the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities, certify to Congress whether such capability and process fully and effectively operates— (A) as the process by which the Federal Government receives from any entity cyber threat indicators and countermeasures in an electronic format under this Act; and (B) in accordance with the policies, procedures, and guidelines developed under this section. (3) Public notice and access The Secretary of Homeland Security shall ensure there is public notice of, and access to, the capability and process developed and implemented under paragraph (1) so that any entity may share cyber threat indicators and countermeasures through such process with the Federal Government and that all of the appropriate Federal entities receive such cyber threat indicators and countermeasures in real time and simultaneous with receipt through the process within the Department of Homeland Security. (4) Other Federal entities The process developed and implemented under paragraph (1) shall ensure that other Federal entities receive in a timely manner any cyber threat indicators and countermeasures shared with the Federal Government through the process created in this subsection. (5) Reports (A) Report on development and implementation (i) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report on the development and implementation of the capability and process required by paragraph (1), including a description of such capability and process and the public notice of, and access to, such process. (ii) Classified annex The report required by clause (i) shall be submitted in unclassified form, but may include a classified annex. (B) Report on automated malware analysis capability Not later than 1 year after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security shall submit to Congress a report on the implementation of the automated malware analysis capability described in paragraph (1)(B)(iii), including an assessment of the feasibility and advisability of transferring the administration and operation of such capability to the Department of Homeland Security. (d) Information shared with or provided to the Federal Government (1) No waiver of privilege or protection The provision of cyber threat indicators and countermeasures to the Federal Government under this Act shall not constitute a waiver of any applicable privilege or protection provided by law, including trade secret protection. (2) Proprietary information A cyber threat indicator or countermeasure provided by an entity to the Federal Government under this Act shall be considered the commercial, financial, and proprietary information of such entity when so designated by such entity. (3) Exemption from disclosure Cyber threat indicators and countermeasures provided to the Federal Government under this Act shall be— (A) deemed voluntarily shared information and exempt from disclosure under section 552 (B) withheld, without discretion, from the public under section 552(b)(3)(B) (4) Ex parte communications The provision of cyber threat indicators and countermeasures to the Federal Government under this Act shall not be subject to the rules of any Federal agency or department or any judicial doctrine regarding ex parte communications with a decisionmaking official. (5) Disclosure, retention, and use (A) Authorized activities Cyber threat indicators and countermeasures provided to the Federal Government under this Act may be disclosed to, retained by, and used by, consistent with otherwise applicable Federal law, any Federal agency or department, component, officer, employee, or agent of the Federal Government solely for— (i) a cybersecurity purpose; (ii) the purpose of responding to, or otherwise preventing or mitigating, an imminent threat of death or serious bodily harm; (iii) the purpose of responding to, or otherwise preventing or mitigating, a serious threat to a minor, including sexual exploitation and threats to physical safety; or (iv) the purpose of preventing, investigating, or prosecuting an offense arising out of a threat described in clause (ii) or any of the offenses listed in— (I) sections 1028 through 1030 of title 18, United States Code (relating to fraud and identity theft); (II) chapter 37 of such title (relating to espionage and censorship); and (III) chapter 90 of such title (relating to protection of trade secrets). (B) Prohibited activities Cyber threat indicators and countermeasures provided to the Federal Government under this Act shall not be disclosed to, retained by, or used by any Federal agency or department for any use not permitted under subparagraph (A). (C) Privacy and civil liberties Cyber threat indicators and countermeasures provided to the Federal Government under this Act shall be retained, used, and disseminated by the Federal Government— (i) in accordance with the policies, procedures, and guidelines required by subsections (a) and (b); (ii) in a manner that protects from unauthorized use or disclosure any cyber threat indicators that may contain personal information of or identifying specific persons; and (iii) in a manner that protects the confidentiality of cyber threat indicators containing information of, or that identifies, a specific person. (D) Federal regulatory authority (i) In general Cyber threat indicators and countermeasures provided to the Federal Government under this Act may, consistent with Federal or State regulatory authority specifically relating to the prevention or mitigation of cybersecurity threats to information systems, inform the development or implementation of regulations relating to such information systems. (ii) Limitation Cyber threat indicators and countermeasures provided to the Federal Government under this Act shall not be directly used by any Federal, State, tribal, or local government department or agency to regulate the lawful activities of an entity, including activities relating to monitoring, operation of countermeasures, or sharing of cyber threat indicators. (iii) Exception Procedures developed and implemented under this Act shall not be considered regulations within the meaning of this subparagraph. 6. Protection from liability (a) Monitoring of information systems No cause of action shall lie or be maintained in any court against any private entity, and such action shall be promptly dismissed, for the monitoring of information systems and information under subsection (a) of section 4 that is conducted in accordance with this Act. (b) Sharing or receipt of cyber threat indicators No cause of action shall lie or be maintained in any court against any entity, and such action shall be promptly dismissed, for the sharing or receipt of cyber threat indicators or countermeasures under subsection (c) of section 4 if— (1) such sharing or receipt is conducted in accordance with this Act; and (2) in a case in which a cyber threat indicator or countermeasure is shared with the Federal Government in an electronic format, the cyber threat indicator or countermeasure is shared in a manner that is consistent with section 5(c). (c) Good faith defense in certain causes of action If a cause of action is not otherwise dismissed or precluded under subsection (a) or (b), a good faith reliance by an entity that the conduct complained of was permitted under this Act shall be a complete defense against any action brought in any court against such entity. (d) Construction Nothing in this section shall be construed to require dismissal of a cause of action against an entity that has engaged in— (1) gross negligence or wilful misconduct in the course of conducting activities authorized by this Act; or (2) conduct that is otherwise not in compliance with the requirements of this Act. 7. Oversight of Government activities (a) Biennial report on implementation (1) In general Not later than 1 year after the date of the enactment of this Act, and not less frequently than once every 2 years thereafter, the heads of the appropriate Federal entities shall jointly submit to Congress a detailed report concerning the implementation of this Act. (2) Contents Each report submitted under paragraph (1) shall include the following: (A) An assessment of the sufficiency of the policies, procedures, and guidelines required by section 5 in ensuring that cyber threat indicators are shared effectively and responsibly within the Federal Government. (B) An evaluation of the effectiveness of real-time information sharing through the capability and process developed under section 5(c), including any impediments to such real-time sharing. (C) An assessment of the sufficiency of the procedures developed under section 3 in ensuring that cyber threat indicators in the possession of the Federal Government are shared in a timely and adequate manner with appropriate entities, or, if appropriate, are made publicly available. (D) An assessment of whether cyber threat indicators have been properly classified and an accounting of the number of security clearances authorized by the Federal Government for the purposes of this Act. (E) A review of the type of cyber threat indicators shared with the Federal Government under this Act, including— (i) the degree to which such information may impact the privacy and civil liberties of specific persons; (ii) a quantitative and qualitative assessment of the impact of the sharing of such cyber threat indicators with the Federal Government on privacy and civil liberties of specific persons; and (iii) the adequacy of any steps taken by the Federal Government to reduce such impact. (F) A review of actions taken by the Federal Government based on cyber threat indicators shared with the Federal Government under this Act, including the appropriateness of any subsequent use or dissemination of such cyber threat indicators by a Federal entity under section 5. (G) A description of any significant violations of the requirements of this Act by the Federal Government. (H) A classified summary of the number and type of entities that received classified cyber threat indicators from the Federal Government under this Act and an evaluation of the risks and benefits of sharing such cyber threat indicators. (3) Recommendations Each report submitted under paragraph (1) may include such recommendations as the heads of the appropriate Federal entities may have for improvements or modifications to the authorities and processes under this Act. (4) Form of report Each report required by paragraph (1) shall be submitted in unclassified form, but shall include a classified annex. (b) Reports on privacy and civil liberties (1) Biennial report from Privacy and Civil Liberties Oversight Board Not later than 2 years after the date of the enactment of this Act and not less frequently than once every 2 years thereafter, the Privacy and Civil Liberties Oversight Board shall submit to Congress and the President a report providing— (A) an assessment of the privacy and civil liberties impact of the type of activities carried out under this Act; and (B) an assessment of the sufficiency of the policies, procedures, and guidelines established pursuant to section 5 in addressing privacy and civil liberties concerns. (2) Biennial report of Inspectors general (A) In general Not later than 2 years after the date of the enactment of this Act and not less frequently than once every 2 years thereafter, the Inspector General of the Department of Homeland Security, the Inspector General of the Intelligence Community, the Inspector General of the Department of Justice, and the Inspector General of the Department of Defense shall jointly submit to Congress a report on the receipt, use, and dissemination of cyber threat indicators and countermeasures that have been shared with Federal entities under this Act. (B) Contents Each report submitted under subparagraph (A) shall include the following: (i) A review of the types of cyber threat indicators shared with Federal entities. (ii) A review of the actions taken by Federal entities as a result of the receipt of such cyber threat indicators. (iii) A list of Federal entities receiving such cyber threat indicators. (iv) A review of the sharing of such cyber threat indicators among Federal entities to identify inappropriate barriers to sharing information. (3) Recommendations Each report submitted under this subsection may include such recommendations as the Privacy and Civil Liberties Oversight Board, with respect to a report submitted under paragraph (1), or the Inspectors General referred to in paragraph (2)(A), with respect to a report submitted under paragraph (2), may have for improvements or modifications to the authorities under this Act. (4) Form Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex. 8. Construction and preemption (a) Otherwise lawful disclosures Nothing in this Act shall be construed to limit or prohibit otherwise lawful disclosures of communications, records, or other information, including reporting of known or suspected criminal activity, by an entity to any other entity or the Federal Government under this Act. (b) Whistleblower protections Nothing in this Act shall be construed to preempt any employee from exercising rights currently provided under any whistleblower law, rule, or regulation. (c) Protection of sources and methods Nothing in this Act shall be construed— (1) as creating any immunity against, or otherwise affecting, any action brought by the Federal Government, or any agency or department thereof, to enforce any law, executive order, or procedure governing the appropriate handling, disclosure, or use of classified information; (2) to impact the conduct of authorized law enforcement or intelligence activities; or (3) to modify the authority of a department or agency of the Federal Government to protect sources and methods and the national security of the United States. (d) Relationship to other laws Nothing in this Act shall be construed to affect any requirement under any other provision of law for an entity to provide information to the Federal Government. (e) Prohibited conduct Nothing in this Act shall be construed to permit price-fixing, allocating a market between competitors, monopolizing or attempting to monopolize a market, boycotting, or exchanges of price or cost information, customer lists, or information regarding future competitive planning. (f) Information sharing relationships Nothing in this Act shall be construed— (1) to limit or modify an existing information sharing relationship; (2) to prohibit a new information sharing relationship; (3) to require a new information sharing relationship between any entity and the Federal Government; (4) to require the use of the capability and process within the Department of Homeland Security developed under section 5(c); or (5) to amend, repeal, or supersede any current or future contractual agreement, terms of service agreement, or other contractual relationship between any entities, or between any entity and the Federal Government. (g) Anti-tasking restriction Nothing in this Act shall be construed to permit the Federal Government— (1) to require an entity to provide information to the Federal Government; or (2) to condition the sharing of cyber threat indicators with an entity on such entity’s provision of cyber threat indicators to the Federal Government. (h) No liability for non-participation Nothing in this Act shall be construed to subject any entity to liability for choosing not to engage in the voluntary activities authorized in this Act. (i) Use and retention of information Nothing in this Act shall be construed to authorize, or to modify any existing authority of, a department or agency of the Federal Government to retain or use any information shared under this Act for any use other than permitted in this Act. (j) Federal preemption (1) In general This Act supersedes any statute or other law of a State or political subdivision of a State that restricts or otherwise expressly regulates an activity authorized under this Act. (2) State law enforcement Nothing in this Act shall be construed to supersede any statute or other law of a State or political subdivision of a State concerning the use of authorized law enforcement practices and procedures. (k) Regulatory authority Nothing in this Act shall be construed— (1) to authorize the promulgation of any regulations not specifically authorized by this Act; (2) to establish any regulatory authority not specifically established under Act; or (3) to authorize regulatory actions that would duplicate or conflict with regulatory requirements, mandatory standards, or related processes under Federal law. 9. Report on cybersecurity threats (a) Requirement for report Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of other appropriate elements of the intelligence community, shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report on cybersecurity threats, including cyber attacks, theft, and data breaches. Such report shall include the following: (1) An assessment of the current intelligence sharing and cooperation relationships of the United States with other countries regarding cybersecurity threats, including cyber attacks, theft, and data breaches, directed against the United States and which threaten the United States national security interests and economy and intellectual property, specifically identifying the relative utility of such relationships, which elements of the intelligence community participate in such relationships, and whether and how such relationships could be improved. (2) A list and an assessment of the countries and non-state actors that are the primary threats of carrying out a cybersecurity threat, including a cyber attack, theft, or data breach, against the United States and which threaten the United States national security, economy, and intellectual property. (3) A description of the extent to which the capabilities of the United States Government to respond to or prevent cybersecurity threats, including cyber attacks, theft, or data breaches, directed against the United States private sector are degraded by a delay in the prompt notification by private entities of such threats or cyber attacks, theft, and breaches. (4) An assessment of additional technologies or capabilities that would enhance the ability of the United States to prevent and to respond to cybersecurity threats, including cyber attacks, theft, and data breaches. (5) An assessment of any technologies or practices utilized by the private sector that could be rapidly fielded to assist the intelligence community in preventing and responding to cybersecurity threats. (b) Intelligence community defined In this section, the term intelligence community (c) Form of report The report required by subsection (a) shall be made available in classified and unclassified forms. 10. Conforming amendments (a) Public information Section 552(b) (1) in paragraph (8), by striking or (2) in paragraph (9), by striking wells. wells; or (3) by adding at the end the following: (10) information shared with or provided to the Federal Government pursuant to the Cybersecurity Information Sharing Act of 2014 . (b) Modification of limitation on dissemination of certain information concerning penetrations of defense contractor networks Section 941(c)(3) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) is amended by inserting at the end the following: The Secretary may share such information with other Federal entities if such information consists of cyber threat indicators and countermeasures and such information is shared consistent with the policies and procedures promulgated by the Attorney General under section 5 of the Cybersecurity Information Sharing Act of 2014 July 10, 2014 Read twice and placed on the calendar

Cybersecurity Information Sharing Act of 2014

Protecting Employees and Retirees in Business Bankruptcies Act of 2014 - Amends federal bankruptcy law governing expenses and claims to increase to $20,000: (1) allowed unsecured claims in the fourth order of priority (wages, salaries, or commissions), and (2) the factor multiplied by the number of employees covered with respect to employee benefit plan contributions in the fifth order of priority. Includes within the scope of a claim in bankruptcy certain equity securities held in a defined contribution plan for the benefit of certain individuals, but only if an employer or plan sponsor who has commenced a case in bankruptcy has committed fraud regarding the plan or has otherwise breached a duty to the participant that has proximately caused the loss of value. Allows as an administrative expense of the estate: (1) severance pay owed to certain employees of the debtor for layoff or termination (which pay shall be deemed earned in full), and (2) damages as a result of violation of law by the debtor. Includes among prerequisites for confirmation of a business reorganization bankruptcy plan (Chapter 11) provision for: (1) recovery of damages payable for the rejection of a collective bargaining agreement, or other financial returns as negotiated by the debtor and the authorized representative; (2) continued payment of retiree benefits maintained or established by the debtor before the petition filing date if no modifications are made before confirmation of the plan; and (3) recovery of claims arising from the modification of retiree benefits or for certain financial returns, as negotiated by the debtor and the authorized representative. Revises requirements governing: (1) rejection of collective bargaining agreements; (2) payment of insurance benefits to retired employees, including benefit modifications proposed by the trustee; and (3) a trustee's administrative power to dispose of property. Requires the court, in approving a sale of business assets, to consider the extent to which a bidder has offered to maintain existing jobs, preserve terms and conditions of employment, and assume or match pension and retiree health benefit obligations in determining whether an offer constitutes the highest or best offer for such property. Requires the bankruptcy court to allow certain claims asserted by an active or retired participant, or by a labor organization representing such participant, for any shortfall in pension benefits accrued as a result of the termination of the plan and limitations upon the payment of certain statutory benefits. States that, if employees have not received wages and benefits for services rendered on and after the date of the commencement of the case in bankruptcy, such unpaid obligations shall be deemed necessary costs and expenses of preserving, or disposing of, property securing an allowed secured claim and shall be recovered even if the trustee has otherwise waived certain provisions under an agreement with the holder of the allowed secured claim. Allows reduction of a debtor's time frame for filing a Chapter 11 bankruptcy plan in the event of: (1) the filing of a motion seeking rejection of a collective bargaining agreement if a plan based upon an alternative proposal by the labor organization is reasonably likely to be confirmed within a reasonable time; or (2) the proposed filing of a plan by a proponent other than the debtor, which incorporates the terms of a settlement with a labor organization, if such plan is reasonably likely to be confirmed within a reasonable time. Modifies requirements for confirmation of a Chapter 11 bankruptcy plan to prohibit approval of: (1) payments or other distributions for the benefit of insiders, senior executive officers, and certain highly compensated employees or consultants providing services to the debtor, except as part of those generally applicable to the debtor's employees if the court determines that such payments are not excessive or disproportionate compared to distributions to the debtor's nonmanagement workforce; and (2) insider compensation unless approved by the court as reasonable according to specified criteria. Restricts: (1) certain executive compensation enhancements as part of the allowance of administrative expenses; (2) trustee assumption of certain deferred compensation arrangements for the benefit of insiders, senior executive officers, or certain highly compensated employees of the debtor; and (3) trustee assumption of retiree benefits for insiders, senior executive officers, or certain highly compensated employees of the debtor if the debtor has obtained relief to impose reductions in retiree benefits, or health benefits of active employees of the debtor, or has reduced or eliminated health benefits for active or retired employees within 180 days before the date of the commencement of the case. Allows as an administrative expense of a debtor's estate, with respect to withdrawal liability owed to a multiemployer pension plan for a complete or partial withdrawal under the Employee Retirement Income Security Act of 1974 (ERISA), an amount equal to the amount of vested benefits payable from the plan that accrued as a result of employees' services rendered to the debtor during the period between the commencement of the case and the date of the withdrawal from the plan. Requires the court, where a debtor has obtained relief by which it reduces the cost of its obligations under a collective bargaining agreement or a retiree plan, fund, or program of retiree benefits, to determine before granting relief the percentage diminution in the value of the obligations when compared to the debtor's obligations under the collective bargaining agreement, or with respect to retiree benefits. Authorizes the trustee in bankruptcy to avoid a transfer made or incurred, on or within one year before the filing of the petition for relief, in anticipation of bankruptcy to or for the benefit of an insider, including certain consultants who were formerly insiders and who are retained to provide services to an entity that becomes a debtor. Grants a labor organization creditor status for purposes of filing a proof of claim. Declares that the filing of a petition for relief does not operate as an automatic stay of the commencement or continuation of a dispute resolution proceeding established by a collective bargaining agreement that was or could have been commenced against the debtor before the filing of a petition, including payment or enforcement of an award or settlement under such proceeding.

113 S2589 IS: Protecting Employees and Retirees in Business Bankruptcies Act of 2014 U.S. Senate 2014-07-10 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. 2589 IN THE SENATE OF THE UNITED STATES July 10, 2014 Mr. Durbin Mr. Harkin Mr. Whitehouse Mr. Brown Mr. Franken Committee on the Judiciary A BILL To amend title 11, United States Code, to improve protections for employees and retirees in business bankruptcies. 1. Short title; table of contents (a) Short title This Act may be cited as the Protecting Employees and Retirees in Business Bankruptcies Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Improving Recoveries for Employees and Retirees Sec. 101. Increased wage priority. Sec. 102. Claim for stock value losses in defined contribution plans. Sec. 103. Priority for severance pay. Sec. 104. Financial returns for employees and retirees. Sec. 105. Priority for WARN Act damages. TITLE II—Reducing Employees’ and Retirees’ Losses Sec. 201. Rejection of collective bargaining agreements. Sec. 202. Payment of insurance benefits to retired employees. Sec. 203. Protection of employee benefits in a sale of assets. Sec. 204. Claim for pension losses. Sec. 205. Payments by secured lender. Sec. 206. Preservation of jobs and benefits. Sec. 207. Termination of exclusivity. Sec. 208. Claim for withdrawal liability. TITLE III—Restricting Executive Compensation Programs Sec. 301. Executive compensation upon exit from bankruptcy. Sec. 302. Limitations on executive compensation enhancements. Sec. 303. Assumption of executive benefit plans. Sec. 304. Recovery of executive compensation. Sec. 305. Preferential compensation transfer. TITLE IV—Other Provisions Sec. 401. Union proof of claim. Sec. 402. Exception from automatic stay. 2. Findings The Congress finds the following: (1) Business bankruptcies have increased sharply in recent years and remain at high levels. These bankruptcies include several of the largest business bankruptcy filings in history. As the use of bankruptcy has expanded, job preservation and retirement security are placed at greater risk. (2) Laws enacted to improve recoveries for employees and retirees and limit their losses in bankruptcy cases have not kept pace with the increasing and broader use of bankruptcy by businesses in all sectors of the economy. However, while protections for employees and retirees in bankruptcy cases have eroded, management compensation plans devised for those in charge of troubled businesses have become more prevalent and are escaping adequate scrutiny. (3) Changes in the law regarding these matters are urgently needed as bankruptcy is used to address increasingly more complex and diverse conditions affecting troubled businesses and industries. I Improving Recoveries for Employees and Retirees 101. Increased wage priority Section 507(a) (1) in paragraph (4)— (A) by striking $10,000 $20,000 (B) by striking within 180 days (C) by striking or the date of the cessation of the debtor’s business, whichever occurs first, (2) in paragraph (5)(A), by striking— (A) within 180 days (B) or the date of the cessation of the debtor’s business, whichever occurs first (3) in paragraph (5), by striking subparagraph (B) and inserting the following: (B) for each such plan, to the extent of the number of employees covered by each such plan, multiplied by $20,000. . 102. Claim for stock value losses in defined contribution plans Section 101(5) of title 11, United States Code, is amended— (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) right or interest in equity securities of the debtor, or an affiliate of the debtor, held in a defined contribution plan (within the meaning of section 3(34) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(34) section 402(g) . 103. Priority for severance pay Section 503(b) (1) in paragraph (8), by striking and (2) in paragraph (9), by striking the period and inserting a semicolon; and (3) by adding at the end the following: (10) severance pay owed to employees of the debtor (other than to an insider, other senior management, or a consultant retained to provide services to the debtor), under a plan, program, or policy generally applicable to employees of the debtor (but not under an individual contract of employment), or owed pursuant to a collective bargaining agreement, for layoff or termination on or after the date of the filing of the petition, which pay shall be deemed earned in full upon such layoff or termination of employment; and . 104. Financial returns for employees and retirees Section 1129(a) of title 11, United States Code is amended— (1) by adding at the end the following: (17) The plan provides for recovery of damages payable for the rejection of a collective bargaining agreement, or for other financial returns as negotiated by the debtor and the authorized representative under section 1113 (to the extent that such returns are paid under, rather than outside of, a plan). ; and (2) by striking paragraph (13) and inserting the following: (13) With respect to retiree benefits, as that term is defined in section 1114(a), the plan— (A) provides for the continuation after its effective date of payment of all retiree benefits at the level established pursuant to subsection (e)(1)(B) or (g) of section 1114 at any time before the date of confirmation of the plan, for the duration of the period for which the debtor has obligated itself to provide such benefits, or if no modifications are made before confirmation of the plan, the continuation of all such retiree benefits maintained or established in whole or in part by the debtor before the date of the filing of the petition; and (B) provides for recovery of claims arising from the modification of retiree benefits or for other financial returns, as negotiated by the debtor and the authorized representative (to the extent that such returns are paid under, rather than outside of, a plan). . 105. Priority for WARN Act damages Section 503(b)(1)(A)(ii) (ii) wages and benefits awarded pursuant to a judicial proceeding or a proceeding of the National Labor Relations Board as back pay or damages attributable to any period of time occurring after the date of commencement of the case under this title, as a result of a violation of Federal or State law by the debtor, without regard to the time of the occurrence of unlawful conduct on which the award is based or to whether any services were rendered on or after the commencement of the case, including an award by a court under section 2901 . II Reducing Employees’ and Retirees’ Losses 201. Rejection of collective bargaining agreements Section 1113 of title 11, United States Code, is amended by striking subsections (a) through (f) and inserting the following: (a) The debtor in possession, or the trustee if one has been appointed under this chapter, other than a trustee in a case covered by subchapter IV of this chapter and by title I of the Railway Labor Act, may reject a collective bargaining agreement only in accordance with this section. In this section, a reference to the trustee includes the debtor in possession. (b) No provision of this title shall be construed to permit the trustee to unilaterally terminate or alter any provision of a collective bargaining agreement before complying with this section. The trustee shall timely pay all monetary obligations arising under the terms of the collective bargaining agreement. Any such payment required to be made before a plan confirmed under section 1129 is effective has the status of an allowed administrative expense under section 503. (c) (1) If the trustee seeks modification of a collective bargaining agreement, the trustee shall provide notice to the labor organization representing the employees covered by the agreement that modifications are being proposed under this section, and shall promptly provide an initial proposal for modifications to the agreement. Thereafter, the trustee shall confer in good faith with the labor organization, at reasonable times and for a reasonable period in light of the complexity of the case, in attempting to reach mutually acceptable modifications of such agreement. (2) The initial proposal and subsequent proposals by the trustee for modification of a collective bargaining agreement shall be based upon a business plan for the reorganization of the debtor, and shall reflect the most complete and reliable information available. The trustee shall provide to the labor organization all information that is relevant for negotiations. The court may enter a protective order to prevent the disclosure of information if disclosure could compromise the debtor’s position with respect to its competitors in the industry, subject to the needs of the labor organization to evaluate the trustee’s proposals and any application for rejection of the agreement or for interim relief pursuant to this section. (3) In consideration of Federal policy encouraging the practice and process of collective bargaining and in recognition of the bargained-for expectations of the employees covered by the agreement, modifications proposed by the trustee— (A) shall be proposed only as part of a program of workforce and nonworkforce cost savings devised for the reorganization of the debtor, including savings in management personnel costs; (B) shall be limited to modifications designed to achieve a specified aggregate financial contribution for the employees covered by the agreement (taking into consideration any labor cost savings negotiated within the 12-month period before the filing of the petition), and shall be not more than the minimum savings essential to permit the debtor to exit bankruptcy, such that confirmation of a plan of reorganization is not likely to be followed by the liquidation, or the need for further financial reorganization, of the debtor (or any successor to the debtor) in the short term; and (C) shall not be disproportionate or overly burden the employees covered by the agreement, either in the amount of the cost savings sought from such employees or the nature of the modifications. (d) (1) If, after a period of negotiations, the trustee and the labor organization have not reached an agreement over mutually satisfactory modifications, and further negotiations are not likely to produce mutually satisfactory modifications, the trustee may file a motion seeking rejection of the collective bargaining agreement after notice and a hearing. Absent agreement of the parties, no such hearing shall be held before the expiration of the 21-day period beginning on the date on which notice of the hearing is provided to the labor organization representing the employees covered by the agreement. Only the debtor and the labor organization may appear and be heard at such hearing. An application for rejection shall seek rejection effective upon the entry of an order granting the relief. (2) In consideration of Federal policy encouraging the practice and process of collective bargaining and in recognition of the bargained-for expectations of the employees covered by the agreement, the court may grant a motion seeking rejection of a collective bargaining agreement only if, based on clear and convincing evidence— (A) the court finds that the trustee has complied with the requirements of subsection (c); (B) the court has considered alternative proposals by the labor organization and has concluded that such proposals do not meet the requirements of paragraph (3)(B) of subsection (c); (C) the court finds that further negotiations regarding the trustee’s proposal or an alternative proposal by the labor organization are not likely to produce an agreement; (D) the court finds that implementation of the trustee’s proposal shall not— (i) cause a material diminution in the purchasing power of the employees covered by the agreement; (ii) adversely affect the ability of the debtor to retain an experienced and qualified workforce; or (iii) impair the debtor’s labor relations such that the ability to achieve a feasible reorganization would be compromised; and (E) the court concludes that rejection of the agreement and immediate implementation of the trustee’s proposal is essential to permit the debtor to exit bankruptcy, such that confirmation of a plan of reorganization is not likely to be followed by liquidation, or the need for further financial reorganization, of the debtor (or any successor to the debtor) in the short term. (3) If the trustee has implemented a program of incentive pay, bonuses, or other financial returns for insiders, senior executive officers, or the 20 next most highly compensated employees or consultants providing services to the debtor during the bankruptcy, or such a program was implemented within 180 days before the date of the filing of the petition, the court shall presume that the trustee has failed to satisfy the requirements of subsection (c)(3)(C). (4) In no case shall the court enter an order rejecting a collective bargaining agreement that would result in modifications to a level lower than the level proposed by the trustee in the proposal found by the court to have complied with the requirements of this section. (5) At any time after the date on which an order rejecting a collective bargaining agreement is entered, or in the case of an agreement entered into between the trustee and the labor organization providing mutually satisfactory modifications, at any time after such agreement has been entered into, the labor organization may apply to the court for an order seeking an increase in the level of wages or benefits, or relief from working conditions, based upon changed circumstances. The court shall grant the request only if the increase or other relief is not inconsistent with the standard set forth in paragraph (2)(E). (e) During a period in which a collective bargaining agreement at issue under this section continues in effect, and if essential to the continuation of the debtor’s business or in order to avoid irreparable damage to the estate, the court, after notice and a hearing, may authorize the trustee to implement interim changes in the terms, conditions, wages, benefits, or work rules provided by the collective bargaining agreement. Any hearing under this subsection shall be scheduled in accordance with the needs of the trustee. The implementation of such interim changes shall not render the application for rejection moot. (f) (1) Rejection of a collective bargaining agreement constitutes a breach of the agreement, and shall be effective no earlier than the entry of an order granting such relief. (2) Notwithstanding paragraph (1), solely for purposes of determining and allowing a claim arising from the rejection of a collective bargaining agreement, rejection shall be treated as rejection of an executory contract under section 365(g) and shall be allowed or disallowed in accordance with section 502(g)(1). No claim for rejection damages shall be limited by section 502(b)(7). Economic self-help by a labor organization shall be permitted upon a court order granting a motion to reject a collective bargaining agreement under subsection (d) or pursuant to subsection (e), and no provision of this title or of any other provision of Federal or State law may be construed to the contrary. (g) The trustee shall provide for the reasonable fees and costs incurred by a labor organization under this section, upon request and after notice and a hearing. (h) A collective bargaining agreement that is assumed shall be assumed in accordance with section 365. . 202. Payment of insurance benefits to retired employees Section 1114 of title 11, United States Code, is amended— (1) in subsection (a), by inserting , without regard to whether the debtor asserts a right to unilaterally modify such payments under such plan, fund, or program (2) in subsection (b)(2), by inserting after section , and a labor organization serving as the authorized representative under subsection (c)(1), (3) by striking subsection (f) and inserting the following: (f) (1) If a trustee seeks modification of retiree benefits, the trustee shall provide a notice to the authorized representative that modifications are being proposed pursuant to this section, and shall promptly provide an initial proposal. Thereafter, the trustee shall confer in good faith with the authorized representative at reasonable times and for a reasonable period in light of the complexity of the case in attempting to reach mutually satisfactory modifications. (2) The initial proposal and subsequent proposals by the trustee shall be based upon a business plan for the reorganization of the debtor and shall reflect the most complete and reliable information available. The trustee shall provide to the authorized representative all information that is relevant for the negotiations. The court may enter a protective order to prevent the disclosure of information if disclosure could compromise the debtor’s position with respect to its competitors in the industry, subject to the needs of the authorized representative to evaluate the trustee’s proposals and an application pursuant to subsection (g) or (h). (3) Modifications proposed by the trustee— (A) shall be proposed only as part of a program of workforce and nonworkforce cost savings devised for the reorganization of the debtor, including savings in management personnel costs; (B) shall be limited to modifications that are designed to achieve a specified aggregate financial contribution for the retiree group represented by the authorized representative (taking into consideration any cost savings implemented within the 12-month period before the date of filing of the petition with respect to the retiree group), and shall be no more than the minimum savings essential to permit the debtor to exit bankruptcy, such that confirmation of a plan of reorganization is not likely to be followed by the liquidation, or the need for further financial reorganization, of the debtor (or any successor to the debtor) in the short term; and (C) shall not be disproportionate or overly burden the retiree group, either in the amount of the cost savings sought from such group or the nature of the modifications. ; (4) in subsection (g)— (A) by striking (g) (g) (1) If, after a period of negotiations, the trustee and the authorized representative have not reached agreement over mutually satisfactory modifications and further negotiations are not likely to produce mutually satisfactory modifications, the trustee may file a motion seeking modifications in the payment of retiree benefits after notice and a hearing. Absent agreement of the parties, no such hearing shall be held before the expiration of the 21-day period beginning on the date on which notice of the hearing is provided to the authorized representative. Only the debtor and the authorized representative may appear and be heard at such hearing. (2) The court may grant a motion to modify the payment of retiree benefits only if, based on clear and convincing evidence— (A) the court finds that the trustee has complied with the requirements of subsection (f); (B) the court has considered alternative proposals by the authorized representative and has determined that such proposals do not meet the requirements of subsection (f)(3)(B); (C) the court finds that further negotiations regarding the trustee’s proposal or an alternative proposal by the authorized representative are not likely to produce a mutually satisfactory agreement; (D) the court finds that implementation of the proposal shall not cause irreparable harm to the affected retirees; and (E) the court concludes that an order granting the motion and immediate implementation of the trustee’s proposal is essential to permit the debtor to exit bankruptcy, such that confirmation of a plan of reorganization is not likely to be followed by liquidation, or the need for further financial reorganization, of the debtor (or a successor to the debtor) in the short term. (3) If a trustee has implemented a program of incentive pay, bonuses, or other financial returns for insiders, senior executive officers, or the 20 next most highly compensated employees or consultants providing services to the debtor during the bankruptcy, or such a program was implemented within 180 days before the date of the filing of the petition, the court shall presume that the trustee has failed to satisfy the requirements of subparagraph (f)(3)(C). ; and (B) by striking except that in no case (4) In no case ; and (5) by striking subsection (k) and redesignating subsections (l) and (m) as subsections (k) and (l), respectively. 203. Protection of employee benefits in a sale of assets Section 363(b) of title 11, United States Code, is amended by adding at the end the following: (3) In approving a sale under this subsection, the court shall consider the extent to which a bidder has offered to maintain existing jobs, preserve terms and conditions of employment, and assume or match pension and retiree health benefit obligations in determining whether an offer constitutes the highest or best offer for such property. . 204. Claim for pension losses Section 502 (l) The court shall allow a claim asserted by an active or retired participant, or by a labor organization representing such participants, in a defined benefit plan terminated under section 4041 or 4042 of the Employee Retirement Income Security Act of 1974, for any shortfall in pension benefits accrued as of the effective date of the termination of such pension plan as a result of the termination of the plan and limitations upon the payment of benefits imposed pursuant to section 4022 of such Act, notwithstanding any claim asserted and collected by the Pension Benefit Guaranty Corporation with respect to such termination. (m) The court shall allow a claim of a kind described in section 101(5)(C) by an active or retired participant in a defined contribution plan (within the meaning of section 3(34) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(34) . 205. Payments by secured lender Section 506(c) If employees have not received wages, accrued vacation, severance, or other benefits owed under the policies and practices of the debtor, or pursuant to the terms of a collective bargaining agreement, for services rendered on and after the date of the commencement of the case, such unpaid obligations shall be deemed necessary costs and expenses of preserving, or disposing of, property securing an allowed secured claim and shall be recovered even if the trustee has otherwise waived the provisions of this subsection under an agreement with the holder of the allowed secured claim or a successor or predecessor in interest. 206. Preservation of jobs and benefits Chapter 11 (1) by inserting before section 1101 the following: 1100. Statement of purpose A debtor commencing a case under this chapter shall have as its principal purpose the reorganization of its business to preserve going concern value to the maximum extent possible through the productive use of its assets and the preservation of jobs that will sustain productive economic activity. ; (2) in section 1129(a), as amended by section 104, by adding at the end the following: (18) The debtor has demonstrated that the reorganization preserves going concern value to the maximum extent possible through the productive use of the debtor’s assets and preserves jobs that sustain productive economic activity. ; (3) in section 1129(c)— (A) by inserting (1) (c) (B) by striking the last sentence and inserting the following: (2) If the requirements of subsections (a) and (b) are met with respect to more than 1 plan, the court shall, in determining which plan to confirm— (A) consider the extent to which each plan would preserve going concern value through the productive use of the debtor’s assets and the preservation of jobs that sustain productive economic activity; and (B) confirm the plan that better serves such interests. (3) A plan that incorporates the terms of a settlement with a labor organization representing employees of the debtor shall presumptively constitute the plan that satisfies this subsection. ; and (4) in the table of sections, by inserting before the item relating to section 1101 the following: 1100. Statement of purpose. . 207. Termination of exclusivity Section 1121(d) (3) For purposes of this subsection, cause for reducing the 120-day period or the 180-day period includes the following: (A) The filing of a motion pursuant to section 1113 seeking rejection of a collective bargaining agreement if a plan based upon an alternative proposal by the labor organization is reasonably likely to be confirmed within a reasonable time. (B) The proposed filing of a plan by a proponent other than the debtor, which incorporates the terms of a settlement with a labor organization if such plan is reasonably likely to be confirmed within a reasonable time. . 208. Claim for withdrawal liability Section 503(b) of title 11, United States Code, as amended by section 103 of this Act, is amended by adding at the end the following: (11) with respect to withdrawal liability owed to a multiemployer pension plan for a complete or partial withdrawal pursuant to section 4201 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1381 . III Restricting Executive Compensation Programs 301. Executive compensation upon exit from bankruptcy Section 1129(a) of title 11, United States Code, is amended— (1) in paragraph (4), by adding at the end the following: Except for compensation subject to review under paragraph (5), payments or other distributions under the plan to or for the benefit of insiders, senior executive officers, and any of the 20 next most highly compensated employees or consultants providing services to the debtor, shall not be approved except as part of a program of payments or distributions generally applicable to employees of the debtor, and only to the extent that the court determines that such payments are not excessive or disproportionate compared to distributions to the debtor’s nonmanagement workforce. (2) in paragraph (5)— (A) in subparagraph (A)(ii), 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: (C) the compensation disclosed pursuant to subparagraph (B) has been approved by, or is subject to the approval of, the court as reasonable when compared to individuals holding comparable positions at comparable companies in the same industry and not disproportionate in light of economic concessions by the debtor’s nonmanagement workforce during the case. . 302. Limitations on executive compensation enhancements Section 503(c) of title 11, United States Code, is amended— (1) in paragraph (1), in the matter preceding subparagraph (A)— (A) by inserting , a senior executive officer, or any of the 20 next most highly compensated employees or consultants an insider (B) by inserting or for the payment of performance or incentive compensation, or a bonus of any kind, or other financial returns designed to replace or enhance incentive, stock, or other compensation in effect before the date of the commencement of the case, remain with the debtor’s business, (C) by inserting clear and convincing evidence in the record (2) by amending paragraph (3) to read as follows: (3) other transfers or obligations, to or for the benefit of insiders, senior executive officers, managers, or consultants providing services to the debtor, in the absence of a finding by the court, based upon clear and convincing evidence, and without deference to the debtor’s request for such payments, that such transfers or obligations are essential to the survival of the debtor’s business or (in the case of a liquidation of some or all of the debtor’s assets) essential to the orderly liquidation and maximization of value of the assets of the debtor, in either case, because of the essential nature of the services provided, and then only to the extent that the court finds such transfers or obligations are reasonable compared to individuals holding comparable positions at comparable companies in the same industry and not disproportionate in light of economic concessions by the debtor’s nonmanagement workforce during the case. . 303. Assumption of executive benefit plans Section 365 (1) in subsection (a), by striking and (d) (d), (q), and (r) (2) by adding at the end the following: (q) No deferred compensation arrangement for the benefit of insiders, senior executive officers, or any of the 20 next most highly compensated employees of the debtor shall be assumed if a defined benefit plan for employees of the debtor has been terminated pursuant to section 4041 or 4042 of the Employee Retirement Income Security Act of 1974, on or after the date of the commencement of the case or within 180 days before the date of the commencement of the case. (r) No plan, fund, program, or contract to provide retiree benefits for insiders, senior executive officers, or any of the 20 next most highly compensated employees of the debtor shall be assumed if the debtor has obtained relief under subsection (g) or (h) of section 1114 to impose reductions in retiree benefits or under subsection (d) or (e) of section 1113 to impose reductions in the health benefits of active employees of the debtor, or reduced or eliminated health benefits for active or retired employees within 180 days before the date of the commencement of the case. . 304. Recovery of executive compensation (a) In general Subchapter III of chapter 5 563. Recovery of executive compensation (a) If a debtor has obtained relief under subsection (d) of section 1113, or subsection (g) of section 1114, by which the debtor reduces the cost of its obligations under a collective bargaining agreement or a plan, fund, or program for retiree benefits as defined in section 1114(a), the court, in granting relief, shall determine the percentage diminution in the value of the obligations when compared to the debtor’s obligations under the collective bargaining agreement, or with respect to retiree benefits, as of the date of the commencement of the case under this title before granting such relief. In making its determination, the court shall include reductions in benefits, if any, as a result of the termination pursuant to section 4041 or 4042 of the Employee Retirement Income Security Act of 1974, of a defined benefit plan administered by the debtor, or for which the debtor is a contributing employer, effective at any time on or after 180 days before the date of the commencement of a case under this title. The court shall not take into account pension benefits paid or payable under such Act as a result of any such termination. (b) If a defined benefit pension plan administered by the debtor, or for which the debtor is a contributing employer, has been terminated pursuant to section 4041 or 4042 of the Employee Retirement Income Security Act of 1974, effective at any time on or after 180 days before the date of the commencement of a case under this title, but a debtor has not obtained relief under subsection (d) of section 1113, or subsection (g) of section 1114, the court, upon motion of a party in interest, shall determine the percentage diminution in the value of benefit obligations when compared to the total benefit liabilities before such termination. The court shall not take into account pension benefits paid or payable under title IV of the Employee Retirement Income Security Act of 1974 as a result of any such termination. (c) Upon the determination of the percentage diminution in value under subsection (a) or (b), the estate shall have a claim for the return of the same percentage of the compensation paid, directly or indirectly (including any transfer to a self-settled trust or similar device, or to a nonqualified deferred compensation plan under section 409A(d)(1) of the Internal Revenue Code of 1986) to any officer of the debtor serving as member of the board of directors of the debtor within the year before the date of the commencement of the case, and any individual serving as chairman or lead director of the board of directors at the time of the granting of relief under section 1113 or 1114 or, if no such relief has been granted, the termination of the defined benefit plan. (d) The trustee or a committee appointed pursuant to section 1102 may commence an action to recover such claims, except that if neither the trustee nor such committee commences an action to recover such claim by the first date set for the hearing on the confirmation of plan under section 1129, any party in interest may apply to the court for authority to recover such claim for the benefit of the estate. The costs of recovery shall be borne by the estate. (e) The court shall not award postpetition compensation under section 503(c) or otherwise to any person subject to subsection (c) if there is a reasonable likelihood that such compensation is intended to reimburse or replace compensation recovered by the estate under this section. . (b) Technical and conforming amendment The table of sections for chapter 5 563. Recovery of executive compensation. . 305. Preferential compensation transfer Section 547 of title 11, United States Code, is amended by adding at the end the following: (j) (1) The trustee may avoid a transfer— (A) made— (i) to or for the benefit of an insider (including an obligation incurred for the benefit of an insider under an employment contract) made in anticipation of bankruptcy; or (ii) in anticipation of bankruptcy to a consultant who is formerly an insider and who is retained to provide services to an entity that becomes a debtor (including an obligation under a contract to provide services to such entity or to a debtor); and (B) made or incurred on or within 1 year before the filing of the petition. (2) No provision of subsection (c) shall constitute a defense against the recovery of a transfer described in paragraph (1). (3) The trustee or a committee appointed pursuant to section 1102 may commence an action to recover such transfer, except that, if neither the trustee nor such committee commences an action to recover such transfer by the time of the commencement of a hearing on the confirmation of a plan under section 1129, any party in interest may apply to the court for authority to recover the claims for the benefit of the estate. The costs of recovery shall be borne by the estate. . IV Other Provisions 401. Union proof of claim Section 501(a) , including a labor organization, A creditor 402. Exception from automatic stay Section 362(b) (1) in paragraph (27), by striking and (2) in paragraph (28), by striking the period at the end and inserting ; and (3) by adding at the end the following: (29) of the commencement or continuation of a grievance, arbitration, or similar dispute resolution proceeding established by a collective bargaining agreement that was or could have been commenced against the debtor before the filing of a case under this title, or the payment or enforcement of an award or settlement under such proceeding. .

Protecting Employees and Retirees in Business Bankruptcies Act of 2014

Lewis and Clark National Historic Trail Interpretive Center Act of 2014 - Ratifies the conveyance of 27.29 acres of land from the Montana Department of Fish, Wildlife and Parks to the United States. Directs the Department of Agriculture (USDA) to carry out a pilot project under which USDA offers a lease to the Lewis & Clark Foundation of the land and improvements comprising the federal interest in the Lewis and Clark National Historic Trail Interpretive Center located in Great Falls, Montana. Requires the United States to reserve the right to locate, develop, and use the Interpretive Center for other uses by the federal government that are compatible with the purposes and operation of the Center.

113 S2590 IS: Lewis and Clark National Historic Trail Interpretive Center Act of 2014 U.S. Senate 2014-07-10 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. 2590 IN THE SENATE OF THE UNITED STATES July 10, 2014 Mr. Tester Mr. Walsh Committee on Energy and Natural Resources A BILL To advance the purposes of the Lewis and Clark National Historic Trail Interpretive Center, and for other purposes. 1. Short title This Act may be cited as the Lewis and Clark National Historic Trail Interpretive Center Act of 2014 2. Purposes The purposes of this Act are— (1) to provide for a pilot program of public-private partnership regarding the operation of the Lewis and Clark National Historic Trail Interpretive Center; (2) to promote the use and development of the Interpretive Center by the Lewis & Clark Foundation, in support of the purposes of Public Law 100–552 (3) to allow and promote use of the Interpretive Center, with the goal of achieving financial self-sustainability; and (4) to authorize the Secretary of Agriculture to participate and cooperate in the operation of the Interpretive Center as necessary or desirable to promote— (A) the conservation and management of United States public land; (B) the use, understanding, and enjoyment of— (i) the Interpretive Center; and (ii) natural resources and natural history; and (C) interpretation of the historical events associated with— (i) the Lewis and Clark Expedition; (ii) Native Americans; and (iii) the American West. 3. Definitions In this Act: (1) Foundation The term Foundation (2) Grant Deed The term Grant Deed (A) conveys to the United States from the Montana Department of Fish, Wildlife and Parks a parcel of land comprising 27.29 acres, as depicted on the Map and located in Cascade County, Montana; (B) comprises 8 pages recorded in the land records of Cascade County as document numbered R0040589; and (C) is dated June 6, 2002. (3) Interpretive Center (A) In general The term Interpretive Center (B) Inclusions The term Interpretive Center (4) Map The term Map Lewis and Clark Interpretive Center, Tract No. 1 of the Certificate of Survey #3942 (5) Secretary The term Secretary (6) State The term State 4. Amendments Public Law 100–552 ( 16 U.S.C. 1244 (1) in section 2— (A) in subsection (b), in the first sentence, by striking donated conveyed (B) by striking subsection (c); and (2) in section 3(a), by striking the second sentence. 5. Ratification of prior conveyance Notwithstanding section 2 of Public Law 100–552 16 U.S.C. 1244 6. Conveyance by lease (a) Pilot project (1) In general Not later than 180 days after the date of enactment of this Act, without further administrative procedures, reviews, or analyses and subject to valid existing rights of record, the Secretary shall carry out a pilot project under which the Secretary shall offer to lease to the Foundation, for no consideration, the land and improvements comprising the Federal interest in the Interpretive Center, including the real property depicted on the Map and conveyed by the Grant Deed. (2) Timing At any time, the Secretary and the Foundation may agree to the lease of all or any portion of the property described in paragraph (1)— (A) at 1 time; or (B) in phases over time. (3) Personal property conveyance The Secretary may convey, by deed of gift or lease to the Foundation, for no consideration, such furniture, equipment, and other personal property as the Secretary and the Foundation agree to be appropriate, including any property that has been used in connection with the operation and maintenance of the Interpretive Center on or before the date of enactment of this Act. (b) Terms and conditions (1) Term The lease under subsection (a) shall be— (A) for a primary term of not more than 40 years; and (B) renewable for additional terms of not more than 40 years each, in accordance with such terms and conditions as the Secretary and the Foundation agree to be appropriate. (2) Condition The Secretary— (A) shall lease any real or personal property pursuant to this section in the existing condition of the property; and (B) has no obligation to repair or replace any such property or improvement. (3) Requirements (A) In general The terms of any lease, lease modification, or lease renewal under this section shall be consistent with the requirements of this Act. (B) Other terms and conditions The lease may contain such other terms and conditions including provisions relating to— (i) the partial occupancy and use at reduced or no charges by the Forest Service, other Federal departments or agencies, and any other entities referred to in Public Law 100–552 ( 16 U.S.C. 1244 (ii) capital improvements made by the Foundation, the title to which shall vest in the United States on termination of the lease, unless otherwise agreed to by the Secretary and the Foundation; and (iii) the upkeep and maintenance of any appropriate facilities by the Foundation. (4) Modifications The lease may be modified from time to time by mutual written agreement of the Secretary and the Foundation. (5) Termination The lease under subsection (a) shall be terminable by the Secretary in any case in which the Secretary determines that the Interpretive Center is— (A) destroyed by fire or act of God such that the Interpretive Center cannot continue operating, and the Foundation has elected not to construct or reconstruct any necessary improvements; (B) attempted to be sold, mortgaged, or used as security for indebtedness; (C) abandoned or ceases to be used for the purposes of the lease for a consecutive period of 1 year, unless otherwise agreed to by the Foundation and the Secretary; or (D) used in a manner that is inconsistent with the terms of the lease. (c) Administrative actions The Regional Forester, Northern Region, of the Forest Service may act on behalf of the Secretary in carrying out this Act. (d) Reservation of rights in United States (1) In general At all times, the United States shall reserve the right to locate, develop, and use the Interpretive Center for other uses by the Federal Government that are compatible with the purposes and operation of Interpretive Center. (2) Consultation required The Foundation shall be consulted prior to any development or use under paragraph (1). (e) Insurance (1) In general The Foundation shall maintain general liability insurance for the duration of the lease under this section, in such amount as is agreed to by the Secretary and the Foundation. (2) Requirement The United States shall be named as an additional insured under the policy. 7. Use by Foundation The lease under this Act— (1) shall permit the Foundation to assume stewardship responsibilities for the Interpretive Center, including through— (A) the sale of souvenirs and merchandise; (B) the provision of food and visitor services; (C) the rental of facilities for short-term events; and (D) the assessment of admission and use fees in an amount determined by the Foundation; and (2) may permit the Foundation, with prior written approval of the Secretary— (A) to construct or renovate any applicable improvements; and (B) to sublet any space or facility for any use that is compatible with the purposes of the Interpretive Center. 8. Monetary provisions (a) Admission and use fees The Foundation shall have sole discretion to establish and charge admission and use fees for the Interpretive Center. (b) Receipts The Foundation may retain and use all amounts generated from the operation of the Interpretive Center, including through— (1) the sale of merchandise; and (2) the assessment of admission and use fees. (c) Accounts (1) In general The Foundation shall maintain documents and accounts that are— (A) prepared by an accountant certified or licensed by a State regulatory authority; and (B) prepared in accordance with generally accepted accounting principles. (2) Inspection All documents and accounts of the Foundation shall be open to inspection by— (A) the Secretary; and (B) other appropriate Federal officials. (d) State and local taxes (1) In general The Interpretive Center shall be considered to be Federal property for purposes of taxation by the State government and units of local government. (2) Effect of Act Nothing in this Act exempts the Foundation or the Interpretive Center from the collection and payment of any sales or excise tax. (e) Federal assistance (1) In general Subject to the availability of appropriated funds, the Secretary may provide to the Foundation (including through a cooperative agreement under section 9) such sums as the Secretary determines to be appropriate for— (A) startup costs; and (B) subsequent maintenance and operational expenses. (2) Other Federal assistance The Foundation may apply for and receive any Federal grant or other form of Federal assistance for which the Foundation is otherwise eligible, notwithstanding the status of the Foundation as a lessee of, or cooperator with, the United States. 9. Cooperative agreements (a) In general The Secretary and the Foundation at any time may enter into any cooperative agreement to provide Federal financial or other assistance at the Interpretive Center relating to— (1) the use of Forest Service employees for interpretive or educational services; (2) the use of equipment; (3) the training of staff and volunteers; (4) the provision of interpretive services, including displays, educational programs, and similar information; (5) maintenance and operational expenses; and (6) any other activity that the Foundation and the Secretary determine to be in support of the purposes of Public Law 100–552 16 U.S.C. 1244 (b) Effect of Act Nothing in this Act precludes the use of other cooperative authorities of the Secretary, including the National Trails System Act ( 16 U.S.C. 1241 et seq. 10. Relationship to other laws (a) Public Law 100–552 (1) In general Except as provided in section 4, Public Law 100–552 16 U.S.C. 1244 (2) Conflicts If a conflict arises between Public Law 100–552 16 U.S.C. 1244 (b) Fees and charges The Foundation and the operation of the Interpretive Center shall not be subject to the requirements of Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.) or any other law relating to the charging of admission or use fees on Federal land or facilities. (c) Federal laws and regulations (1) In general Notwithstanding the lease under this Act, the Interpretive Center shall continue to be subject to the laws and regulations relating to the National Forest System, unless any such law or regulation is inconsistent with Public Law 100–552 (2) Regulations No provision contained in subpart B of part 251 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), shall apply to the lease authorized by this Act, unless such a provision is incorporated in the lease by agreement of the Secretary and the Foundation. 11. Reports to Congress (a) In general The Secretary and the Foundation each may submit to Congress, from time to time, reports regarding the status of the pilot project authorized by this Act, including— (1) an assessment of the lease under the pilot project; and (2) such recommendations as the Secretary or the Foundation determine to be necessary or appropriate for the continued management of the Interpretive Center. (b) Applicability The Secretary may advise Congress with respect to the potential applicability of the pilot project under this Act to other interpretive centers within the National Forest System. 12. Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out— (1) this Act; and (2) Public Law 100–552 ( 16 U.S.C. 1244

Lewis and Clark National Historic Trail Interpretive Center Act of 2014

Girls Count Act of 2014 - Authorizes the Secretary of State and the Administrator of the U.S. Agency for International Development (USAID) to: (1) support programs that will contribute to improved civil registration and vital statistics systems with a focus on birth registration; and (2) promote programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls, and help increase property rights, social security, land tenure, and inheritance rights for women.

113 S2591 IS: Girls Count Act of 2014 U.S. Senate 2014-07-10 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. 2591 IN THE SENATE OF THE UNITED STATES July 10, 2014 Mr. Rubio Mrs. Shaheen Committee on Foreign Relations A BILL To authorize the Secretary of State and the Administrator of the United States Agency for International Development to provide assistance to support the rights of women and girls in developing countries, and for other purposes. 1. Short title This Act may be cited as the Girls Count Act of 2014 2. Findings Congress makes the following findings: (1) According to the United States Census Bureau’s 2014 international figures, 1 person in 8—or 12 percent of the total population of the world—is a girl or young woman age 10 through 24. (2) The Census Bureau's data also asserts that young people are the fastest growing segment of the population in developing countries. (3) Even though most countries have birth registration laws, every year 51,000,000 children under age 5 are not registered at birth, most of whom are girls. (4) A nationally recognized proof of birth system is the key to determining a child’s citizenship, nationality, place of birth, parentage, and age. Without such a system, a passport, drivers license, or national identification card is extremely difficult to obtain. The lack of such documentation prevents girls and women from officially participating in and benefitting from the formal economic, legal, and political sectors in their countries. (5) Without the ability to gain employment and identification necessary to officially participate in these sectors, women and girls are confined to the home and remain unpaid and often-invisible members of society. (6) Girls undertake much of the domestic labor needed for poor families to survive: carrying water, harvesting crops, tending livestock, caring for younger children, and doing chores. (7) Accurate assessments of access to education, poverty levels, and overall census activities are hampered by the lack of official information on women and girls. Without this rudimentary information, assessments of foreign assistance and domestic social welfare programs cannot be accurately gauged. (8) To ensure that women and girls are fully integrated into United States foreign assistance policies and programs, that the specific needs of girls are, to the maximum extent possible, addressed in the design, implementation, and evaluation of development assistance programs, and that women and girls have the power to effect the decisions that affect their lives, all girls should be counted and have access to birth certificates and other official documentation. 3. Statement of policy It is the policy of the United States to— (1) encourage countries to uphold the Universal Declaration of Human Rights and enact laws that ensure girls and boys of all ages are full participants in society, including requiring birth certifications and some type of national identity card to ensure that all citizens, including girls, are counted; (2) enhance training and capacity-building in developing countries, local nongovernmental organizations, and other civil society organizations to effectively address the needs of birth registries in countries where girls are undercounted; (3) include organizations representing children and families in the design, implementation, and monitoring of programs under this Act; and (4) incorporate into the design, implementation, and evaluation of policies and programs at all levels an understanding of the distinctive impact that such policies and programs may have on girls. 4. United States assistance to support counting of girls in the developing world (a) Authorization The Secretary and the Administrator are authorized to— (1) support programs that will contribute to improved and sustainable Civil Registration and Vital Statistics Systems (CRVS) with a focus on birth registration as the first and most important life event to be registered; (2) promote programs that build the capacity of developing countries’ national and local legal and policy frameworks to prevent discrimination against girls; (3) support programs to help increase property rights, social security, home ownership, land tenure security, and inheritance rights for women; and (4) assist key ministries in the governments of developing countries, including health, interior, youth, and education ministries, to ensure that girls from poor households obtain equitable access to social programs. (b) Coordination with multilateral organizations The Secretary and the Administrator shall coordinate with the World Bank, relevant United Nations agencies and programs, and other relevant organizations to urge and work with countries to enact, implement, and enforce laws that specifically collect data on girls and establish registration and identification laws to ensure girls are active participants in the social, economic, legal and political sectors of society in their countries. (c) Coordination with private sector and civil society organizations The Secretary and the Administrator should work with United States, international, and local private sector and civil society organizations to advocate for the registration and documentation of all girls and boys in developing countries to prevent exploitation, violence, and other abuses. 5. Report The Secretary and the Administrator shall include in all relevant congressionally mandated reports and documents the following information: (1) To the extent possible, United States foreign assistance and development assistance beneficiaries by age, gender, marital status, location, and school enrollment status in all programs and sectors. (2) A description of how United States foreign assistance and development assistance benefits girls. (3) Information on programs that address the particular needs of girls. 6. Offset Of the amounts authorized to be appropriated for United States foreign assistance programs of a Federal department or agency that administers such programs for a fiscal year, up to 5 percent of such amounts are authorized to be appropriated to carry out this Act for such fiscal year. 7. Definitions In this Act: (1) Administrator The term Administrator (2) Development assistance The term development assistance (A) assistance under— (i) chapter 1 of part 1 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. (ii) the Millennium Challenge Act of 2003 ( 22 U.S.C. 7701 et seq. (iii) the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et seq.); (iv) title V of the International Security and Development Cooperation Act of 1980 (22 U.S.C. 290h et seq.; relating to the African Development Foundation); and (v) section 401 of the Foreign Assistance Act of 1969 ( 22 U.S.C. 290f (B) official development assistance under any provision of law; and (C) reconstruction assistance under any provision of law. (3) Foreign assistance The term foreign assistance 22 U.S.C. 2151 et seq. (4) Secretary The term Secretary 8. Sunset This Act shall expire on the date that is 5 years after the date of the enactment of this Act.

Girls Count Act of 2014

FLAME Act Amendments Act of 2014 - Amends the FLAME Act of 2009 to revise how the FLAME Funds for the Department of the Interior and the Department of Agriculture (USDA) are funded. Makes amounts appropriated to a FLAME Fund available to USDA or Interior for wildfire suppression operations if the department concerned notifies the relevant congressional committees that a wildfire suppression event is eligible for funding from the FLAME Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require certain adjustments to discretionary spending limits to accommodate appropriations for wildfire suppression operations in the Wildland Fire Management accounts at USDA or Interior. Requires adjustments for fire suppression to be made if all amounts in the FLAME Fund established under the FLAME Act of 2009 have been expended and other specified conditions are met. Amends existing disaster funding adjustments to discretionary spending limits to add provisions related to fire suppression adjustments. National Forest Jobs and Management Act of 2014 - Authorizes USDA to conduct projects that involve the management or sale of national forest material within certain National Forest System (NFS) lands. Amends the Healthy Forests Restoration Act of 2003 to authorize the Forest Service and the Bureau of Land Management (BLM) to obligate funds to cover any potential cancellation or termination for an agreement or contract under such Act in stages that are economically and programmatically viable. Requires the Forest Service and BLM to notify Congress before entering into a multiyear agreement or contract that includes a cancellation ceiling in excess of $25 million, but does not include proposed funding for the costs of cancelling up to the ceiling.

113 S2593 IS: FLAME Act Amendments Act of 2014 U.S. Senate 2014-07-10 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. 2593 IN THE SENATE OF THE UNITED STATES July 10, 2014 Mr. McCain Mr. Barrasso Mr. Flake Committee on Energy and Natural Resources A BILL To amend the FLAME Act of 2009 to provide for additional wildfire suppression activities, to provide for the conduct of certain forest treatment projects, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the FLAME Act Amendments 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—FLAME Act amendments Sec. 101. Findings. Sec. 102. FLAME Act amendments. Sec. 103. Wildfire disaster funding authority. TITLE II—Forest treatment projects Sec. 201. Definitions. Sec. 202. Projects in Forest Management Emphasis Areas. Sec. 203. Administrative review; arbitration. Sec. 204. Distribution of revenue. Sec. 205. Performance measures; reporting. Sec. 206. Termination. TITLE III—Forest stewardship contracting Sec. 301. Cancellation ceilings. I FLAME Act amendments 101. Findings Congress finds that— (1) over the past 2 decades, wildfires have increased dramatically in size and costs; (2) existing budget mechanisms for estimating the costs of wildfire suppression are not keeping pace with the actual costs for wildfire suppression due in part to improper budget estimation methodology; (3) the FLAME Funds have not been adequate in supplementing wildland fire management funds in cases in which wildland fire management accounts are exhausted; and (4) the practice of transferring funds from other agency funds (including the hazardous fuels treatment accounts) by the Secretary of Agriculture or the Secretary of the Interior to pay for wildfire suppression activities, commonly known as fire-borrowing 102. FLAME Act amendments (a) Funding Section 502(d) of the FLAME Act of 2009 ( 43 U.S.C. 1748a(d) (1) in paragraph (1)— (A) by striking shall consist of appropriated to shall consist of such amounts as are appropriated to (B) by striking subparagraph (B); and (2) by striking paragraphs (4) and (5). (b) Use of flame fund Section 502(e) of the FLAME Act of 2009 ( 43 U.S.C. 1748a(e) (1) In general Amounts appropriated to a FLAME Fund, in accordance with section 251(b)(2)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 902(b)(2)(E) (2) Declaration criteria A declaration by the Secretary concerned under paragraph (1) may be issued only if— (A) an individual wildfire incident meets the objective indicators of an extraordinary wildfire situation, including— (i) a wildfire that the Secretary concerned determines has required an emergency Federal response based on the significant complexity, severity, or threat posed by the fire to human life, property, or a resource; (ii) a wildfire that covers 1,000 or more acres; or (iii) a wildfire that is within 10 miles of an urbanized area (as defined in section 134(b) (B) the cumulative costs of wildfire suppression and Federal emergency response activities, as determined by the Secretary concerned, would exceed, within 30 days, all of the amounts otherwise previously appropriated (including amounts appropriated under an emergency designation, but excluding amounts appropriated to the FLAME Fund) to the Secretary concerned for wildfire suppression and Federal emergency response. . (c) Treatment of anticipated and predicted activities Section 502(f) of the FLAME Act of 2009 ( 43 U.S.C. 1748a(f) (e)(2)(B)(i) (e)(2)(A) (d) Prohibition on other transfers Section 502 of the FLAME Act of 2009 ( 43 U.S.C. 1748a (g) Prohibition on other transfers The Secretary concerned shall not transfer funds provided for activities other than wildfire suppression operations to pay for any wildfire suppression operations. . (e) Accounting and reports Section 502(h) of the FLAME Act of 2009 ( 43 U.S.C. 1748a(h) (2) Estimates of Wildfire Suppression Operations Costs to Improve Budgeting and Funding (A) Budget submission Consistent with section 1105(a) (B) Requirements The estimate of anticipated wildfire suppression costs under subparagraph (A) shall be developed using the best available— (i) climate, weather, and other relevant data; and (ii) models and other analytic tools. (C) Independent review The methodology for developing the estimates of wildfire suppression costs under subparagraph (A) shall be subject to periodic independent review to ensure compliance with subparagraph (B). (D) Submission to congress (i) In general Consistent with the schedule described in clause (ii) and in accordance with subparagraphs (B) and (C), the Secretary concerned shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives an updated estimate of wildfire suppression costs for the applicable fiscal year. (ii) Schedule The Secretary concerned shall submit the updated estimates under clause (i) during— (I) March of each year; (II) May of each year; (III) July of each year; and (IV) if a bill making appropriations for the Department of the Interior and the Forest Service for the following fiscal year has not been enacted by September 1, September of each year. (3) Reports Annually, the Secretary of Agriculture and the Secretary of the Interior shall jointly submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives a report that— (A) provides a summary of the amount of appropriations made available during the previous fiscal year, which specifies the source of the amounts and the commitments and obligations made under this section; (B) describes the amounts obligated to individual wildfire events that meet the criteria specified in subsection (e)(2); and (C) includes any recommendations that the Secretary of Agriculture or the Secretary of the Interior may have to improve the administrative control and oversight of the FLAME Fund. . 103. Wildfire disaster funding authority (a) In general Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at the end the following: (E) Flame wildfire suppression (i) (I) The adjustments for a fiscal year shall be in accordance with clause (ii) if— (aa) a bill or joint resolution making appropriations for a fiscal year is enacted that— (AA) specifies an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior; and (BB) specifies a total amount to be used for the purposes described in subclause (II) in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior that is not less than 50 percent of the amount described in subitem (AA); and (bb) as of the day before the date of enactment of the bill or joint resolution all amounts in the FLAME Fund established under section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a) have been expended. (II) The purposes described in this subclause are— (aa) hazardous fuels reduction projects and other activities of the Secretary of the Interior, as authorized under the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.) and the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a); and (bb) forest restoration and fuel reduction activities carried out outside of the wildland urban interface that are on condition class 3 Federal land or condition class 2 Federal land located within fire regime I, fire regime II, or fire regime III. (ii) If the requirements under clause (i)(I) are met for a fiscal year, the adjustments for that fiscal year shall be the amount of additional new budget authority provided in the bill or joint resolution described in clause (i)(I)(aa) for wildfire suppression operations for that fiscal year, but shall not exceed $1,000,000,000 in additional new budget authority in each of fiscal years 2015 through 2021. (iii) As used in this subparagraph— (I) the term additional new budget authority (aa) 100 percent of the average costs for wildfire suppression operations over the previous 5 years; or (bb) the estimated amount of anticipated wildfire suppression costs at the upper bound of the 90 percent confidence interval for that fiscal year calculated in accordance with section 502(h)(3) of the FLAME Act of 2009 (43 U.S.C. 1748a(h)(3)); and (II) the term wildfire suppression operations (iv) The average costs for wildfire suppression operations over the previous 5 years shall be calculated annually and reported in the President’s Budget submission under section 1105(a) . (b) Disaster funding Section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)) is amended— (1) in clause (i)— (A) in subclause (I), by striking and plus (B) in subclause (II), by striking the period and inserting ; less (C) by adding the following: (III) the additional new budget authority provided in an appropriation Act for wildfire suppression operations pursuant to subparagraph (E) for the preceding fiscal year. ; and (2) by adding at the end the following: (v) Beginning in fiscal year 2016 and in subsequent fiscal years, the calculation of the average funding provided for disaster relief over the previous 10 years . II Forest treatment projects 201. Definitions In this title: (1) Covered project The term covered project (2) Forest Management Emphasis Area (A) In general The term Forest Management Emphasis Area (B) Exclusions The term Forest Management Emphasis Area (i) that is a component of the National Wilderness Preservation System; or (ii) on which removal of vegetation is specifically prohibited by Federal law. (3) National forest material The term national forest material (4) National Forest System (A) In general The term National Forest System 16 U.S.C. 1609(a) (B) Exclusion The term National Forest System (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. (ii) National Forest System land east of the 100th meridian. (5) Secretary The term Secretary 202. Projects in Forest Management Emphasis Areas (a) Conduct of covered projects Within Forest Management Emphasis Areas (1) In general The Secretary may conduct covered projects in Forest Management Emphasis Areas, subject to paragraphs (2) through (4). (2) Designating timber for cutting (A) In general Notwithstanding section 14(g) of the National Forest Management Act of 1976 ( 16 U.S.C. 472a(g) (B) Requirement The designation methods authorized under subparagraph (A) shall be used in a manner that ensures that the quantity of national forest material that is removed from the Forest Management Emphasis Area is verifiable and accountable. (3) Contracting methods (A) In general Timber sale contracts under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall be the primary means of carrying out covered projects under this title. (B) Record If the Secretary does not use a timber sale contract under section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a (4) Acreage treatment requirements (A) Total acreage requirements The Secretary shall identify, prioritize, and carry out covered projects in Forest Management Emphasis Areas that mechanically treat a total of at least 7,500,000 acres in the Forest Management Emphasis Areas during the 15-year period beginning on the date that is 60 days after the date on which the Secretary assigns the acreage treatment requirements under subparagraph (B). (B) Assignment of acreage treatment requirements to individual units of the National Forest System (i) In general Not later than 60 days after the date of enactment of this Act and subject to clause (ii), the Secretary, in the sole discretion of the Secretary, shall assign the acreage treatment requirements that shall apply to the Forest Management Emphasis Areas of each unit of the National Forest System. (ii) Limitation Notwithstanding clause (i), the acreage treatment requirements assigned to a specific unit of the National Forest System under that clause may not apply to more than 25 percent of the acreage to be treated in any unit of the National Forest System in a Forest Management Emphasis Area during the 15-year period described in subparagraph (A). (b) Environmental analysis and public review process for covered projects in Forest Management Emphasis Areas (1) Environmental assessment The Secretary shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by completing an environmental assessment that assesses the direct environmental effects of each covered project proposed to be conducted within a Forest Management Emphasis Area, except that the Secretary shall not be required to study, develop, or describe more than the proposed agency action and 1 alternative to the proposed agency action for purposes of that Act. (2) Public notice and comment In preparing an environmental assessment for a covered project under paragraph (1), the Secretary shall provide— (A) public notice of the covered project; and (B) an opportunity for public comment on the covered project. (3) Length The environmental assessment prepared for a covered project under paragraph (1) shall not exceed 100 pages in length. (4) Inclusion of certain documents The Secretary may incorporate, by reference, into an environmental assessment any documents that the Secretary, in the sole discretion of the Secretary, determines are relevant to the assessment of the environmental effects of the covered project. (5) Deadline for completion Not later than 180 days after the date on which the Secretary has published notice of a covered project in accordance with paragraph (2), the Secretary shall complete the environmental assessment for the covered project. (c) Compliance with Endangered Species Act To comply with the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. 16 U.S.C. 1536 (d) Limitation on revision of national forest plans The Secretary may not, during a revision of a forest plan under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 16 U.S.C. 1536(b) 203. Administrative review; arbitration (a) Administrative review Administrative review of a covered project shall occur only in accordance with the special administrative review process established by section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 (b) Arbitration (1) In general There is established in the Department of Agriculture a pilot program that— (A) authorizes the use of arbitration instead of judicial review of a decision made following the special administrative review process for a covered project described in subsection (a); and (B) shall be the sole means to challenge a covered project in a Forest Management Emphasis Area during the 15-year period beginning on the date that is 60 days after the date on which the Secretary assigns the acreage treatment requirements under section 202(a)(4)(B). (2) Arbitration process procedures (A) In general Any person who sought administrative review for a covered project in accordance with subsection (a) and who is not satisfied with the decision made under the administrative review process may file a demand for arbitration in accordance with— (i) chapter 1 (ii) this paragraph. (B) Requirements for demand A demand for arbitration under subparagraph (A) shall— (i) be filed not more than 30 days after the date on which the special administrative review decision is issued under subsection (a); and (ii) include a proposal containing the modifications sought to the covered project. (C) Intervening parties (i) Deadline for submission; requirements Any person that submitted a public comment on the covered project subject to the demand for arbitration may intervene in the arbitration under this subsection by submitting a proposal endorsing or modifying the covered project by the date that is 30 days after the date on which the demand for arbitration is filed under subparagraph (A). (ii) Multiple parties Multiple objectors or intervening parties that meet the requirements of clause (i) may submit a joint proposal under that clause. (D) Appointment of arbitrator The United States District Court in the district in which a covered project subject to a demand for arbitration filed under subparagraph (A) is located shall appoint an arbitrator to conduct the arbitration proceedings in accordance with this subsection. (E) Selection of proposals (i) In general An arbitrator appointed under subparagraph (D)— (I) may not modify any of the proposals submitted under this paragraph; and (II) shall select to be conducted— (aa) a proposal submitted by an objector under subparagraph (B)(ii) or an intervening party under subparagraph (C); or (bb) the covered project, as approved by the Secretary. (ii) Selection criteria An arbitrator shall select the proposal that best meets the purpose and needs described in the environmental assessment conducted under section 202(b)(1) for the covered project. (iii) Effect The decision of an arbitrator with respect to a selection under clause (i)(II)— (I) shall not be considered a major Federal action; (II) shall be binding; and (III) shall not be subject to judicial review. (F) Deadline for completion Not later than 90 days after the date on which a demand for arbitration is filed under subparagraph (A), the arbitration process shall be completed. 204. Distribution of revenue (a) Payments to counties (1) In general Effective for fiscal year 2015 and each fiscal year thereafter until the termination date under section 206, the Secretary shall provide to each county in which a covered project is carried out annual payments in an amount equal to 25 percent of the amounts received for the applicable fiscal year by the Secretary from the covered project. (2) Limitation A payment made under paragraph (1) shall be in addition to any payments the county receives under the payment to States required by the sixth paragraph under the heading Forest service 16 U.S.C. 500 16 U.S.C. 500 (b) Deposit in Knutson-Vandenberg and Salvage Sale Funds After compliance with subsection (a), the Secretary shall use amounts received by the Secretary from covered projects during each of the fiscal years during the period described in subsection (a) to make deposits into the fund established under section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act 16 U.S.C. 576b 16 U.S.C. 472a(h) (c) Deposit in General Fund of the Treasury After compliance with subsections (a) and (b), the Secretary shall deposit into the general fund of the Treasury any remaining amounts received by the Secretary for each of the fiscal years referred to in those subsections from covered projects. 205. Performance measures; reporting (a) Performance measures The Secretary shall develop performance measures that evaluate the degree to which the Secretary is achieving— (1) the purposes of this title; and (2) the minimum acreage requirements established under section 202(a)(4). (b) Annual Reports Annually, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives— (1) a report that describes the results of evaluations using the performance measures developed under subsection (a); and (2) a report that describes— (A) the number and substance of the covered projects that are subject to administrative review and arbitration under section 203; and (B) the outcomes of the administrative review and arbitration under that section. 206. Termination The authority of this title terminates on the date that is 15 years after the date of enactment of this Act. III Forest stewardship contracting 301. Cancellation ceilings Section 604(d) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(d) (1) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and (2) by inserting after paragraph (4) the following: (5) Cancellation ceilings (A) In general The Chief and the Director may obligate funds to cover any potential cancellation or termination costs for an agreement or contract under subsection (b) in stages that are economically or programmatically viable. (B) Notice (i) Submission to congress Not later than 30 days before entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement or contract up to the cancellation ceiling established in the agreement or contract, the Chief and the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a written notice that includes— (I) (aa) the cancellation ceiling amounts proposed for each program year in the agreement or contract; and (bb) the reasons for the cancellation ceiling amounts proposed under item (aa); (II) the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and (III) a financial risk assessment of not including budgeting for the costs of agreement or contract cancellation. (ii) Transmittal to omb At least 14 days before the date on which the Chief and Director enter into an agreement or contract under subsection (b), the Chief and Director shall transmit to the Director of the Office of Management and Budget a copy of the written notice submitted under clause (i). .

FLAME Act Amendments Act of 2014

North Country National Scenic Trail Route Adjustment Act - Amends the National Trails System Act to extend the North Country National Scenic Trail into Vermont.

113 S2595 IS: North Country National Scenic Trail Route Adjustment Act U.S. Senate 2014-07-10 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. 2595 IN THE SENATE OF THE UNITED STATES July 10, 2014 Ms. Klobuchar Mr. Leahy Mr. Levin Ms. Stabenow Mr. Sanders Mr. Franken Mrs. Gillibrand Ms. Baldwin Committee on Energy and Natural Resources A BILL To revise the authorized route of the North Country National Scenic Trail in northeastern Minnesota and to extend the trail into Vermont to connect with the Appalachian National Scenic Trail, and for other purposes. 1. Short title This Act may be cited as the North Country National Scenic Trail Route Adjustment Act 2. Route adjustment Section 5(a)(8) of the National Trails System Act ( 16 U.S.C. 1244(a)(8) (1) by striking thirty two hundred miles, extending from eastern New York State 4,600 miles, extending from the Appalachian Trail in Vermont (2) by striking Proposed North Country Trail June 1975. North Country National Scenic Trail, Authorized Route

North Country National Scenic Trail Route Adjustment Act

Promise Zone Job Creation Act of 2014 - Amends the Internal Revenue Code to direct the Secretary of Housing and Urban Development (HUD) and the Secretary of Agriculture (USDA) to designate up to 20 areas as Promise Zones for purposes of priority consideration in federal grant programs and initiatives. Defines a "Promise Zone" as any area with a continuous boundary and a population of not more than 200,000 that is nominated by a local government or Indian tribe and designated on the basis of its unemployment, poverty, vacancy, and crime rates. Requires an application for designation as a Promise Zone to include a competitiveness plan that addresses the need of the area to attract investment and jobs and improve educational opportunities. Allows: (1) a Promise Zone employment tax credit for wages paid to a qualified zone or resident employee, and (2) expensing of Promise Zone property. Defines "Promise Zone property" as property that is: (1) tangible property with a recovery period of 20 years or less for depreciation purposes, water utility property, computer software, or qualified leasehold improvement property; (2) acquired by purchase for use in the active conduct of a trade or business; and (3) originally placed in service in a Promise Zone.

113 S2597 IS: Promise Zone Job Creation Act of 2014 U.S. Senate 2014-07-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2597 IN THE SENATE OF THE UNITED STATES July 14, 2014 Mr. Casey Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for the establishment of Promise Zones. 1. Short title This Act may be cited as the Promise Zone Job Creation Act of 2014 2. Promise Zones (a) In general Subchapter Y of chapter 1 IV Promise Zones Sec. 1400V–1. Designation of Promise Zones. Sec. 1400V–2. Promise Zone employment credit. Sec. 1400V–3. Expensing of Promise Zone property. 1400V–1. Designation of Promise Zones (a) In general For purposes of this part, the term Promise Zone (1) which is nominated by 1 or more local governments or Indian Tribes (as defined in section 4(13) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103(13) nominated area (2) which has a continuous boundary, (3) the population of which does not exceed 200,000, and (4) which the Secretary of Housing and Urban Development and the Secretary of Agriculture, acting jointly, designate as a Promise Zone, after consultation with the Secretary of Commerce, the Secretary of Education, the Attorney General, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of the Treasury, the Secretary of Transportation, and other agencies as appropriate. (b) Number of designations (1) In general Not more than 20 nominated areas may be designated as Promise Zones. (2) Number of designations in rural areas Of the areas designated under paragraph (1), 6 of such areas shall be areas— (A) which are outside of a metropolitan statistical area (within the meaning of section 143(k)(2)(B)), or (B) which are determined by the Secretary of Agriculture to be rural areas. (c) Period of designations (1) In general The Secretary of Housing and Urban Development and the Secretary of the Agriculture shall, acting jointly, designate 20 areas as Promise Zones before January 1, 2017. (2) Effective dates of designations The designation of any Promise Zone shall take effect— (A) for purposes of priority consideration in Federal grant programs and initiatives (other than this part), upon execution of the Promise Zone agreement, and (B) for purposes of this part, on January 1 of the first calendar year beginning after the date of the execution of the Promise Zone agreement. (3) Termination of designations The designation of any Promise Zone shall end on the earlier of— (A) the end of the 10-year period beginning on the date that such designation takes effect, or (B) the date of the revocation of such designation. (4) Application to certain Zones already designated In the case of any area designated as a Promise Zone by the Secretary of Housing and Urban Development and the Secretary of Agriculture before the date of the enactment of this Act, such area shall be taken into account as a Promise Zone designated under this section and shall reduce the number of Promise Zones remaining to be designated under paragraph (1). (d) Limitations on designations No area may be designated under this section unless— (1) the entities nominating the area have the authority to nominate the area of designation under this section, (2) such entities provide written assurances satisfactory to the Secretary of Housing and Urban Development and the Secretary of Agriculture that the competitiveness plan described in the application under subsection (e) for such area will be implemented and that such entities will provide the Secretary of Housing and Urban Development and the Secretary of Agriculture with such data regarding the economic conditions of the area (before, during, and after the area’s period of designation as a Promise Zone) as such Secretary may require, and (3) the Secretary of Housing and Urban Development and the Secretary of Agriculture determine that any information furnished is reasonably accurate. (e) Application No area may be designated under this section unless the application for such designation— (1) demonstrates that the nominated area satisfies the eligibility criteria described in subsection (a), (2) includes a competitiveness plan which— (A) addresses the need of the nominated area to attract investment and jobs and improve educational opportunities, (B) leverages the nominated area’s economic strengths and outlines targeted investments to develop competitive advantages, (C) demonstrates collaboration across a wide range of stakeholders, (D) outlines a strategy which connects the nominated area to drivers of regional economic growth, and (E) proposes a strategy for focusing on increased access to high quality affordable housing and improved public safety. (f) Selection criteria From among the nominated areas eligible for designation under this section, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall designate Promise Zones on the basis of— (1) the effectiveness of the competitiveness plan submitted under subsection (e) and the assurances made under subsection (d), and (2) unemployment rates, poverty rates, vacancy rates, crime rates, and such other factors as the Secretary of Housing and Urban Development and the Secretary of Agriculture may identify, including household income, home-ownership, labor force participation, and educational attainment, and (3) other criteria as determined by the Secretary of Housing and Urban Development and the Secretary of Agriculture. The Secretary of Housing and Urban Development and the Secretary of Agriculture may set minimal standards for the levels of unemployment and poverty that must be satisfied for designation as a Promise Zone. 1400V–2. Promise Zone employment credit (a) Amount of credit For purposes of section 38, the amount of the Promise Zone employment credit determined under this section with respect to any employer for any taxable year is the applicable percentage of the qualified wages paid or incurred during the calendar year which ends with or within such taxable year. (b) Applicable percentage For purposes of this section, the term applicable percentage (1) in the case of qualified wages described in subsection (c)(1)(A), 20 percent, and (2) in the case of qualified wages described in subsection (c)(1)(B), 10 percent. (c) Qualified wages For purposes of this section— (1) In general The term qualified wages (A) a qualified zone employee, or (B) a qualified resident employee. (2) Only first $15,000 of wages per year taken into account With respect to each qualified employee, the amount of qualified wages taken into account for a calendar year shall not exceed $15,000. (3) Coordination with work opportunity credit (A) In general The term qualified wages (B) Coordination with dollar limitation The $15,000 amount in paragraph (2) shall be reduced for any calendar year by the amount of wages paid or incurred during such year which are taken into account in determining the credit under section 51. (4) Wages The term wages (d) Qualified employee For purposes of this section— (1) Qualified employee The term qualified employee (2) Qualified zone employee Except as otherwise provided in this subsection, the term qualified zone employee (A) substantially all of the services performed during such period by such employee for such employer are performed within a Promise Zone in a trade or business of the employer, and (B) the principal place of abode of such employee while performing such services is within a Promise Zone. (3) Qualified resident employee Except as otherwise provided in this subsection, the term qualified resident employee (4) Certain individuals not eligible The terms qualified zone employee qualified resident employee (e) Special rules Rules similar to the rules of section 1397 shall apply for purposes of this section. (f) Taxpayer reporting No credit shall be determined under this section with respect to any taxpayer for any taxable year unless such taxpayer provides the Secretary with such information as the Secretary may require to allow the Secretary to evaluate the effectiveness of the program established under this part. 1400V–3. Expensing of Promise Zone property (a) In general A taxpayer may elect to treat the cost of any Promise Zone property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the Promise Zone property is placed in service. (b) Promise Zone property For purposes of this section— (1) In general Except as otherwise provided in this subsection, the term Promise Zone property (A) which is— (i) tangible property (to which section 168 applies) with an applicable recovery period (within the meaning of section 168) of 20 years or less, (ii) water utility property described in section 168(e)(5), (iii) computer software described in section 179(d)(1)(A)(ii), or (iv) qualified leasehold improvement property (as defined in section 168(e)), (B) which is acquired by purchase (as defined in section 179(d)(2)) for use in the active conduct of a trade or business, and (C) which is originally placed in service by the taxpayer in a Promise Zone. (2) Exception for certain property Such term shall not include any property to which section 168(g) applies. (c) Election An election under this section shall be made under rules similar to the rules of section 179(c). (d) Coordination with section 179 For purposes of section 179, Promise Zone property shall not be treated as section 179 property. (e) Application of other rules Rules similar to the rules of paragraphs (3), (4), (5), (7), (9) and (10) of section 179(d) shall apply for purposes of this section. (f) Taxpayer reporting This section shall not apply with respect to any taxpayer for any taxable year unless such taxpayer provides the Secretary with such information as the Secretary may require to allow the Secretary to evaluate the effectiveness of the program established under this part. . (b) Conforming amendments (1) Section 38(b) of such Code is amended by striking plus , plus (37) the Promise Zone employment credit determined under section 1400V–2. . (2) The table of parts for subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item: Part IV—Promise Zones . (c) Effective date The amendments made by this section shall apply to taxable years ending after December 31, 2014.

Promise Zone Job Creation Act of 2014

Stop Exploitation Through Trafficking Act of 2014 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to give preferential consideration in awarding Community Oriented Police Services (COPS) grants to an application from an applicant in a state that has in effect a law that: (1) treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; (2) discourages or prohibits the charging or prosecution of such individual for a prostitution or sex trafficking offense based on such conduct; or (3) encourages the diversion of such an individual to appropriate service providers, including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services. Amends the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) to require the Attorney General's annual report on federal agencies that are implementing provisions relating to the Interagency Task Force to Monitor and Combat Trafficking to include information on the activities of such agencies in cooperation with state, tribal, and local law enforcement officials to identify, investigate, and prosecute the following offenses: (1) sex trafficking by force, fraud, or coercion or with a minor; (2) sexual exploitation of children; (3) the selling and buying of children; (4) transportation with intent that the victim engage in illegal sexual activity; (5) coercion or enticement to travel for illegal sexual activity; and (6) transportation of minors for illegal sexual activity. Requires such information to include: (1) the number of individuals required by a court order to pay restitution in connection with a violation of each offense and the amount of such restitution; and (2) the age, gender, race, country of origin, country of citizenship, and description of the role of individuals convicted under each offense. Amends the VTVPA to require the Secretary of Health and Human Services (HHS), annually beginning in FY2017, to make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. Amends the Workforce Investment Act of 1998 to include victims of a severe form of trafficking in persons among those eligible for the Job Corps without being required to demonstrate low-income eligibility. Authorizes the United States Marshals Service to assist state, local, and other federal law enforcement agencies, upon request, in locating and recovering missing children. Directs the Attorney General to implement and maintain a National Strategy for Combating Human Trafficking that includes: (1) integrated federal, state, local, and tribal efforts to investigate and prosecute human trafficking cases; (2) case coordination within the Department of Justice (DOJ); (3) annual budget priorities and federal efforts dedicated to preventing and combating human trafficking; (4) an ongoing assessment of future trends, challenges, and opportunities; and (5) encouragement of cooperation, coordination, and mutual support between the private sector and federal agencies to combat human trafficking.

113 S2599 PCS: Stop Exploitation Through Trafficking Act of 2014 U.S. Senate 2014-07-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 464 113th CONGRESS 2d Session S. 2599 IN THE SENATE OF THE UNITED STATES July 14, 2014 Ms. Klobuchar Mr. Cornyn Ms. Heitkamp Mr. Kirk Mr. Booker Mr. McCain Mrs. Gillibrand Mr. Hoeven Ms. Stabenow Mr. Coats Ms. Hirono Ms. Ayotte Ms. Mikulski Mr. Wicker Mr. Blumenthal Ms. Baldwin Mr. Franken July 15, 2014 Read the second time and placed on the calendar A BILL To stop exploitation through trafficking. 1. Short title This Act may be cited as the Stop Exploitation Through Trafficking Act of 2014 2. Safe Harbor Incentives Part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.) is amended— (1) in section 1701(c), by striking where feasible where feasible, to an application— (1) for hiring and rehiring additional career law enforcement officers that involves a non-Federal contribution exceeding the 25 percent minimum under subsection (g); or (2) from an applicant in a State that has in effect a law that— (A) treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; (B) discourages or prohibits the charging or prosecution of an individual described in subparagraph (A) for a prostitution or sex trafficking offense, based on the conduct described in subparagraph (A); and (C) encourages the diversion of an individual described in subparagraph (A) to appropriate service providers, including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services. ; and (2) in section 1709, by inserting at the end the following: (5) commercial sex act 22 U.S.C. 7102 (6) minor (7) severe form of trafficking in persons 22 U.S.C. 7102 . 3. Report on restitution paid in connection with certain trafficking offenses Section 105(d)(7)(Q) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(d)(7)(Q)) is amended— (1) by inserting after 1590, 1591, (2) by striking and 1594 1594, 2251, 2251A, 2421, 2422, and 2423 (3) in clause (iv), by striking and (4) in clause (v), by striking and (5) by inserting after clause (v) the following: (vi) the number of individuals required by a court order to pay restitution in connection with a violation of each offense under title 18, United States Code, the amount of restitution required to be paid under each such order, and the amount of restitution actually paid pursuant to each such order; and (vii) the age, gender, race, country of origin, country of citizenship, and description of the role in the offense of individuals convicted under each offense; and . 4. National human trafficking hotline Section 107(b)(2) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: (B) National human trafficking hotline Beginning in fiscal year 2017 and each fiscal year thereafter, of amounts made available for grants under this paragraph, the Secretary of Health and Human Services shall make grants for a national communication system to assist victims of severe forms of trafficking in persons in communicating with service providers. The Secretary shall give priority to grant applicants that have experience in providing telephone services to victims of severe forms of trafficking in persons. . 5. Job corps eligibility Section 144(3) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2884(3) (F) A victim of a severe form of trafficking in persons (as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7102 . 6. 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. . 7. Establishing a national strategy to combat human trafficking (a) In general The Attorney General shall implement and maintain a National Strategy for Combating Human Trafficking (referred to in this section as the National Strategy (b) Required contents of national strategy The National Strategy shall include the following: (1) Integrated Federal, State, local, and tribal efforts to investigate and prosecute human trafficking cases, including— (A) the development by each United States attorney, in consultation with State, local, and tribal government agencies, of a district-specific strategic plan to coordinate the identification of victims and the investigation and prosecution of human trafficking crimes; (B) the appointment of not fewer than 1 assistant United States attorney in each district dedicated to the prosecution of human trafficking cases or responsible for implementing the National Strategy; (C) the participation in any Federal, State, local, or tribal human trafficking task force operating in the district of the United States attorney; and (D) any other efforts intended to enhance the level of coordination and cooperation, as determined by the Attorney General. (2) Case coordination within the Department of Justice, including specific integration, coordination, and collaboration, as appropriate, on human trafficking investigations between and among the United States attorneys, the Human Trafficking Prosecution Unit, the Child Exploitation and Obscenity Section, and the Federal Bureau of Investigation. (3) Annual budget priorities and Federal efforts dedicated to preventing and combating human trafficking, including resources dedicated to the Human Trafficking Prosecution Unit, the Child Exploitation and Obscenity Section, the Federal Bureau of Investigation, and all other entities that receive Federal support that have a goal or mission to combat the exploitation of adults and children. (4) An ongoing assessment of the future trends, challenges, and opportunities, including new investigative strategies, techniques, and technologies, that will enhance Federal, State, local, and tribal efforts to combat human trafficking. (5) Encouragement of cooperation, coordination, and mutual support between private sector and other entities and organizations and Federal agencies to combat human trafficking, including the involvement of State, local, and tribal government agencies to the extent Federal programs are involved. July 15, 2014 Read the second time and placed on the calendar

Stop Exploitation Through Trafficking Act of 2014

UAC State Notification Act of 2014 - Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to direct the Secretary of Homeland Security (DHS) or the Secretary of Health and Human Services (HHS) to notify the governor of a state within 48 hours before transferring to the state an unaccompanied alien child in the Secretary's custody.

113 S2600 IS: UAC State Notification Act of 2014 U.S. Senate 2014-07-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2600 IN THE SENATE OF THE UNITED STATES July 14, 2014 Mr. Johanns Mrs. Fischer Committee on the Judiciary A BILL To require notification of a Governor of a State if an unaccompanied alien child is transferred to the State and for other purposes. 1. Short title This Act may be cited as the UAC State Notification Act of 2014 2. Notification of State Governors Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (j) Notification to States The Secretary of Homeland Security or the Secretary of Health and Human Services shall notify the Governor of a State not later than 48 hours prior to the transfer of an unaccompanied alien child in the custody of such Secretary to such State. .

UAC State Notification Act of 2014

Risk Hedging Protection Act of 2014 - Amends the Commodity Exchange Act, with respect to futures commission merchants registration requirements and duties, to require that any rules or regulations requiring a futures commission merchant to maintain a residual interest in accounts held for the benefit of customers in amounts at least sufficient to exceed the sum of all their customers' uncollected margin deficits must also provide that such a merchant meets the residual interest requirement as of the end of each business day calculated as of the close of business on the previous business day.

113 S2601 IS: Risk Hedging Protection Act of 2014 U.S. Senate 2014-07-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2601 IN THE SENATE OF THE UNITED STATES July 15, 2014 Mr. Roberts Ms. Heitkamp Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Commodity Exchange Act to ensure futures commission merchant compliance. 1. Short title This Act may be cited as the Risk Hedging Protection Act of 2014 2. Futures commission merchant compliance (a) In general Section 4d(a) of the Commodity Exchange Act ( 7 U.S.C. 6d(a) (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) by striking Sec. 4 It shall be unlawful Sec. 4 dealing by unregistered futures commission merchants or introducing merchants prohibited. (a) Registration requirements and duties (1) In general It shall be unlawful ; and (3) by adding at the end the following: (2) Residual interest requirement Any rules or regulations requiring a futures commission merchant to maintain a residual interest in accounts held for the benefit of customers in amounts at least sufficient to exceed the sum of all uncollected margin deficits of the customers shall provide that a futures commission merchant shall meet the residual interest requirement as of the end of each business day calculated as of the close of business on the previous business day. . (b) Conforming amendments (1) Section 4d of the Commodity Exchange Act ( 7 U.S.C. 6d (A) in subsection (b), by striking paragraph (2) of this section subsection (a)(1)(B) (B) in subsection (h), by striking Notwithstanding subsection (a)(2) Notwithstanding subsection (a)(1)(B) (2) Section 15(c)(3)(C) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o(c)(3)(C) 4d(a)(2) 4d(a)(1)(B)

Risk Hedging Protection Act of 2014

Kisatchie National Forest Land Conveyance Act - Authorizes the Department of Agriculture to sell specified federal land in Winn Parish, Louisiana. Requires USDA to sell a portion of that land to Collins Camp Properties for the Collins Campsites. Requires sale proceeds to be used for the acquisition of lands and interests in the Kisatchie National Forest in Louisiana.

113 S2603 IS: Kisatchie National Forest Land Conveyance Act U.S. Senate 2014-07-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2603 IN THE SENATE OF THE UNITED STATES July 15, 2014 Mr. Vitter Committee on Agriculture, Nutrition, and Forestry A BILL To provide for the conveyance of certain National Forest System land in the State of Louisiana. 1. Short title This Act may be cited as the Kisatchie National Forest Land Conveyance Act 2. Finding Congress finds that it is in the public interest to authorize the conveyance of certain Federal land in the Kisatchie National Forest in the State of Louisiana for market value consideration. 3. Definitions In this Act: (1) Collins camp properties The term Collins Camp Properties (2) Secretary The term Secretary (3) State The term State 4. Authorization of conveyances (a) Authorization (1) In general Subject to valid existing rights and subsection (b), the Secretary may convey the Federal land described in paragraph (2) by quitclaim deed at public or private sale, including competitive sale by auction, bid, or other methods. (2) Description of land The Federal land referred to in paragraph (1) consists of— (A) all Federal land within sec. 9, T. 10 N., R. 5 W., Winn Parish, Louisiana; and (B) a 2.16-acre parcel of Federal land located in the SW¼ of sec. 4, T. 10 N., R. 5 W., Winn Parish, Louisiana, as depicted on a certificate of survey dated March 7, 2007, by Glen L. Cannon, P.L.S. 4436. (b) First right of purchase Subject to valid existing rights and section 6, during the 1-year period beginning on the date of enactment of this Act, on the provision of consideration by the Collins Camp Properties to the Secretary, the Secretary shall convey, by quitclaim deed, to Collins Camp Properties all right, title and interest of the United States in and to— (1) not more than 47.92 acres of Federal land comprising the Collins Campsites within sec. 9, T. 10 N., R. 5 W., in Winn Parish, Louisiana, as generally depicted on a certificate of survey dated February 28, 2007, by Glen L. Cannon, P.L.S. 4436; and (2) the parcel of Federal land described in subsection (a)(2)(B). (c) Terms and conditions The Secretary may— (1) configure the Federal land to be conveyed under this Act— (A) to maximize the marketability of the conveyance; or (B) to achieve management objectives; and (2) establish any terms and conditions for the conveyances under this Act that the Secretary determines to be in the public interest. (d) Consideration Consideration for a conveyance of Federal land under this Act shall be— (1) in the form of cash; and (2) in an amount equal to the market value of the Federal land being conveyed, as determined under subsection (e). (e) Market value The market value of the Federal land conveyed under this Act shall be determined— (1) in the case of Federal land conveyed under subsection (b), by an appraisal that is— (A) conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) approved by the Secretary; or (2) if conveyed by a method other than the methods described in subsection (b), by competitive sale. (f) Hazardous substances (1) In general In any conveyance of Federal land under this Act, the Secretary shall meet disclosure requirements for hazardous substances, but shall otherwise not be required to remediate or abate the substances. (2) Effect Nothing in this section otherwise affects the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 42 U.S.C. 9601 et seq. 5. Proceeds from the sale of land (a) Deposit of receipts The Secretary shall deposit the proceeds of a conveyance of Federal land under section 4 in the fund established under Public Law 90–171 Sisk Act 16 U.S.C. 484a (b) Use of funds Amounts deposited under subsection (a) shall be available to the Secretary until expended, without further appropriation, for the acquisition of land and interests in land in the Kisatchie National Forest in the State. 6. Administration (a) Costs As a condition of a conveyance of Federal land to Collins Camp Properties under section 4, the Secretary shall require Collins Camp Properties to pay at closing— (1) reasonable appraisal costs; and (2) the cost of any administrative and environmental analyses required by law (including regulations). (b) Permits (1) In general An offer by Collins Camp Properties for the acquisition of the Federal land under section 4 shall be accompanied by a written statement from each holder of a Forest Service special use authorization with respect to the Federal land that specifies that the holder agrees to relinquish the special use authorization on the conveyance of the Federal land to Collins Camp Properties. (2) Special use authorizations If any holder of a special use authorization described in paragraph (1) fails to provide a written authorization in accordance with that paragraph, the Secretary shall require, as a condition of the conveyance, that Collins Camp Properties administer the special use authorization according to the terms of the special use authorization until the date on which the special use authorization expires.

Kisatchie National Forest Land Conveyance Act

Chattahoochee-Oconee National Forest Land Adjustment Act of 2014 - Authorizes the Department of Agriculture (USDA) to sell or exchange any or all interest of the United States in 30 tracts of National Forest System land in Georgia totaling approximately 3,841 acres. Authorizes USDA to reserve any rights-of-way or other rights or interests in land sold or exchanged under this Act that is considered necessary for management purposes or to protect the public interest. Prohibits USDA from selling or exchanging land under this Act for less than market value, as determined by an appraisal or through a competitive bid. Requires proceeds to be used for the acquisition of land for national forest purposes in Georgia.

113 S2604 IS: Chattahoochee-Oconee National Forest Land Adjustment Act of 2014 U.S. Senate 2014-07-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2604 IN THE SENATE OF THE UNITED STATES July 15, 2014 Mr. Chambliss Mr. Isakson Committee on Agriculture, Nutrition, and Forestry A BILL To authorize the sale of certain National Forest System land in the State of Georgia. 1. Short title This Act may be cited as the Chattahoochee-Oconee National Forest Land Adjustment Act of 2014 2. Findings and definition (a) Findings Congress finds that— (1) certain National Forest System land in the State of Georgia consists of isolated tracts that are inefficient to manage or have lost their principal value for National Forest purposes; (2) the disposal of that land would be in the public interest; and (3) proceeds from the sale of land authorized by this Act would be used best by the Forest Service to purchase land for National Forest purposes in the State of Georgia. (b) Definition of Secretary In this Act, the term Secretary 3. Land conveyance authority (a) In general The Secretary is authorized, under such terms and conditions as the Secretary may prescribe to sell or exchange any or all rights, title, and interest of the United States in the National Forest System land described in subsection (b). (b) Land authorized for disposal (1) In general The National Forest System land subject to sale or exchange under this Act are 30 tracts of land totaling approximately 3,841 acres, which are generally depicted on 2 maps entitled Priority Land Adjustments, State of Georgia, U.S. Forest Service–Southern Region, Oconee and Chattahoochee National Forests, U.S. Congressional Districts–8, 9, 10 & 14 (2) Maps The maps described in paragraph (1) shall be on file and available for public inspection in the Office of the Forest Supervisor, Chattahoochee-Oconee National Forest, until such time as the land is sold or exchanged. (3) Modification of boundaries The Secretary may modify the boundaries of the land described in paragraph (1) based on land management considerations. (c) Form of conveyance (1) Quitclaim deed The Secretary shall convey land sold under this Act by quitclaim deed. (2) Reservations The Secretary may reserve any rights-of-way or other rights or interests in land sold or exchanged under this Act that the Secretary considers necessary for management purposes or to protect the public interest. (d) Valuation (1) Market value The Secretary may not sell or exchange land under this Act for less than market value, as determined by appraisal or through competitive bid. (2) Appraisal requirements Any appraisal shall be— (A) consistent with the Uniform Appraisal Standards for Federal Land Acquisitions or the Uniform Standards of Professional Appraisal Practice; and (B) subject to the approval of the Secretary. (e) Consideration (1) Cash Consideration for a sale of land or equalization of an exchange shall be paid in cash. (2) Exchange Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any land exchanged. (f) Method of sale (1) Options The Secretary may sell land under subsection (a) at public or private sale, including competitive sale by auction, bid, or otherwise, in accordance with such terms, conditions, and procedures as the Secretary determines are in the best interest of the United States. (2) Solicitations The Secretary may— (A) make public or private solicitations for the sale or exchange of land authorized by this Act; and (B) reject any offer that the Secretary determines is not adequate or not in the public interest. (g) Brokers The Secretary may— (1) use brokers or other third parties in the disposition of the land authorized by this Act; and (2) from the proceeds of a sale, pay reasonable commissions or fees. 4. Treatment of proceeds (a) Deposit The Secretary shall deposit the proceeds of a sale authorized by this Act in the fund established under Public Law 90–171 Sisk Act 16 U.S.C. 484a (b) Availability Subject to subsection (c), amounts deposited under subsection (a) shall be available to the Secretary until expended, without further appropriation, for the acquisition of land for National Forest purposes in the State of Georgia. (c) Private property protection Nothing in this Act authorizes the use of funds deposited under subsection (a) to be used to acquire land without the written consent of the owner of the land.

Chattahoochee-Oconee National Forest Land Adjustment Act of 2014

Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act - Amends the National Defense Authorization Act for Fiscal Year 2008 to extend the pilot program to assess the effectiveness of providing assistance to eligible veterans with traumatic brain injury to enhance their rehabilitation, quality of life, and community integration. Requires that at least one location of the program be in each health care region of the Veterans Health Administration that contains a polytrauma center of the Department of Veterans Affairs (VA). (Under current law, selected locations also must include any location other than one described above in an area that contains a high concentration of veterans with traumatic brain injuries.) Expands requirements for reports on the pilot program. Replaces references to "assisted living" with the term "community-based brain injury residential rehabilitative care," including rehabilitation services within the meaning of such care. Requires a veteran, in order to be eligible for such services, to have a traumatic brain injury that is classified as complex-mild to severe.

113 S2607 IS: Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act U.S. Senate 2014-07-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2607 IN THE SENATE OF THE UNITED STATES July 15, 2014 Mr. Booker Mr. Heller Committee on Veterans' Affairs A BILL To extend and modify the pilot program of the Department of Veterans Affairs on assisted living services for veterans with traumatic brain injury, and for other purposes. 1. Short title This Act may be cited as the Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act 2. Findings Congress finds the following: (1) The wars in Iraq and Afghanistan have resulted in a generation of veterans with traumatic brain injuries. (2) Since 2001, more than 265,000 members of the Armed Forces have suffered traumatic brain injuries. (3) Since 2001, more than 26,000 members of the Armed Forces have suffered moderate or severe head wounds. (4) Advances in medicine have kept members of the Armed Forces alive who have suffered head wounds that might have killed them in previous conflicts. (5) The pilot program of the Department of Veterans Affairs to assess the effectiveness of providing assisted living services to eligible veterans to enhance the rehabilitation, quality of life, and community integration of such veterans required by section 1705(a) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 38 U.S.C. 1710C (6) The model of care practiced under the pilot program specified in paragraph (5) has yielded impressive results and helped rehabilitate dozens of veterans from severe injuries that are notoriously difficult to treat. (7) The Department of Veterans Affairs does not offer to veterans any alternatives to the pilot program specified in paragraph (5) that replicate— (A) the comprehensiveness of the rehabilitative care provided under such program; (B) the benefit of providing care under such program in a residential setting; and (C) the significant positive impact on veterans of the sustained, longer-term care provided under such program. 3. Extension and modification of pilot program on assisted living services for veterans with traumatic brain injury (a) Extension of program Subsection (a) of section 1705 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 38 U.S.C. 1710C a five-year an eight-year (b) Modification of locations Subsection (b) of such section is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by striking paragraph (1) and inserting the following new paragraphs: (1) In general The pilot program shall be carried out at locations selected by the Secretary for purposes of the pilot program. (2) Located in same region as polytrauma centers Of the locations selected under paragraph (1), at least one location shall be in each health care region of the Veterans Health Administration of the Department of Veterans Affairs that contains a polytrauma center of the Department of Veterans Affairs. . (c) Modification of report requirements Subsection (e) of such section is amended to read as follows: (e) Reports (1) Annual report (A) In general Not later than two years after the date of the enactment of the Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act (B) Elements Each report submitted under subparagraph (A) shall include the following: (i) The number of individuals that participated in the pilot program during the year preceding the submission of the report. (ii) The number of individuals that successfully completed the pilot program during the year preceding the submission of the report. (iii) The degree to which pilot program participants and family members of pilot program participants were satisfied with the pilot program. (iv) The interim findings and conclusions of the Secretary with respect to the success of the pilot program and recommendations for improvement. (2) Final report (A) In general Not later than 60 days after the completion of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a final report on the pilot program. (B) Elements The final report required by subparagraph (A) shall include the following: (i) A description of the pilot program. (ii) An assessment of the utility of the activities under the pilot program in enhancing the rehabilitation, quality of life, and community reintegration of veterans with traumatic brain injury, including complex mild traumatic brain injury. (iii) Such recommendations as the Secretary considers appropriate regarding improving the pilot program. . (d) Modification of definitions (1) Community-based brain injury residential rehabilitative care services Such section is further amended— (A) in the section heading, by striking assisted living community-based brain injury residential rehabilitative care (B) in subsection (c), in the subsection heading, by striking assisted living community-Based brain injury residential rehabilitative care (C) by striking assisted living community-based brain injury rehabilitative care (D) in subsection (f)(1), by striking and personal care rehabilitation, and personal care (2) Eligible veteran Subsection (f)(3) of such section is amended— (A) in subparagraph (C), by striking ; and (B) in subparagraph (D), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (E) has a traumatic brain injury that is classified as complex-mild to severe. . (e) Authorization of appropriations There is authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2015 $46,000,000 to carry out the pilot program under section 1705 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 38 U.S.C. 1710C (f) Effective date The amendments made by this section shall take effect on October 1, 2014.

Assisted Living Pilot Program for Veterans with Traumatic Brain Injury Extension Act

Improved National Monument Designation Process Act - Amends the Antiquities Act of 1906 to bar the President from declaring any area of the exclusive economic zone to be a national monument unless: the declaration is specifically authorized by an Act of Congress; the President has submitted a proposal to make such declaration to the governor of each state, and of each territory, any part of which is located within 100 nautical miles of the proposed national monument; each governor submits to the President a notice that the legislature of that state or territory has approved the proposal; and the declaration is substantially the same as the proposal. Prohibits the Department of the Interior or the Department of Commerce, with respect to any area of the exclusive economic zone that is designated as a national monument, from implementing any restrictions on the public use of such a national monument until the expiration of a review period providing for public input and congressional approval.

113 S2608 IS: Improved National Monument Designation Process Act U.S. Senate 2014-07-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2608 IN THE SENATE OF THE UNITED STATES July 15, 2014 Ms. Murkowski Committee on Energy and Natural Resources A BILL To provide for congressional approval of national monuments and restrictions on the use of national monuments, to establish requirements for the declaration of marine national monuments, and for other purposes. 1. Short title This Act may be cited as the Improved National Monument Designation Process Act 2. Designation of national monuments The Act of June 8, 1906 (commonly known as the Antiquities Act of 1906 16 U.S.C. 431 et seq. (1) in section 2 ( 16 U.S.C. 431 (A) by striking Sec. 2. 2. Designation of national monuments (a) In general After obtaining congressional approval of the proposed national monument and certifying compliance with the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. ; and (B) by adding at the end the following: (b) Requirements for declaration of marine national monuments (1) Definition of exclusive economic zone In this subsection, the term exclusive economic zone (2) Requirements The President may not declare any area of the exclusive economic zone to be a national monument unless— (A) the declaration is specifically authorized by an Act of Congress; (B) the President has submitted to the Governor of each State and each territory, any part of which is located within 100 nautical miles of the proposed national monument, a proposal to make the declaration; (C) the Governor of each State and territory described in subparagraph (B) submits to the President notice that the legislature of the State or territory has approved the proposal submitted under that paragraph; and (D) the declaration is substantially the same as the proposal submitted under subparagraph (B). ; and (2) by adding at the end the following: 5. Restrictions on public use The Secretary of the Interior, or the Secretary of Commerce, with respect to any area of the exclusive economic zone (as defined in section 2(b)(1)) designated as a national monument, shall not implement any restrictions on the public use of a national monument until the expiration of an appropriate review period (as determined by the Secretary of the Interior or the Secretary of Commerce, as applicable) providing for public input and congressional approval. .

Improved National Monument Designation Process Act

Marketplace and Internet Tax Fairness Act - Authorizes each member state under the Streamlined Sales and Use Tax Agreement (the multistate agreement for the administration and collection of sales and use taxes adopted on November 12, 2002) to require all sellers not qualifying for a small-seller exception (applicable to sellers with annual gross receipts in total U.S. remote sales not exceeding $1 million) to collect and remit sales and use taxes with respect to remote sales under provisions of that Agreement, but only if changes to such Agreement made after the enactment of this Act are not in conflict with the minimum simplification requirements of this Act (providing for a single state entity for all tax administration, audits, and returns of remote sales sourced to the state). Defines "remote sale" as a sale of goods or services into a state in which the seller would not legally be required to pay, collect, or remit state or local sales and use taxes unless provided by this Act. Amends the Internet Tax Freedom Act to extend until November 1, 2024: (1) the ban on state and local taxation of Internet access and on multiple or discriminatory taxes on electronic commerce, and (2) the exemption from such ban for states that generally imposed and actually enforced a tax on internet access prior to October 1, 1998.

113 S2609 PCS: Marketplace and Internet Tax Fairness Act U.S. Senate 2014-07-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 467 113th CONGRESS 2d Session S. 2609 IN THE SENATE OF THE UNITED STATES July 15, 2014 Mr. Enzi Mr. Durbin Mr. Alexander Ms. Heitkamp Ms. Collins Mr. Pryor Ms. Landrieu Mr. Blunt Mr. Reed Mr. Whitehouse Mr. Cardin Mr. Johnson of South Dakota Ms. Klobuchar Mr. Franken July 16, 2014 Read the second time and placed on the calendar A BILL To restore States' sovereign rights to enforce State and local sales and use tax laws, and for other purposes. 1. Short title This Act may be cited as the Marketplace and Internet Tax Fairness Act I Marketplace Fairness 101. Authorization to require collection of sales and use taxes (a) Streamlined sales and use tax agreement Each Member State under the Streamlined Sales and Use Tax Agreement is authorized to require all sellers not qualifying for the small seller exception described in subsection (c) to collect and remit sales and use taxes with respect to remote sales sourced to that Member State pursuant to the provisions of the Streamlined Sales and Use Tax Agreement, but only if any changes to the Streamlined Sales and Use Tax Agreement made after the date of the enactment of this Act are not in conflict with the minimum simplification requirements in subsection (b)(2). Subject to section 102(h), a State may exercise authority under this title beginning 180 days after the State publishes notice of the State’s intent to exercise the authority under this title. (b) Alternative A State that is not a Member State under the Streamlined Sales and Use Tax Agreement is authorized notwithstanding any other provision of law to require all sellers not qualifying for the small seller exception described in subsection (c) to collect and remit sales and use taxes with respect to remote sales sourced to that State, but only if the State adopts and implements the minimum simplification requirements in paragraph (2). Subject to section 102(h), such authority shall commence beginning no earlier than the first day of the calendar quarter that is at least 6 months after the date that the State— (1) enacts legislation to exercise the authority granted by this title— (A) specifying the tax or taxes to which such authority and the minimum simplification requirements in paragraph (2) shall apply; and (B) specifying the products and services otherwise subject to the tax or taxes identified by the State under subparagraph (A) to which the authority of this title shall not apply; and (2) implements each of the following minimum simplification requirements: (A) Provide, with respect to all remote sales sourced to the State— (i) a single entity within the State responsible for all State and local sales and use tax administration, return processing, and audits; (ii) a single audit of a remote seller for all State and local taxing jurisdictions within that State; and (iii) a single sales and use tax return to be used by remote sellers to be filed with the single entity responsible for tax administration. A State may not require a remote seller to file sales and use tax returns any more frequently than returns are required for nonremote sellers or impose requirements on remote sellers that the State does not impose on nonremote sellers with respect to the collection of sales and use taxes under this title. No local jurisdiction may require a remote seller to submit a sales and use tax return or to collect sales and use taxes other than as provided by this paragraph. (B) Provide a uniform sales and use tax base among the State and the local taxing jurisdictions within the State with respect to products and services to which paragraph (1)(B) does not apply. (C) Source all remote sales in compliance with the sourcing definition set forth in section 103(7). (D) (i) Make publicly available information indicating the taxability of products and services along with any product and service exemptions from sales and use tax in the State and a rates and boundary database. (ii) Provide software free of charge for remote sellers that calculates sales and use taxes due on each transaction at the time the transaction is completed, that files sales and use tax returns, and that is updated to reflect any rate changes and any changes to the products and services specified under paragraph (1)(B), as described in subparagraph (H); and (iii) Establish certification procedures for persons to be approved as certified software providers, with any software provided by such providers to be capable of calculating and filing sales and use taxes in all States qualified under this title. (E) Relieve remote sellers from liability to the State or locality for the incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of an error or omission made by a certified software provider. (F) Relieve certified software providers from liability to the State or locality for the incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of misleading or inaccurate information provided by a remote seller. (G) Relieve remote sellers and certified software providers from liability to the State or locality for incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of incorrect information or software provided by the State. (H) Provide remote sellers and certified software providers with 90 days notice of any rate change or any change to the products and services specified under paragraph (1)(B) by the State or any locality in the State and update the information described in subparagraph (D)(i) accordingly and relieve any remote seller or certified software provider from liability for collecting sales and use taxes at the immediately preceding effective rate during the 90-day notice period if the required notice is not provided. (c) Small seller exception A State is authorized to require a remote seller to collect sales and use taxes under this title only if the remote seller has gross annual receipts in total remote sales in the United States in the preceding calendar year exceeding $1,000,000. For purposes of determining whether the threshold in this section is met, the gross annual receipts from remote sales of 2 or more persons shall be aggregated if— (1) such persons are related to the remote seller within the meaning of subsections (b) and (c) of section 267 or section 707(b)(1) (2) such persons have 1 or more ownership relationships and such relationships were designed with a principal purpose of avoiding the application of these rules. 102. Limitations (a) In general Nothing in this title shall be construed as— (1) subjecting a seller or any other person to franchise, income, occupation, or any other type of taxes, other than sales and use taxes; (2) affecting the application of such taxes; or (3) enlarging or reducing State authority to impose such taxes. (b) No effect on nexus This title shall not be construed to create any nexus or alter the standards for determining nexus between a person and a State or locality. (c) No effect on seller choice Nothing in this title shall be construed to deny the ability of a remote seller to deploy and utilize a certified software provider of the seller's choice. (d) Licensing and regulatory requirements Nothing in this title shall be construed as permitting or prohibiting a State from— (1) licensing or regulating any person; (2) requiring any person to qualify to transact intrastate business; (3) subjecting any person to State or local taxes not related to the sale of products or services; or (4) exercising authority over matters of interstate commerce. (e) No new taxes Nothing in this title shall be construed as encouraging a State to impose sales and use taxes on any products or services not subject to taxation prior to the date of the enactment of this Act. (f) No effect on intrastate sales The provisions of this title shall apply only to remote sales and shall not apply to intrastate sales or intrastate sourcing rules. States granted authority under section 101(a) shall comply with all intrastate provisions of the Streamlined Sales and Use Tax Agreement. (g) No effect on Mobile Telecommunications Sourcing Act Nothing in this title shall be construed as altering in any manner or preempting the Mobile Telecommunications Sourcing Act ( 4 U.S.C. 116–126 (h) Limitation on initial collection of sales and use taxes from remote sales A State may not begin to exercise the authority under this title— (1) before the date that is 1 year after the date of the enactment of this Act; and (2) during the period beginning October 1 and ending on December 31 of the first calendar year beginning after the date of the enactment of this Act. 103. Definitions and special rules In this title: (1) Certified software provider The term certified software provider (A) provides software to remote sellers to facilitate State and local sales and use tax compliance pursuant to section 101(b)(2)(D)(ii); and (B) is certified by a State to so provide such software. (2) Locality; local The terms locality local (3) Member State The term Member State (A) means a Member State as that term is used under the Streamlined Sales and Use Tax Agreement as in effect on the date of the enactment of this Act; and (B) does not include any associate member under the Streamlined Sales and Use Tax Agreement. (4) Person The term person (5) Remote sale The term remote sale (6) Remote seller The term remote seller (7) Sourced For purposes of a State granted authority under section 101(b), the location to which a remote sale is sourced refers to the location where the product or service sold is received by the purchaser, based on the location indicated by instructions for delivery that the purchaser furnishes to the seller. When no delivery location is specified, the remote sale is sourced to the customer's address that is either known to the seller or, if not known, obtained by the seller during the consummation of the transaction, including the address of the customer's payment instrument if no other address is available. If an address is unknown and a billing address cannot be obtained, the remote sale is sourced to the address of the seller from which the remote sale was made. A State granted authority under section 101(a) shall comply with the sourcing provisions of the Streamlined Sales and Use Tax Agreement. (8) State The term State 25 U.S.C. 450b (9) Streamlined sales and use tax agreement The term Streamlined Sales and Use Tax Agreement 104. Severability If any provision of this title or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this title and the application of the provisions of such to any person or circumstance shall not be affected thereby. 105. Preemption Except as otherwise provided in this title, this title shall not be construed to preempt or limit any power exercised or to be exercised by a State or local jurisdiction under the law of such State or local jurisdiction or under any other Federal law. II Internet Tax Freedom Act 201. Extension of Internet Tax Freedom Act (a) In general Section 1101(a) of the Internet Tax Freedom Act ( 47 U.S.C. 151 November 1, 2014 November 1, 2024 (b) Grandfathering of States that tax Internet access Section 1104(a)(2)(A) of such Act is amended by striking November 1, 2014 November 1, 2024 July 16, 2014 Read the second time and placed on the calendar

Marketplace and Internet Tax Fairness Act

John P. Parker House Study Act - Directs the Secretary of the Interior to conduct a special resource study of the John P. Parker House in Ripley, Ohio, to determine the suitability and feasibility of establishing it as a unit of the National Park System.

113 S2610 IS: John P. Parker House Study Act U.S. Senate 2014-07-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2610 IN THE SENATE OF THE UNITED STATES July 15, 2014 Mr. Brown Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of establishing the John P. Parker House in Ripley, Ohio, as a unit of the National Park System. 1. Short title This Act may be cited as the John P. Parker House Study Act 2. Definitions In this Act: (1) Secretary The term Secretary (2) Study area The term study area 3. Special resource study of John P. Parker House (a) Study The Secretary shall conduct a special resource study of the study area to determine the suitability and feasibility of establishing the John P. Parker House in Ripley, Ohio, as a unit of the National Park System. (b) Study requirements The Secretary shall conduct the study in accordance with section 8 of the National Park System General Authorities Act ( 16 U.S.C. 1a–5 (c) Report Not later than 3 years after the date on which funds are made available to carry out this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (1) the results of the study; and (2) any recommendations of the Secretary.

John P. Parker House Study Act

Dynamic Repayment Act of 2014 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to make students ineligible to receive William D. Ford Federal Direct Loans (DLs) on or after July 1, 2015. Makes certain exceptions for student borrowers who have an outstanding balance on their DLs or Federal Family Education Loans (FFELs) as of that date and who later apply for a Direct Unsubsidized, PLUS, or Consolidation Loan. Establishes an Income Dependent Education Assistance (IDEA) Loan program, effective July 1, 2015, making federal funds available for loans to student borrowers who: (1) have no outstanding balance due on a DL or FFEL, or (2) consolidate such loans into an IDEA Consolidation Loan. Sets forth the formulae for determining the interest rates on IDEA Loans, which are capped at 8.25% for undergraduate students and 9.25% for graduate or professional students. Blocks the accrual of interest on IDEA Loans for active duty military personnel. Makes an IDEA Loan eligible for loan forgiveness after: (1) 20 years of payments if the borrower begins repayment with an outstanding balance that does not equal or exceed the maximum aggregate amount of Direct Unsubsidized Loans that an undergraduate student borrower would have been eligible to borrow but for this Act; and (2) 30 years if the borrower begins repayment with an outstanding balance equal to or greater than that amount. Allows student borrowers to consolidate FFELs, DLs, and Perkins Loans into IDEA Consolidation Loans that bear interest at an annual rate that equals the weighted average of the interest rates on the loans consolidated. Establishes the IDEA Loan Repayment program under which: (1) the Secretary of the Treasury provides the Secretary of Education with the tax information needed to determine each borrower's income-based repayment obligation; and (2) those obligations are withheld from the borrower's wages. Allows borrowers to opt-out of the withholding process and make payments on a monthly basis. Sets the annual repayment obligation for borrowers at an amount equal to 10% of the excess of their taxable income over the sum of: (1) an exemption amount equal to $10,000, adjusted for inflation; and (2) the lesser of $3,000 or specified income other than wages, salaries, tips, and other employee compensation. Sets the income-based repayment obligation of individuals who are not required to file a federal tax return at zero. Allows borrowers to prepay all or part of an IDEA Loan without penalty. Penalizes borrowers who fail to pay their full repayment amount for a taxable year. Makes specified FFEL and DL loan repayment or forgiveness programs applicable to IDEA Loans. Amends the Social Security Act to require the Secretary of Health and Human Services (HHS) to provide the Secretary of Education with information in the National Directory of New Hires regarding IDEA Loan borrowers for the purpose of improving the collection of such loans. Amends the Internal Revenue Code to require the Secretary of the Treasury to disclose borrowers' tax return information to the Department of Education for purposes of the IDEA Loan Repayment program. Excludes IDEA Loan forgiveness from a borrower's gross income for income tax purposes.

113 S2612 IS: Dynamic Repayment Act of 2014 U.S. Senate 2014-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2612 IN THE SENATE OF THE UNITED STATES July 16, 2014 Mr. Warner Mr. Rubio Committee on Finance A BILL To simplify and improve the Federal student loan program through income-contingent repayment to provide stronger protections for borrowers, encourage responsible borrowing, and save money for taxpayers. 1. Short title This Act may be cited as the Dynamic Repayment Act of 2014 2. Termination of authority to make Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS Loans to students under the William D. Ford Federal Direct Loan Program Section 455(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(a) (4) Termination of authority to make federal direct stafford loans, federal direct unsubsidized stafford loans, and federal direct plus loans to students under this part (A) In general Notwithstanding any provision of this part or part B, for any period of instruction beginning on or after July 1, 2015— (i) a student shall not be eligible to receive a Federal Direct Stafford Loan under this part; and (ii) a student shall not be eligible to receive a Federal Direct Unsubsidized Stafford Loan or Federal Direct PLUS Loan under this part, except as provided in subparagraph (B). (B) Exceptions Subparagraph (A)(ii) shall not be applicable with respect to the following: (i) Existing student borrowers A student who, as of July 1, 2015, has an outstanding balance of principal or interest owing on any loan made, insured, or guaranteed under part B or this part may continue to be eligible to borrow a loan under this part, except for a Federal Direct Stafford Loan, in accordance with subparagraph (C) until June 30, 2019. (ii) Parent plus loans An excepted PLUS loan or excepted consolidation loan (as such terms are defined in section 493C(a)) under this part that is made to a parent on behalf of an undergraduate dependent student. (iii) Federal direct consolidation loans A Federal Direct Consolidation Loan under this part. (C) Maximum annual amounts of federal direct unsubsidized stafford loans The maximum annual amount of Federal Direct Unsubsidized Stafford Loans a student described in subparagraph (B)(i) may borrow in an academic year (as defined in section 481(a)(2)) or its equivalent shall be the maximum annual amount for such student determined under section 428H, plus an amount equal to the amount of Federal Direct Stafford Loans the student would have received in the absence of subparagraph (A)(i). . 3. Establishment of the income dependent education assistance loan program and the IDEA loan repayment program Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following: J Income dependent education assistance loans 1 IDEA loans 499A. Program authority and agreements (a) Program authority (1) In general There are authorized to be appropriated, in accordance with the provisions of this part, such sums as may be necessary to make loans to all eligible students in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions beginning July 1, 2015. Loans made under this part shall be made by participating institutions, or consortia thereof, that have agreements with the Secretary to originate loans, or by alternative originators designated by the Secretary to make loans for students in attendance at participating institutions. (2) Designation The program established under this subpart shall be referred to as the Income Dependent Education Assistance Loan Program IDEA Loan Program (b) Funds for the origination of IDEA loans The Secretary shall provide funds for student loans under this part in the same manner as the Secretary provided funds for the origination of Federal Direct Student Loans under part D in accordance with section 452 on the day before the date of enactment of the Dynamic Repayment Act of 2014 Dynamic Repayment Act of 2014 (c) Selection of institutions for participation and origination, and agreements with institutions (1) Selection of institutions for participation and origination The Secretary shall enter into agreements with institutions of higher education to participate in the IDEA Loan Program under this part and agreements with institutions of higher education, or consortia thereof, to originate loans in such program for academic years beginning on or after July 1, 2015. The provisions of section 453 as in effect on the day before the date of enactment of the Dynamic Repayment Act of 2014 Dynamic Repayment Act of 2014 (2) Participation and origination agreements with institutions An agreement with any institution of higher education for participation in the IDEA Loan Program under this part, and an agreement with any institution of higher education, or consortia thereof, to originate loans in such program, shall have the same terms as the terms required under section 454 as in effect on the day before the date of enactment of the Dynamic Repayment Act of 2014 (3) Withdrawal and termination procedures The Secretary shall establish procedures by which institutions or consortia may withdraw or be terminated from the program under this part. 499B. Terms and conditions of IDEA loans (a) Parallel terms, conditions, benefits, and amounts Unless otherwise specified in this part, Income Dependent Education Assistance Loans (referred to in this part as IDEA Loans Dynamic Repayment Act of 2014 (b) Eligible borrowers (1) In general In addition to the requirements of section 484, to be eligible to receive a loan (other than an IDEA Consolidation Loan) under this part, a borrower— (A) shall be an individual who, on the date of application for such loan, has no outstanding balance of principal or interest owing on any loan made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a))); or (B) in the case of an individual with an outstanding balance of principal or interest owing on any loan described in subparagraph (A), shall consolidate all such existing loans into an IDEA Consolidation Loan under section 499C. (2) Only student borrowers eligible For purposes of this part, the term borrower (c) Annual and aggregate limits (1) In general Subject to paragraph (2), the maximum annual amount of IDEA Loans in any academic year (as defined in section 481(a)(2)) or its equivalent, and the maximum aggregate amount of IDEA Loans that a student may borrow, shall be the maximum annual amounts and maximum aggregate amounts, respectively, of Federal Direct Unsubsidized Stafford Loans under part D that such student would have been eligible to borrow in the absence of section 455(a)(4), as added by the Dynamic Repayment Act of 2014 (2) Graduate and professional students eligible for PLUS loans In the case of a graduate or professional student who would have been eligible to borrow a Federal Direct PLUS Loan under part D in the absence of section 455(a)(4), as added by the Dynamic Repayment Act of 2014 (d) Loan fee The Secretary shall charge the borrower of a loan (other than an IDEA Consolidation Loan) made under this part an origination fee. Such fee shall be the sum of— (1) for the portion of the principal amount of the loan that is equal to (or less than) the maximum annual amount a student may borrow under subsection (c)(1), 1.0 percent of such portion of the principal amount of the loan; plus (2) for the portion of the principal amount of the loan that exceeds the maximum annual amount a student may borrow under subsection (c)(1), as authorized by subsection (c)(2), 4.0 percent of such portion of the principal amount of the loan. (e) Interest rates (1) Undergraduate students With respect to IDEA Loans made to undergraduate students for which the first disbursement is made on or after July 1, 2015, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of— (A) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1, plus 2.05 percent; or (B) 8.25 percent. (2) Graduate and professional students With respect to IDEA Loans made to graduate or professional students for which the first disbursement is made on or after July 1, 2015, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of— (A) the rate determined under paragraph (1)(A), except that 3.6 percent 2.05 percent (B) 9.25 percent. (3) Consultation The Secretary shall determine the applicable rate of interest under paragraphs (1) and (2) after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register as soon as practicable after the date of determination. (4) Application of interest rate during the life of the loan (A) In-school deferment period Interest shall accrue and be capitalized or paid by the borrower (but periodic installments of principal need not be paid) during the in-school deferment period with respect to an IDEA Loan. For the purposes of this part, the in-school deferment period with respect to an IDEA Loan is the first period during which the borrower is pursuing at least one-half the normal full-time academic workload (as determined by the institution) in the course of study for which the borrower received such loan and ending on the first day of the first month that begins after the borrower ceases to carry at least one-half the normal full-time academic workload (as determined by the institution) in the course of study. (B) Grace and repayment periods Interest that accrues during the borrower’s grace period (for the purposes of this title, defined as the period between the borrower’s in-school deferment period and the borrower’s repayment period) and during the borrower’s repayment period shall not be capitalized. (f) Armed forces student loan interest payment program Using funds received by transfer to the Secretary under section 2174(f)(2) (g) No accrual of interest for active duty service members (1) In general Notwithstanding any other provision of this part and in accordance with paragraphs (2) and (4), interest shall not accrue for an eligible military borrower on a loan made under this part for which the first disbursement is made on or after July 1, 2015. (2) IDEA consolidation loans In the case of any IDEA Consolidation loan made under this part that is disbursed on or after July 1, 2015, interest shall not accrue pursuant to this subsection only on such portion of such loan as was used to repay a loan made under part D for which the first disbursement is made on or after October 1, 2008. (3) Eligible military borrower In this subsection, the term eligible military borrower (A) (i) is serving on active duty during a war or other military operation or national emergency; or (ii) is performing qualifying National Guard duty during a war or other military operation or national emergency; and (B) is serving in an area of hostilities in which service qualifies for special pay under section 310 (4) Limitation An individual who qualifies as an eligible military borrower under this subsection may receive the benefit of this subsection for not more than 60 months. (h) Loan cancellation and discharge The Secretary shall discharge a borrower’s liability on a loan made under this part in accordance with subsections (a) and (c) of section 437. (i) Loan forgiveness A loan made under this part shall be eligible for loan forgiveness under the following conditions: (1) After 20 years of payments pursuant to section 499F for borrowers who begin repayment with an outstanding balance of principal and interest that is less than the maximum aggregate amount of IDEA Loans that an undergraduate student may borrow as provided under subsection (c). (2) After 30 years of payments pursuant to section 499F for borrowers who begin repayment with an outstanding balance of principal and interest that is equal to or greater than the maximum aggregate amount of IDEA Loans that an undergraduate student may borrow as provided under subsection (c). 499C. IDEA consolidation loans (a) IDEA consolidation loans (1) In general Except as otherwise provided in this section, an IDEA Consolidation Loan under this section shall have the same terms, conditions, and benefits as IDEA Loans made under this part. (2) Borrower and loan eligibility To be eligible to receive an IDEA Consolidation Loan under this section, a borrower— (A) shall— (i) meet the criteria described in section 428C(a)(3)(A); and (ii) in the case of a borrower described in section 499B(b)(1)(B), agree to consolidate into an IDEA Consolidation Loan all loans made to the borrower that are described in subparagraphs (A) and (C) of section 428C(a)(4) (other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a))); (B) may consolidate the loans described in subparagraphs (B), (D), and (E) of section 428C(a)(4) into such IDEA Consolidation Loan; and (C) may not consolidate an IDEA Loan made under section 499B into such IDEA Consolidation Loan. (3) Requirements for the secretary In making IDEA Consolidation Loans under this section, the Secretary— (A) shall ensure that— (i) each IDEA Consolidation Loan will be made, notwithstanding any other provision of this title limiting the annual or aggregate principal amount for all loans made to the borrower, in an amount that is equal to the sum of the unpaid principal, interest, penalties, and fees of all loans received by the borrower which are selected by the borrower for consolidation under this section; and (ii) the proceeds of each IDEA Consolidation Loan will be paid by the Secretary to the holder or holders of the loans being consolidated to discharge the liability on such loans; (B) shall not discriminate against any borrower seeking such an IDEA Consolidation Loan— (i) based on the number or type of loans the borrower seeks to consolidate; (ii) based on the interest rate to be charged to the borrower with respect to the consolidation loan; or (iii) based on the type or category of institution of higher education that the borrower attends or attended; and (C) shall disclose to a prospective borrower, in simple and understandable terms, at the time the Secretary provides an application for an IDEA Consolidation Loan— (i) whether consolidation would result in a loss of loan benefits under part B or part D, including loan forgiveness, cancellation, and deferment; (ii) with respect to Federal Perkins Loans under part E— (I) that if a borrower includes a Federal Perkins Loan under part E in the consolidation loan, the borrower will lose all interest-free periods that would have been available for the Federal Perkins Loan, including— (aa) the periods during which no interest accrues on such loan while the borrower is enrolled in school at least half-time; (bb) the grace period under section 464(c)(1)(A); and (cc) the periods during which the borrower’s student loan repayments are deferred under section 464(c)(2); (II) that if a borrower includes a Federal Perkins Loan in the consolidation loan, the borrower will no longer be eligible for cancellation of part or all of the Federal Perkins Loan under section 465(a); and (III) the occupations listed in section 465 that qualify for Federal Perkins Loan cancellation under section 465(a); (iii) the options of the borrower to prepay the IDEA Consolidation Loan; (iv) the consequences of default on the IDEA Consolidation Loan; and (v) that by applying for an IDEA Consolidation Loan, the borrower is not obligated to agree to take the consolidation loan. (b) Interest rate Notwithstanding section 499B(e), an IDEA Consolidation Loan for which the application is received on or after July 1, 2015, shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of one percent. Interest that accrues on such an IDEA Consolidation Loan shall not be capitalized. 2 IDEA Loan Repayment Program 1 Establishment of the IDEA Loan Repayment Program 499D. Duties of the Secretary of the Treasury (a) In general As part of the IDEA Loan Repayment Program established under this subpart, the Secretary of the Treasury shall, with respect to each individual for whom a loan made under this part is in repayment status during a taxable year, transmit to the Secretary of Education— (1) in the case of such an individual who files an income tax return for such taxable year, such tax information as is necessary to determine the individual’s income-based repayment obligation under section 499E; and (2) in the case of any such individual who does not file a return for such taxable year, any available tax information of the individual as may be necessary to determine such obligation and whether such individual is in default under the terms of such loan for not so filing. (b) Additional program requirements The Secretary of the Treasury shall establish such other policies, procedures, and guidance as may be necessary to carry out the purposes of this subpart, including measures to prevent underreporting and evasion of repayment or filing. 499E. Duties of the Secretary of Education (a) In general The Secretary shall carry out, as part of the IDEA Loan Repayment Program established under this subpart, the following activities: (1) Calculation of annual repayment amounts The Secretary shall calculate the annual repayment amount under this subpart for borrowers with 1 or more loans made under this part in repayment status, including the income-based repayment obligations of such borrowers in accordance with section 499F(i). (2) Communication with the secretary of the treasury The Secretary shall transmit to the Secretary of the Treasury such information as is necessary for the Secretary of the Treasury to carry out section 499F(i). (3) Annual statements Upon calculating the annual repayment amounts under paragraph (1) for a taxable year, the Secretary shall provide a statement, on an annual basis, to each borrower with a loan made under this part, which lists the following: (A) Total payments made on the borrower’s annual repayment amount for such taxable year. (B) The borrower’s annual repayment amount for such taxable year. (C) In the case of a borrower who, according to section 499F(f), has underpaid such annual repayment amount, the amount of such underpayment and the process for paying such underpayment under section 499F(f)(2). (D) In the case of a borrower with an overpayment on such annual repayment amount, the amount of such overpayment and the process for requesting a refund of such amount under section 499F(g), if applicable. (E) The outstanding balances on all the loans made to the borrower under this part. (F) A description of how the borrower’s annual repayment amount was calculated under paragraph (1) or (2) of section 499F(b). (4) Direct payment The Secretary shall enable a borrower to make direct payments on the borrower’s annual repayment amount for the taxable year to the Secretary throughout the year. (5) Payments on a borrower's behalf The Secretary shall— (A) provide a mechanism for other individuals or entities to make payments on the annual repayment amount of a borrower for a taxable year; and (B) notify the borrower that any payments made under subparagraph (A) for the taxable year that exceed the annual repayment amount for the year shall not be refunded to the borrower. (6) Calculating interest accrued The Secretary shall calculate the interest accrued for the taxable year as if the borrower’s payments under wage withholding under paragraph (10) for the taxable year were made in 12 equal increments throughout the year. (7) Appeals process The Secretary shall make available a process through which a borrower can appeal the calculation of the borrower’s annual repayment amount, including a worksheet that enables a borrower to calculate the borrower’s annual repayment amount. (8) Default for failure to file a return In a case in which the Secretary receives information from the Secretary of the Treasury under section 499D that a borrower with a loan made under this part in repayment status has failed to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 and such borrower was required to file such a return, the Secretary shall— (A) notify the borrower of the borrower’s failure to file such a return; and (B) if the borrower fails to file such a return within 90 days of receipt of the notice described in subparagraph (A), consider the borrower’s loans made under this part in repayment status to be in default. (9) Withholding opt-out The Secretary shall establish a process through which a borrower can indicate that the borrower would like to opt-out of the withholding process under subsection (b) and, in lieu of such process, make payments on a monthly basis, as described in subsection (c). (10) Employer withholding The Secretary shall establish a process that meets the requirements of subsection (b) under which employers making payment of wages deduct and withhold upon such wages amounts determined in accordance with subsection (b)(3) with respect to an employee— (A) who has a loan made under this part that is in repayment status; (B) who has not opted out of the withholding process under this paragraph; and (C) who is not in a forbearance period under section 499F(a)(2)(C). (11) Monthly payments process The Secretary shall establish a monthly payments process described in subsection (c). (b) Requirements for employer withholding (1) Withholding orders In carrying out the employer withholding process under subsection (a)(10), the Secretary shall carry out the following: (A) New employment Upon determining, using the information provided under section 453(j)(12) of the Social Security Act ( 42 U.S.C. 653(j)(12) (B) Other purposes Upon notification by a borrower that the borrower no longer wishes to opt out of the withholding process under subsection (a)(10) or that a borrower who has been in forbearance under section 499F(a)(2)(C), voluntarily ends or no longer qualifies for such forbearance, or upon determining that a borrower has entered repayment status on 1 or more loans made under this part (and the borrower had no loans made under this part already in repayment status), using the information provided under section 453(j)(12) of the Social Security Act (42 U.S.C. 653(j)(12)), issue a withholding order to all of the borrower’s employers directing such employers to withhold and transmit the amounts described in paragraph (3) to the Secretary. (C) Stop withholding order Upon determining that a borrower is eligible for a forbearance under section 499F(a)(2)(C), that the borrower has opted out of the withholding process under subsection (a)(10), or that a borrower has repaid the borrower’s loans made under this part, using the information provided under paragraph 12 of section 453(j)(12) of the Social Security Act ( 42 U.S.C. 653(j)(12) (D) Transfer of payments Outline clearly the process through which employers shall transfer money withheld under this subsection to the Secretary. (E) Electronic transmission (i) In general Make available electronic means of transmitting and processing both withholding orders and payments from employers, including a means to correct under- and overpayments to the extent feasible, with the goal of streamlining the processing of such orders and payments and minimizing impacts on employers. (ii) No requirement to use electronic transmission Nothing in this part shall be construed to require an employer, in carrying out a withholding order under this section, to use the electronic process described in clause (i). (2) Employer remittance (A) In general In the case where an employer has received a withholding order under subparagraph (A) or (B) of paragraph (1) or the employee has indicated under paragraph (4)(A) that the employee has a loan that meets the requirements of subparagraphs (A) through (C) of subsection (a)(10), and the employer has not subsequently received an order to stop withholding under paragraph (1)(C) for such employee, the employer shall withhold and transmit the amounts described in paragraph (3) to the Secretary as directed under paragraph (1)(D) and shall be liable for, and the Secretary, as appropriate, may sue the employer in a State or Federal court of competent jurisdiction to recover any amount that such employer fails to withhold from wages with respect to an employee after being directed to do so for such employee, plus attorneys’ fees, costs, and, in the court’s discretion, punitive damages. Such employer shall not be required to vary the normal pay and disbursement cycles in order to comply with this subparagraph. (B) Timing An employer transmitting to the Secretary withholding payments under this subsection shall transmit such payments on a periodic basis, as determined by the employer but not less frequently than quarterly. (3) Withholding amount The amount withheld by an employer for each pay period with respect to any employee for whom the employer is withholding under this subsection shall be an amount equal to the sum of— (A) the amount that results from the employer withholding— (i) 10 percent of the employee’s wages for such pay period that will count towards the employee’s annual repayment amount under section 499F(b) that is in excess of the employee’s exemption amount for such pay period (as determined by dividing the employee’s exemption amount under section 499F(i)(3) by the number of pay periods for the taxable year); or (ii) in a case in which an employee requests that such exemption amount not be taken into account, 10 percent of the employee’s wages for such pay period that will count towards the employee’s annual repayment amount under section 499F(b); and (B) any additional amounts the employee wishes to have withheld in accordance with paragraph (4)(C). (4) Withholding preferences The Secretary shall provide forms and procedures to allow an employee to indicate to the employee’s employer— (A) that the employee has a loan that meets the requirements of subparagraphs (A) through (C) of subsection (a)(10) and therefore the employer shall withhold payments under this subsection; (B) that the employer shall not take into account the exemption amount to which the employee is eligible under this part in determining the employee’s withholding amount because the exemption amount has already been taken into account with respect to such employee; and (C) an election by the employee to have amounts withheld in addition to the employee’s withholding amount as calculated under paragraph (3). (5) Employee protection An employer may not discharge from employment, refuse to employ, or take disciplinary action against an individual subject to wage withholding in accordance with this section by reason of the fact that the individual’s wages have been subject to withholding under this section, nor may an employer require that an individual opt-out under subsection (a)(9) and such individual may sue in a State or Federal court of competent jurisdiction any employer who takes such action. The court shall award attorneys’ fees to a prevailing employee and, in its discretion, may order reinstatement of the individual, award punitive damages and back pay to the employee, or order such other remedy as may be reasonably necessary. (6) Garnishment For purposes of title III of the Consumer Credit Protection Act ( 15 U.S.C. 1671 et seq. (A) not be considered a garnishment; and (B) be considered to be amounts required by law to be withheld. (c) Monthly payments process (1) In general The Secretary shall establish a process under which a borrower may make monthly payments towards the borrower’s annual repayment amount, at any time in the taxable year, because the borrower— (A) has opted-out of withholding under subsection (a)(10); or (B) expects to have income that is not subject to the withholding process described in subsection (b). (2) Information required The procedure for initiating the monthly payments process under paragraph (1) shall include the following: (A) Income estimate A requirement for a borrower to provide an estimate of the borrower’s income for the taxable year that will count towards the borrower’s income-based repayment obligation, excluding, in the case of a borrower subject to the withholding process, any income subject to the withholding process. (B) Amortization schedule In the case of a borrower who has opted out of the withholding process, the ability for the borrower to indicate that the borrower would like the borrower’s monthly payments set such that the borrower’s outstanding loans made under this part would be repaid within a specified number of years. (3) Monthly payments amounts The Secretary shall set the borrower’s monthly payment amount to the greater of— (A) the difference between the borrower’s annual repayment amount that would result given the income estimate provided by the borrower under paragraph (2)(A) and the payments the borrower has already made in the year towards such amount (excluding, for borrowers who have not opted-out of withholding, payments through the withholding process), divided by the remaining months in the taxable year; or (B) for a borrower who indicates a time frame under paragraph (2)(B), the monthly payment amount that would result in the borrower’s currently outstanding loans made under this part being repaid within the number of years specified by the borrower. (4) Automatic continuation The monthly payments process shall continue until— (A) the borrower elects to stop such payments; or (B) the borrower’s loans made under this part are repaid. (5) Updating payment amounts (A) Secretary The Secretary shall automatically recalculate a borrower’s monthly payment amount at the beginning of a new taxable year using the most recent income estimate provided under paragraph (2)(A) by the borrower. (B) Borrower The borrower may update the borrower’s income estimate under paragraph (2)(A) at any time. 2 Borrower repayment of IDEA loans and IDEA consolidation loans 499F. Borrower repayment (a) Repayment period The repayment period of a loan made under this part shall— (1) begin on the first day of the first taxable year that begins after the borrower’s in-school deferment period, or in the case of an IDEA Consolidation Loan, on the first day of the first taxable year that begins after such Consolidation Loan is disbursed; and (2) continue until the loan is paid in full, except that the Secretary may grant a borrower forbearance of the borrower’s annual repayment amount— (A) for a period not to exceed 60 days, due to administrative or technical reasons; (B) for a period not to exceed 3 months, due to unusual circumstances that disrupt the borrower’s ability to make timely payments on the loan; or (C) renewable at 12-month intervals for a period not to exceed 3 years, due to documented extreme economic hardship on the part of a borrower. (b) Annual repayment amount The annual repayment amount under this part for a taxable year for a borrower with 1 or more loans made under this part in repayment status shall be equal to the lesser of— (1) the income-based repayment obligation for such borrower for such year, as calculated under section 499E(a)(1); or (2) an amount equal to the sum of the outstanding balances (equal to the sum of the unpaid principal, interest, penalties, and fees) that the borrower owes on such loans. (c) Methods of repayment A borrower who expects to have an annual repayment amount for the taxable year that is greater than the amount specified in subsection (f)(1)(D) shall make payments through the following methods: (1) With respect to any wages earned by the borrower that are subject to Federal income tax withholding, the withholding process described in section 499E(a)(10). (2) The monthly payments process described in section 499E(c), to meet the portion of the borrower’s obligation that is not paid through withholding, or, in the case of a borrower who opts out of the withholding process, to meet the borrower’s entire obligation. (3) The direct payments process under section 499E(a)(4). (4) The process described in section 499E(a)(5) that allows other individuals or entities to make payments on the borrower’s annual repayment amount for the year. (d) Order of crediting Payments on loans made under this part shall be applied, without regard to the method of such payments, first toward penalties due on the loans, next toward any fees due on the loans, then toward any interest due on the loans, and finally toward the principal due on the loan with the highest applicable rate of interest among such loans. (e) Prepayment authorized A borrower shall have the right to prepay all or part of such loan, at any time and without penalty. Any such prepayment amount will be applied to loans made under this part in the same order as described in subsection (d). (f) Underpayments (1) Penalties for underpayments (A) In general Subject to subparagraph (C), if, as of the last day of a taxable year, a borrower has not paid at least 90 percent of the borrower’s annual repayment amount for such year, the borrower shall be charged a penalty in an amount equal to 10 percent of the difference between— (i) an amount equal to 90 percent of the borrower’s annual repayment amount for such year; and (ii) the amount paid on such annual repayment amount as of such day. (B) Increase of annual repayment amount A borrower’s annual repayment amount calculated under subsection (b) for such year shall be increased by the amount of such penalty, but such penalty shall not be treated as a principal or interest amount for a loan made under this part. (C) Exception for meeting the obligation for the previous year A borrower who has paid 100 percent of the borrower’s annual repayment amount for the taxable year preceding the taxable year described in subparagraph (A) shall not be subject to the penalty under this paragraph for the taxable year described in subparagraph (A). (D) De minimus exception A borrower whose annual repayment amount is less than $300 shall not be subject to the penalty under this paragraph for the taxable year described in subparagraph (A). (2) Reconciling underpayments (A) In general If, as of the last day of a taxable year, the sum of the payments made on a borrower’s annual repayment amount for such year is less than the total amount of the borrower’s annual repayment amount for such year, the borrower— (i) in the case of the first year that the borrower has a difference between such amounts— (I) may request, in such manner as the Secretary shall require, that the Secretary reduce the borrower’s annual repayment amount for such year to the sum of— (aa) the payments made, as of such day, on the borrower’s annual repayment amount for such year; and (bb) any penalties calculated under paragraph (1) resulting from such underpayment; and (II) if the borrower qualifies for the reduction requested under subclause (I), shall pay the sum calculated under such subclause at such time and in such manner as required by the Secretary; (ii) if the borrower does not qualify for a reduction under clause (i) or does not request such a reduction, shall pay to the Secretary an amount equal to the difference between such amounts within the 30-day period beginning on the date of receipt by the borrower of the borrower’s annual statement described in section 499E(a)(3) for such year; or (iii) if the borrower fails to pay the amount owed by the borrower as calculated under clause (ii) within the 30-day period, shall be charged a penalty equal to 2 percent of such amount for each month (prorated based on the percentage of a month such penalty is charged) that such amount is owed or until the borrower defaults on the loan for which such amount is owed, whichever occurs first. (B) Default A loan for which an amount is owed under subparagraph (A) and that is not paid within 270 days after the date of receipt by the borrower of the borrower’s annual statement described in section 499E(a)(3) shall be considered to be in default. (g) Overpayments If, as of the last day of a taxable year, the sum of the payments made on a borrower’s annual repayment amount for such year is greater than the total amount of the borrower’s annual repayment amount for such year, the Secretary shall— (1) refund the overpayment amount, if the borrower notifies the Secretary, within the 90-day period beginning on the date of receipt of the borrower’s annual statement described in section 499E(a)(3) for such year and in a manner prescribed by the Secretary, that the borrower desires to have the overpayment amount refunded; or (2) if a borrower fails to notify the Secretary of the borrower’s desire for a refund of such amount within such 90-day period, apply such amount as a prepayment to the borrower’s loans made under this part in the same manner as a prepayment authorized under subsection (e). (h) Employer failure To withhold payments In the case of a borrower whose employer fails to withhold amounts under section 499E(b) upon any wages earned by the borrower that are subject to Federal income tax withholding and with respect to which the borrower made an election to have amounts withheld under such section, the Secretary shall— (1) reduce the borrower’s annual repayment to an amount equal to the borrower’s annual repayment amount had wages from such employer been excluded when calculating the borrower’s annual repayment amount; and (2) reduce any penalties for underpayments calculated under subsection (f)(1) and refund any overpayments on such annual repayment amount, accordingly. (i) Determination of income-Based repayment obligation (1) In general The income-based repayment obligation with respect to an individual for any taxable year is an amount equal to 10 percent of the excess of— (A) the sum of— (i) the wages, salaries, tips, and other employee compensation of the individual, but only if such amounts are includible in gross income for the taxable year (determined without regard to sections 911, 931, and 933 of the Internal Revenue Code of 1986) and are readily attributable to the individual, plus (ii) any other amount included in total income of the taxpayer for the taxable year but not described in clause (i), except that such amount shall be divided by 2 in the case of an individual who is married and filing a joint tax return, over (B) the sum of— (i) the exemption amount with respect to such individual, plus (ii) the lesser of the amount determined with respect to the taxpayer under subparagraph (A)(ii), or $3,000. (2) Exclusion of certain amounts paid on behalf of individual Any amount paid on the borrower's behalf under section 499E(a)(5) shall not be taken into account in determining such borrower's income-based repayment obligation. (3) Exemption amount For purposes of this subpart, the exemption amount with respect to an individual shall be $10,000 (adjusted each year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12-month period for which such data are available). (4) Individuals not filing a return The income-based repayment obligation with respect to an individual not required to file a return under section 6012(a)(1) . 4. Conforming changes to the Higher Education Act of 1965 (a) Loan forgiveness and cancellation for teachers (1) Loan forgiveness for teachers Section 428J of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10 (A) in subsection (b), by inserting or for an IDEA loan made under part J, or 428H, (B) in subsection (c)— (i) in paragraph (1), by inserting or an IDEA loan made under part J or 428H (ii) in paragraph (2)— (I) by striking A loan (A) Loans made under section 428C A loan ; and (II) by adding at the end the following: (B) IDEA consolidation loan A loan amount for an IDEA Consolidation Loan may be a qualified loan amount for purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Consolidation Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428, 428C, or 428H. . (2) Loan cancellation for teachers Section 460 of the Higher Education Act of 1965 ( 20 U.S.C. 1087j (A) in subsection (b), in the matter preceding paragraph (1), by inserting or for an IDEA loan made under part J under this part (B) in subsection (c)— (i) in paragraph (1), by striking or a Federal Direct Unsubsidized Stafford Loan , a Federal Direct Unsubsidized Stafford Loan, or an IDEA loan made under part J (ii) in paragraph (2)— (I) by striking A loan (A) Federal direct consolidation loan A loan ; and (II) by adding at the end the following new subparagraph: (B) IDEA consolidation loan A loan amount for an IDEA Consolidation Loan may be a qualified loan amount for purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Consolidation Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428, 428C, or 428H. . (b) Loan forgiveness for service in areas of national need Section 428K(a)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–11(a)(2) (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking the period at the end and inserting ; and (3) by adding at the end the following: (C) to cancel a qualified loan amount for a loan made under part J. . (c) Loan repayment for civil legal assistance attorneys Section 428L(b)(2)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–12(b)(2)(A) (1) in clause (i), by striking or part E , part E, or part J (2) in clause (ii)— (A) in the matter preceding subclause (I), by striking or 455(g) , 455(g), or 499C (B) in subclause (II), by striking or (C) by redesignating subclause (III) as subclause (IV); and (D) by inserting after subclause (II) the following: (III) a Federal Direct Consolidation loan or a loan made under section 428C, in the case of a loan made under section 499C; or . (d) Master promissory note Section 432(m)(1)(D) of the Higher Education Act of 1965 ( 20 U.S.C. 1082(m)(1)(D) (1) by striking this part and part D this part, part D, and part J (2) by striking this part or part D this part, part D, or part J (e) Contracts Section 456 of the Higher Education Act of 1965 ( 20 U.S.C. 1087f (1) in subsection (a)— (A) in paragraph (2), by striking this part this part or part J (B) in paragraph (4), by inserting or part J this part (2) in subsection (b)— (A) in paragraph (1), by inserting or the program under part J (or their parents) (B) in paragraph (2), by inserting or part J this part (C) in paragraph (3), by inserting or part J this part (D) in paragraph (4), by inserting or the IDEA Loan Program loan program (f) Funds for administrative expenses Section 458(a)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1087h(a)(3) (1) by striking this part and part B this part, part B, and part J (2) by inserting before the period at the end the following: and part J (g) Student eligibility Section 484 of the Higher Education Act of 1965 ( 20 U.S.C. 1091 (1) in subsection (b)— (A) in paragraph (3), by striking or D , D, or E (B) in paragraph (4)(B), by striking or E E, or J (2) in subsection (d), by striking and E E, and J (3) in subsection (f), by striking or part E part E, or part J (4) in subsection (m), by striking and E E, and J (h) Institutional and financial assistance information for students Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 (1) in subsection (a)— (A) in paragraph (1)(M), by striking and E E, and J (B) in paragraph (7)(A)(i), by striking Loan) Loan) or part J (2) in subsection (b)— (A) in paragraph (1)(A)— (i) in the matter preceding clause (i), by inserting or made under part J part E (ii) in clause (vii)— (I) by inserting or an IDEA Consolidation Loan Federal Direct Consolidation Loan (II) by striking and E E, and J (B) in paragraph (2)(A), by striking or E E, or J (3) in subsection (l)(1)— (A) in subparagraph (A), in the matter preceding clause (i), by inserting or made under part J student) (B) in subparagraph (B), by striking or D , D, or J 5. National directory of new hires Section 453(j) of the Social Security Act ( 42 U.S.C. 653(j) (12) Information comparisons and disclosure to assist with collection of IDEA student loans (A) Furnishing of information by the secretary of education The Secretary of Education shall furnish to the Secretary, on such periodic basis as determined by the Secretary of Education in consultation with the Secretary, information in the custody of the Secretary of Education for comparison with information in the National Directory of New Hires, in order to obtain information in such Directory with respect to persons who have a loan made under part J of title IV of the Higher Education Act of 1965 in repayment status. (B) Requirement to seek minimum information The Secretary of Education shall seek information pursuant to this section only to the extent necessary to improve collection of the debts owed on the loans described in subparagraph (A). (C) Duties of the secretary (i) Information disclosure The Secretary, in cooperation with the Secretary of Education, shall compare information in the National Directory of New Hires with information provided by the Secretary of Education with respect to persons described in subparagraph (A) and shall disclose information in such Directory regarding such persons to the Secretary of Education in accordance with this paragraph, for the purposes specified in this paragraph. (ii) Condition on disclosure The Secretary shall make disclosures in accordance with clause (i) only to the extent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. (D) Prohibition and unauthorized use (i) In general Individual data collected under this paragraph shall not be used for any purpose not specifically authorized by Federal law. (ii) Penalties for unauthorized disclosure of data Any individual who willfully discloses information provided under this paragraph, in any manner to an entity not entitled to receive the information, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. (E) Use or disclosure of information by the secretary of education The Secretary of Education may use or disclose information provided under this paragraph only for purposes of collecting the debts owed on the loans described in subparagraph (A). (F) Reimbursement of HHS costs The Secretary of Education shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. (G) Compliance with FERPA In carrying out this paragraph, the Secretary and Secretary of Education shall not share any personally identifiable information and shall act in accordance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 . 6. Disclosure of return information for purposes of IDEA loan repayment program (a) In general Subsection (l) of section 6103 (23) Disclosure of return information to department of education for purposes of administering IDEA loan repayment program (A) In general The Secretary shall, upon written request, disclose to the Department of Education such return information as is necessary for purposes of carrying out the IDEA Loan Repayment Program established under subpart 2 of part J of the Higher Education Act of 1965. (B) Restriction on disclosure Return information disclosed under subparagraph (A) may be used by officers, employees, and contractors of the Department of Education only for purposes of, and to the extent necessary in determining income-based repayment obligations under the IDEA Loan Repayment Program. . (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 7. Exclusion for loan forgiveness of certain student loans (a) In general Paragraph (1) of section 108(f) of the Internal Revenue Code of 1986 is amended by striking any student loan if any student loan if— (A) such discharge was pursuant to a provision of such loan under which all or part of the indebtedness of the individual would be discharged if the individual worked for a certain period of time in certain professions for any of a broad class of employers, or (B) such discharge was pursuant to section 499B(i) of the Higher Education Act of 1965 (relating to the cancellation of loan liability). . (b) Effective Date The amendment made by subsection (a) shall apply to discharges of indebtedness after the date of enactment of this Act.

Dynamic Repayment Act of 2014

Secret Science Reform Act of 2014 - Amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to prohibit the Administrator of the Environmental Protection Agency (EPA) from proposing, finalizing, or disseminating a covered action unless all scientific and technical information relied on to support such action is specifically identified and publicly available in a manner sufficient for independent analysis and substantial reproduction of research results. Defines "covered action" as a risk, exposure, or hazard assessment, criteria document, standard, limitation, regulation, regulatory impact analysis, or guidance.

113 S2613 IS: Secret Science Reform Act of 2014 U.S. Senate 2014-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2613 IN THE SENATE OF THE UNITED STATES July 16, 2014 Mr. Barrasso Mr. Vitter Mr. Enzi Mr. Inhofe Mr. Risch Mr. Flake Mrs. Fischer Mr. Crapo Committee on Environment and Public Works A BILL To prohibit the Environmental Protection Agency from proposing, finalizing, or disseminating regulations or assessments based upon science that is not transparent or reproducible. 1. Short title This Act may be cited as the Secret Science Reform Act of 2014 2. Data transparency Section 6(b) of the Environmental Research, Development, and Demonstration Authorization Act of 1978 ( 42 U.S.C. 4363 (b) (1) The Administrator shall not propose, finalize, or disseminate a covered action unless all scientific and technical information relied on to support such covered action is— (A) specifically identified; and (B) publicly available in a manner that is sufficient for independent analysis and substantial reproduction of research results. (2) Nothing in the subsection shall be construed as requiring the public dissemination of information the disclosure of which is prohibited by law. (3) In this subsection— (A) the term covered action (B) the term scientific and technical information (i) materials, data, and associated protocols necessary to understand, assess, and extend conclusions; (ii) computer codes and models involved in the creation and analysis of such information; (iii) recorded factual materials; and (iv) detailed descriptions of how to access and use such information. .

Secret Science Reform Act of 2014

Idaho County Shooting Range Land Conveyance Act - Directs the Secretary of the Interior to convey to Idaho County in Idaho approximately 31 acres of land managed by the Bureau of Land Management (BLM) for use as a shooting range.

113 S2616 IS: Idaho County Shooting Range Land Conveyance Act U.S. Senate 2014-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2616 IN THE SENATE OF THE UNITED STATES July 16, 2014 Mr. Risch Mr. Crapo Committee on Energy and Natural Resources A BILL To require the Secretary of the Interior to convey certain Federal land to Idaho County in the State of Idaho, and for other purposes. 1. Short title This Act may be cited as the Idaho County Shooting Range Land Conveyance Act 2. Definitions In this Act: (1) County The term County (2) Map The term map Idaho County Land Conveyance (3) Secretary The term Secretary 3. Conveyance of land to Idaho County (a) In general As soon as practicable after notification by the County and subject to valid existing rights, the Secretary shall convey to the County, without consideration, all right, title, and interest of the United States in and to the Federal land described in subsection (b). (b) Description of land The Federal land referred to in subsection (a) consists of approximately 31 acres of land managed by the Bureau of Land Management and generally depicted on the map as Conveyance_Area (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 of Federal land 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 shooting range. (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 Federal land described in subsection (b). (f) Conditions As a condition of the conveyance under subsection (a), the County shall agree— (1) to pay any administrative costs associated with the conveyance, including the costs of any environmental, wildlife, cultural, or historic resources studies; (2) to release and indemnify the United States from any claims or liabilities that may arise from uses carried out on the Federal land described in subsection (b) on or before the date of enactment of this Act by the United States or any person; and (3) to accept such reasonable terms and conditions as the Secretary determines necessary.

Idaho County Shooting Range Land Conveyance Act

Davis-Bacon Repeal 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). States that references in any law to a wage requirement of the Davis-Bacon Act after enactment of this Act shall be null and void.

113 S2617 IS: Davis-Bacon Repeal Act U.S. Senate 2014-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2617 IN THE SENATE OF THE UNITED STATES July 16, 2014 Mr. Lee Mr. Vitter Mr. Cruz Mr. Scott Mr. Sessions Mr. Coburn Mr. Johnson of Wisconsin Mr. Cornyn Mr. Rubio Mr. Alexander Committee on Health, Education, Labor, and Pensions A BILL To repeal the wage rate requirements commonly known as the Davis-Bacon Act. 1. Short title This Act may be cited as the Davis-Bacon Repeal Act 2. Repeal of Davis-Bacon wage requirements (a) In general Subchapter IV of chapter 31 (b) Reference Any reference in any law to a wage requirement of subchapter IV of chapter 31 3. Effective date and limitation The amendment made by section 2 shall take effect 30 days after the date of the enactment of this Act but shall not affect any contract in existence on such date of enactment or made pursuant to invitation for bids outstanding on such date of enactment.

Davis-Bacon Repeal Act

Strong Families Act - Amends the Internal Revenue Code to allow certain employers a business-related tax credit for up to 25% of the amount of wages paid to their employees during any period (not exceeding 12 weeks) in which such employees are on family and medical leave. Limits the allowable amount of such credit to $4,000 per employee for any taxable year.

113 S2618 IS: Strong Families Act U.S. Senate 2014-07-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2618 IN THE SENATE OF THE UNITED STATES July 16, 2014 Mrs. Fischer Mr. King Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a credit to employers who provide paid family and medical leave. 1. Short title This Act may be cited as the Strong Families Act 2. Employer credit for paid family and medical leave (a) In general Subpart D of part IV of subchapter A of chapter 1 45S. Employer credit for paid family and medical leave (a) In general For purposes of section 38, in the case of an eligible employer, the paid family and medical leave credit is an amount equal to 25 percent of the amount of wages paid to qualifying employees during any period in which such employees are on family and medical leave. (b) Limitation The credit allowed under subsection (a) with respect to any employee shall not exceed $4,000 per employee per year. In the case of any employee who is not paid on an hourly basis, the wages of such employee shall be prorated to an hourly basis under regulations established by the Secretary, in consultation with the Secretary of Labor. (c) Eligible employer For purposes of this section— (1) In general The term eligible employer (A) all qualifying full-time employees with not less than 4 weeks of paid family and medical leave, (B) all qualifying employees who are not full-time employees with an amount of paid family and medical leave that bears the same ratio to 4 weeks as— (i) the number of hours the employee is expected to work during any week, bears to (ii) the number of hours an equivalent qualifying full-time employee is expected to work during the week, and (C) the maximum amount of time eligible employers may provide is twelve weeks. (2) Special rule for certain employers (A) In general An added employer shall not be treated as an eligible employer unless such employer provides paid family and medical leave under a policy with a provision that states that the employer— (i) will not interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under the policy, and (ii) will not discharge or in any other manner discriminate against any individual for opposing any practice prohibited by the policy. (B) Added employer; added employee For purposes of this paragraph— (i) Added employee The term added employee (ii) Added employer The term added employer (3) Treatment of State-paid benefits For purposes of paragraph (1), any leave which is paid by a State or local government shall not be taken into account in determining the amount of paid family and medical leave provided by the employer. (4) No inference Nothing in this subsection shall be construed as subjecting an employer to any penalty, liability, or other consequence (other than ineligibility for the credit allowed by reason of subsection (a)) for failure to comply with the requirements of this subsection. (d) Qualifying employees For purposes of this section, the term qualifying employee (e) Family and medical leave For purposes of this section, the term family and medical leave (f) Wages For purposes of this section, the term wages . (b) Credit part of general business credit Section 38(b) plus , plus (37) in the case of an eligible employer (as defined in section 45S(c)), the paid family and medical leave 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 the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45S. Employer credit for paid family and medical leave. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Strong Families Act

Grid Reliability Act of 2014 - Amends the Federal Power Act, with respect to temporary connection and exchange of facilities during an emergency, to direct the Federal Energy Regulatory Commission (FERC), if an order conflicts with any federal, state, or local environmental law or regulation, to ensure that the order: (1) requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest; (2) is consistent, to the maximum extent practicable, with federal, state, or local environmental law and regulations; and (3) minimizes any adverse environmental impacts. Shields from either civil or criminal liability, including a citizen suit under environmental law or regulation, those actions or omissions taken by a party to comply with an order issued pursuant to this Act, even if the order is subsequently stayed, modified, or set aside by a court. Declares that an order issued under this Act which may conflict with federal, state, or local environmental law or regulation expires within 90 days after its issuance date. Authorizes FERC to renew or reissue an order for subsequent 90-day periods if necessary to meet the emergency and serve the public interest.

113 S2620 IS: Grid Reliability Act of 2014 U.S. Senate 2014-07-17 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. 2620 IN THE SENATE OF THE UNITED STATES July 17, 2014 Mrs. McCaskill Mr. Blunt Committee on Environment and Public Works A BILL To amend the Federal Power Act to improve the reliability of the electric transmission grid, and for other purposes. 1. Short title This Act may be cited as the Grid Reliability Act of 2014 2. Grid reliability (a) Compliance under emergency orders Section 202(c) of the Federal Power Act ( 16 U.S.C. 824a(c) (1) by striking (c) During (c) Temporary connection and exchange of facilities during emergency (1) In general During ; (2) by striking If the parties (2) Terms If the parties ; and (3) by adding at the end the following: (3) Administration of orders conflicting with other laws In the case of an order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law (including a regulation), the Commission shall ensure that the order— (A) requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest; and (B) to the maximum extent practicable— (i) is consistent with any applicable Federal, State, or local environmental law (including a regulation); and (ii) minimizes any adverse environmental impacts. (4) Applicability of other laws conflicting with orders To the extent that an omission or action taken by a party to comply with an order issued under this subsection (including any omission or action taken to voluntarily comply with the order) results in noncompliance with, or causes a party to not comply with, any Federal, State, or local environmental law (including a regulation), the omission or action shall not be subject to any requirement, civil or criminal liability, or a citizen suit under the environmental law (or regulation). (5) Renewal or reissuance of orders conflicting with other laws (A) In general An order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law (including a regulation) shall expire not later than 90 days after the date the order is issued. (B) Renewal or reissuance of orders The Commission may renew or reissue the order in accordance with this subsection for subsequent periods of not to exceed 90 days for each period, as the Commission determines necessary to meet the emergency and serve the public interest. (C) Administration In renewing or reissuing an order under this paragraph, the Commission shall— (i) consult with the primary Federal agency with expertise in the environmental interest protected by the law (or regulation); and (ii) include in the renewed or reissued order such conditions as such Federal agency determines necessary to minimize any adverse environmental impacts, to the maximum extent practicable. (D) Public availability Any conditions submitted by a Federal agency described in subparagraph (C)(i) shall be made available to the public. (E) Exclusion of conditions The Commission may exclude a condition described in subparagraph (D) from the renewed or reissued order if the Commission— (i) determines that the condition would prevent the order from adequately addressing the emergency necessitating the order; and (ii) provides in the order, or otherwise makes publicly available, an explanation of the determination. (6) Orders that are stayed, modified, or set aside If an order issued under this subsection is subsequently stayed, modified, or set aside by a court pursuant to section 313 or any other provision of law, any omission or action previously taken by a party that was necessary to comply with the order while the order was in effect (including any omission or action taken to voluntarily comply with the order) shall remain subject to paragraph (4). . (b) Temporary connection or construction by municipalities Section 202(d) of the Federal Power Act ( 16 U.S.C. 824a(d) or municipality any person

Grid Reliability Act of 2014

Federal Duck Stamp Act of 2014 - Amends the Migratory Bird Hunting and Conservation Stamp Act to increase the price of duck stamps, which are required to hunt migratory waterfowl, from $15 to $25. Authorizes the Department of the Interior to reduce the price of stamps for a hunting year if the increase in the stamp price resulted in a reduction in revenues deposited in the Migratory Bird Conservation Fund. Establishes a subaccount in the Fund to be used by Interior to acquire easements for the conservation of migratory birds. Directs the Secretary of the Treasury to transfer all amounts in excess of $15 from the sale of each stamp to the subaccount. Requires Interior to include in an annual report of the Migratory Bird Conservation Commission an assessment of the status of wetlands conservation projects for migratory bird conservation purposes, including an accounting of all expenditures made for acquisition of federal lands.

113 S2621 IS: Federal Duck Stamp Act of 2014 U.S. Senate 2014-07-17 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. 2621 IN THE SENATE OF THE UNITED STATES July 17, 2014 Mr. Vitter Mr. Begich Mr. Boozman Mr. Coons Mr. Crapo Mr. Tester Committee on Environment and Public Works A BILL To amend the Migratory Bird Hunting and Conservation Stamp Act to increase the price of Migratory Bird Hunting and Conservation Stamps to fund the acquisition of conservation easements for migratory birds, and for other purposes. 1. Short title This Act may be cited as the Federal Duck Stamp Act of 2014 2. Increase in price of Migratory Bird Hunting and Conservation Stamp to fund acquisition of conservation easements for migratory birds The Migratory Bird Hunting and Conservation Stamp Act is amended— (1) in section 2(b) ( 16 U.S.C. 718b(b) (A) by striking 1990, and 1990, (B) by striking for each hunting year thereafter for hunting years 1991 through 2013, and $25 for each hunting year thereafter (2) by adding at the end of section 2 ( 16 U.S.C. 718b (c) Reduction in price of stamp The Secretary may reduce the price of each stamp sold under the provisions of this section for a hunting year if the Secretary determines that the increase in the price of the stamp after hunting year 2013 resulted in a reduction in revenues deposited into the fund; ; and (3) in section 4 ( 16 U.S.C. 718d (A) in subsection (a)(3), by inserting before the period the following: , in which there shall be a subaccount to which the Secretary of the Treasury shall transfer all amounts in excess of $15 that are received from the sale of each stamp sold for each hunting year after hunting year 2013 (B) in subsection (b)(1), by striking So much except as provided in paragraph (4), so much (C) in subsection (b)(2), by striking paragraph (3) paragraphs (3) and (4) (D) by adding at the end of subsection (b) the following: (4) Conservation easements Amounts in the subaccount referred to in subsection (a)(3) shall be used by the Secretary solely to acquire easements in real property for conservation of migratory birds. . 3. Annual report on expenditures Section 4 of the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718d (1) in subsection (c)— (A) by striking so much as precedes The Secretary may (c) Promotion of Stamp Sales ; and (B) by striking paragraph (2); and (2) by adding at the end the following: (e) Annual report The Secretary shall include in each annual report of the Commission under section 3 of the Migratory Bird Conservation Act ( 16 U.S.C. 715b (1) a description of activities conducted under subsection (c) in the year covered by the report; and (2) an annual assessment of the status of wetlands conservation projects for migratory bird conservation purposes, including a clear and accurate accounting of— (A) all expenditures by Federal and State agencies under this section; (B) all expenditures made for fee-simple acquisition of Federal lands in the United States, including the amount paid and acreage of each parcel acquired in each acquisition. .

Federal Duck Stamp Act of 2014

Breast Density and Mammography Reporting Act of 2014 - Amends the Public Health Service Act to require mammography facilities to include up-to-date information about breast density in both the written report of the results of a mammography examination provided to the patient's physician and the summary of that written report given to patients. Requires the summary to: (1) convey the effect of breast density in masking the presence of breast cancer on a mammogram, and (2) include language communicating that individuals with dense breasts should talk with their physicians about any questions or concerns regarding the summary and whether they would benefit from additional tests. Requires the Secretary of Health and Human Services (HHS) to expand and intensify research on breast density, the cost-effectiveness and feasibility of supplemental imaging relating to breast density, and best practices concerning mammograms and supplemental screening for those with dense breasts.

113 S2622 IS: Breast Density and Mammography Reporting Act of 2014 U.S. Senate 2014-07-17 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. 2622 IN THE SENATE OF THE UNITED STATES July 17, 2014 Mrs. Feinstein Ms. Ayotte Committee on Health, Education, Labor, and Pensions A BILL To require breast density reporting to physicians and patients by facilities that perform mammograms, and for other purposes. 1. Short title This Act may be cited as the Breast Density and Mammography Reporting Act of 2014 2. Findings The Congress finds as follows: (1) The National Cancer Institute estimates that 1 in 8 women in the United States will develop a cancer of the breast in their lifetime. (2) The Centers for Disease Control and Prevention reports that breast cancer is the number one cause of cancer death among Hispanic women, and the number two cause of cancer death among White, Black, Asian/Pacific Islander, and American Indian/Alaska Native women. (3) Individuals receiving mammograms are not currently required to receive medical summaries or reports from their mammogram providers which address breast density or its correlation to masking the presence of breast cancer on mammograms, despite the fact that the radiologist interpreting the mammogram makes an assessment of the patient’s breast density. 3. Breast density reporting by facilities that perform mammograms to physicians and patients (a) In general Clause (ii) of section 354(f)(1)(G) of the Public Health Service Act ( 42 U.S.C. 263b(f)(1)(G) (1) in each of subclauses (III) and (IV), by striking and (2) by adding at the end the following: (V) the report under subclause (I) and the summary under subclause (IV) shall include information about breast density, as specified by the Secretary based upon— (aa) current scientific knowledge; (bb) technological advances; or (cc) other updated medical procedures where the use of such screening developments is consistent with the practice of medical experts in the field; (VI) the summary under subclause (IV) shall convey the effect of breast density in masking the presence of breast cancer on mammography, using the provider’s qualitative assessment of breast density; and (VII) the summary under subclause (IV) shall include language, developed by the Secretary in consultation with leading experts and leading cancer organizations, communicating that individuals with dense breasts should talk with their physicians about— (aa) any questions or concerns regarding the summary; and (bb) whether the individuals would benefit from additional tests. . (b) Rule of construction This section and the amendments made by this section shall not be construed to alter in any way Federal requirements relating to financial obligations of any person in connection with health insurance. 4. Enhancing research relating to breast density Title III of the Public Health Service Act is amended by inserting after section 354 of such Act ( 42 U.S.C. 263b 354A. Enhancing research relating to breast density The Secretary shall expand and intensify the programs and activities of the Department of Health and Human Services for conducting or supporting— (1) applied research on breast density; (2) research on the cost-effectiveness, effectiveness, and feasibility of reimbursement models for supplemental imaging relating to breast density; and (3) research in support of clinical guidelines and best practices concerning use of mammograms and supplemental screening for women with dense breasts. .

Breast Density and Mammography Reporting Act of 2014

Afghan Allies Protection Act of 2014 - Amends the Afghan Allies Protection Act of 2009 to: (1) increase to 4,000 the number of Afghan special immigrant visas available in FY2014, and (2) extend unused visa carryover authority through December 31, 2016.

113 S2624 IS: Afghan Allies Protection Act of 2014 U.S. Senate 2014-07-17 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. 2624 IN THE SENATE OF THE UNITED STATES July 17, 2014 Mrs. Shaheen Mr. McCain Committee on the Judiciary A BILL To provide additional visas for the Afghan Special Immigrant Visa Program, and for other purposes. 1. Short title This Act may be cited as the Afghan Allies Protection Act of 2014 2. Expansion of Afghan Special Immigrant Visa Program Section 602(b)(3)(D) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 (D) Additional fiscal year The total number of principal aliens who may be provided special immigrant status under this section in fiscal year 2014 may not exceed 4,000, except that, notwithstanding any other provision of this section— (i) any unused balance of the total number of principal aliens who may be provided special immigrant status under this section in fiscal year 2014 may be carried forward and provided through December 31, 2016; (ii) the 1-year period during which an alien must have been employed in accordance with paragraph (2)(A)(ii) shall be the period beginning on October 7, 2001, and ending on December 31, 2014; and (iii) the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than December 31, 2014. .

Afghan Allies Protection Act of 2014

Access to Birth Control Act - Amends the Public Health Service Act to require pharmacies to comply with certain rules related to contraceptives, including: (1) providing a customer a contraceptive without delay if it is in stock; (2) immediately informing a customer if the contraceptive is not in stock and either transferring the prescription to a pharmacy that has the contraceptive in stock or expediting the ordering of the contraceptive and notifying the customer when it arrives, based on customer preference, except for pharmacies that do not ordinarily stock contraceptives in the normal course of business; and (3) ensuring that pharmacy employees do not take certain actions relating to a request for contraception, including intimidating, threatening, or harassing customers, interfering with or obstructing the delivery of services, intentionally misrepresenting or deceiving customers about the availability of contraception or its mechanism of action, breaching or threatening to breach medical confidentiality, or refusing to return a valid, lawful prescription. Provides that a pharmacy is not prohibited from refusing to provide a contraceptive to a customer if: (1) it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented; (2) the customer is unable to pay for the contraceptive; or (3) the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. Provides that this Act does not preempt state law or any professional obligation of a state board that provides greater protections for customers. Sets forth civil penalties and establishes a a private cause of action for violations of this Act.

113 S2625 IS: Access to Birth Control Act U.S. Senate 2014-07-17 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. 2625 IN THE SENATE OF THE UNITED STATES July 17, 2014 Mr. Booker Mr. Blumenthal Mr. Brown Mr. Franken Mr. Whitehouse Mrs. Feinstein Mr. Tester Mr. Wyden Ms. Warren Ms. Baldwin Ms. Hirono Mr. Menendez Mrs. Gillibrand Mrs. Boxer Mrs. Murray Mr. Sanders Mr. Kaine Mr. Markey Mr. Begich Mrs. Shaheen Mr. Merkley Committee on Health, Education, Labor, and Pensions A BILL To establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception, and for other purposes. 1. Short title This Act may be cited as the Access to Birth Control Act 2. Findings Congress finds as follows: (1) Family planning is basic health care for women. Access to contraception helps women prevent unintended pregnancy and control the timing and spacing of planned births. (2) Although the Centers for Disease Control and Prevention included family planning in its published list of the Ten Great Public Health Achievements in the 20th Century, the United States still has one of the highest rates of unintended pregnancies among industrialized nations. (3) Each year, 3,400,000 pregnancies, nearly half of all pregnancies, in the United States are unintended, and nearly half of unintended pregnancies end in abortion. (4) Women rely on prescription contraceptives for a range of medical purposes in addition to birth control, such as regulation of cycles and endometriosis. (5) The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy and has approved over-the-counter access to some forms of emergency contraception for all individuals, regardless of age. (6) If taken soon after unprotected sex or primary contraceptive failure, emergency contraception can significantly reduce a woman’s chance of unintended pregnancy. (7) Emergency contraception is approved to prevent pregnancy. It will not work if a woman is already pregnant. (8) Access to legal contraception is a protected fundamental right in the United States and should not be impeded by one individual’s personal beliefs. (9) Reports of pharmacists refusing to fill prescriptions for contraceptives, including emergency contraceptives, have surfaced in States across the Nation, including Alabama, Arizona, California, the District of Columbia, Georgia, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Washington, West Virginia, and Wisconsin. Since emergency contraception became available without a prescription for certain individuals, refusals to provide non-prescription emergency contraception have also been reported. 3. Duties of pharmacies to ensure provision of FDA-approved contraception Part B of title II of the Public Health Service Act ( 42 U.S.C. 238 et seq. 249. Duties of pharmacies to ensure provision of FDA-approved contraception (a) In General Subject to subsection (c), a pharmacy that receives Food and Drug Administration-approved drugs or devices in interstate commerce shall maintain compliance with the following: (1) If a customer requests a contraceptive that is in stock, the pharmacy shall ensure that the contraceptive is provided to the customer without delay. (2) If a customer requests a contraceptive that is not in stock and the pharmacy in the normal course of business stocks contraception, the pharmacy shall immediately inform the customer that the contraceptive is not in stock and without delay offer the customer the following options: (A) If the customer prefers to obtain the contraceptive through a referral or transfer, the pharmacy shall— (i) locate a pharmacy of the customer’s choice or the closest pharmacy confirmed to have the contraceptive in stock; and (ii) refer the customer or transfer the prescription to that pharmacy. (B) If the customer prefers for the pharmacy to order the contraceptive, the pharmacy shall obtain the contraceptive under the pharmacy’s standard procedure for expedited ordering of medication and notify the customer when the contraceptive arrives. (3) The pharmacy shall ensure that its employees do not— (A) intimidate, threaten, or harass customers in the delivery of services relating to a request for contraception; (B) interfere with or obstruct the delivery of services relating to a request for contraception; (C) intentionally misrepresent or deceive customers about the availability of contraception or its mechanism of action; (D) breach medical confidentiality with respect to a request for contraception or threaten to breach such confidentiality; or (E) refuse to return a valid, lawful prescription for contraception upon customer request. (b) Contraceptives not ordinarily stocked Nothing in subsection (a)(2) shall be construed to require any pharmacy to comply with such subsection if the pharmacy does not ordinarily stock contraceptives in the normal course of business. (c) Refusals Pursuant to Standard Pharmacy Practice This section does not prohibit a pharmacy from refusing to provide a contraceptive to a customer in accordance with any of the following: (1) If it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented. (2) If the customer is unable to pay for the contraceptive. (3) If the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. (d) Rule of construction Nothing in this section shall be construed to invalidate or limit rights, remedies, procedures, or legal standards under title VII of the Civil Rights Act of 1964. (e) Preemption This section does not preempt any provision of State law or any professional obligation made applicable by a State board or other entity responsible for licensing or discipline of pharmacies or pharmacists, to the extent that such State law or professional obligation provides protections for customers that are greater than the protections provided by this section. (f) Enforcement (1) Civil penalty A pharmacy that violates a requirement of subsection (a) is liable to the United States for a civil penalty in an amount not exceeding $1,000 per day of violation, not to exceed $100,000 for all violations adjudicated in a single proceeding. (2) Private cause of action Any person aggrieved as a result of a violation of a requirement of subsection (a) may, in any court of competent jurisdiction, commence a civil action against the pharmacy involved to obtain appropriate relief, including actual and punitive damages, injunctive relief, and a reasonable attorney’s fee and cost. (3) Limitations A civil action under paragraph (1) or (2) may not be commenced against a pharmacy after the expiration of the 5-year period beginning on the date on which the pharmacy allegedly engaged in the violation involved. (g) Definitions In this section: (1) The term contraception contraceptive (2) The term employee (3) The term pharmacy (A) is authorized by a State to engage in the business of selling prescription drugs at retail; and (B) employs one or more employees. (4) The term product (5) The term professional clinical judgment (6) The term without delay (h) Effective Date This section shall take effect on the 31st day after the date of the enactment of this section, without regard to whether the Secretary has issued any guidance or final rule regarding this section. .

Access to Birth Control Act

Fair Share Act of 2014 - Consolidates and amends three federal programs that provide payments to local governments that have federal lands within their borders: the Department of the Interior's Payments in Lieu of Taxes (PILT) program, the Forest Service's Secure Rural Schools (SRS) program, and the U.S. Fish and Wildlife Service's Refuge Revenue Sharing (RRS) program. Expands the definition of "entitlement land" eligible for payment under the Department of the Interior's PILT program to include land owned by the U.S. government that was purchased for addition to the National Wildlife Refuge System. Combines the PILT, SRS, and RRS programs into one expanded PILT program, and alters the formulas for allocating payments under the programs. Provides permanent mandatory funding for the PILT program. Provides funding in FY2014-FY2018 for resource advisory committees created under the Secure Rural Schools and Community Self-Determination Act of 2000, and permits them to propose vegetation management projects, including projects authorized under the Healthy Forests Restoration Act of 2003.

113 S2626 IS: Fair Share Act of 2014 U.S. Senate 2014-07-17 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. 2626 IN THE SENATE OF THE UNITED STATES July 17, 2014 Mr. Walsh Committee on Energy and Natural Resources A BILL To amend chapter 69 1. Short title This Act may be cited as the Fair Share Act of 2014 2. Definitions Section 6901(1) (1) in subparagraph (G), by striking or (2) in subparagraph (H), by striking the period at the end and inserting ; or (3) by adding at the end the following: (I) that was purchased for addition to the National Wildlife Refuge System. . 3. Authority and eligibility Section 6902(a) (1) in paragraph (1)— (A) by striking (a)(1) Except (a) Payments to units of general local government (1) Payments (A) In general Except ; and (B) in the second sentence, by striking A unit (B) Use Except as provided in paragraph (3), a unit ; and (2) by adding at the end the following: (3) Use of funds (A) Secure rural schools allocation If a unit of general local government received a payment under the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7101 et seq. (i) in accordance with the requirements of section 102(c)(1) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(c)(1)); and (ii) in a manner that ensures that each payment provided to the unit of general local government under this chapter is allocated among each eligible program of the unit of general local government for the fiscal year based on the proportion required under applicable State law for fiscal year 2013, consistent with section 6908. (B) Amount The amount referred to in subparagraph (A) is the product obtained by multiplying— (i) the amounts provided under this chapter for the unit of general local government for the applicable fiscal year; by (ii) the proportion that— (I) the amount of payments received by the unit of general local government under title I of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111 et seq.) for fiscal year 2013; bears to (II) the sum of— (aa) the amount received by the unit of general local government for fiscal year 2013 under this chapter; (bb) 95 percent of the amount received by the unit of general local government for fiscal year 2013 under the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 1701 et seq. (cc) the amount authorized to be received by the unit of general local government for fiscal year 2013 under section 401(c)(2) of the Act of June 15, 1935 (commonly known as the Refuge Revenue Sharing Act 16 U.S.C. 715s(c)(2) (C) State law (i) Effect Nothing in this chapter prevents a State from enacting a law that changes the allocation of payments among each eligible program of units of general local government pursuant to this chapter under subparagraph (A)(ii). (ii) Applicability If a State enacts a law that modifies the allocation of payments among each eligible program of units of general local government pursuant to this chapter under subparagraph (A)(ii), the allocation modified by the State law shall apply the following fiscal year for the State. . 4. Payments Section 6903 (1) in subsection (b)(1), by striking (but not more than the limitation determined under subsection (c) of this section) (but not more than the limitation determined under subsection (c) or section 6904, as applicable) (2) in subsection (c), by striking The limitation Subject to section 6904, the limitation (3) by adding at the end the following: (e) Additional payment election (1) Initial election to receive 25-percent payments If a unit of general local government elected to receive amounts under section 102(b)(2)(B) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(b)(2)(B)) for fiscal year 2013, not later than September 30 of the first fiscal year after the date of enactment of this subsection, the unit of general local government shall notify the Secretary of Agriculture of the election to receive or not to receive amounts under the Act of May 23, 1908 (16 U.S.C. 500). (2) Election to receive 25-percent payments If a unit of general local government elects under paragraph (1) to receive amounts under the Act of May 23, 1908 (16 U.S.C. 500), for purposes of this chapter, the unit of general local government shall not receive any payments under section 6904. (3) Election not to receive 25-percent payments If a unit of general local government elects under paragraph (1) not to receive amounts under the Act of May 23, 1908 (16 U.S.C. 500), for purposes of this chapter, the payment under subsection (b) shall exclude the amounts that would have been paid to the unit of general local government for the fiscal year under the Act of May 23, 1908 (16 U.S.C. 500). (4) Subsequent elections A unit of general local government described in paragraph (1) may change the election for subsequent fiscal years if the unit of general local government notifies Secretary of Agriculture of the election by September 30 of the preceding fiscal year. . 5. Additional payments Section 6904 (1) by striking the section designation and heading and all that follows through (b) The Secretary 6904. Additional payments (a) In general In addition to payments the Secretary of the Interior makes under section 6902, the Secretary of the Interior shall make payments for each fiscal year to a unit of general local government subject to the requirements of this section. (b) Requirements for acquired designated entitlement land (1) Real property taxes In addition to payments the Secretary of the Interior makes under section 6902, the Secretary shall make a payment for each fiscal year to a unit of general local government collecting and distributing real property taxes (including a unit in the State of Alaska outside the boundaries of an organized borough) in which is located an interest in land that— (A) the Federal Government acquires for— (i) the National Park System; (ii) the National Wilderness Preservation System; or (iii) the National Wildlife Refuge System; and (B) was subject to local real property taxes during the 5-year period ending on the date on which the interest is acquired. (2) Requirements The Secretary ; (2) in subsection (c)— (A) in the third sentence, by striking subsection (a) of this section paragraph (1) (B) by striking (c) Each yearly (3) Amount Each yearly ; (3) by striking subsection (d) and inserting the following: (4) Regulations The Secretary may promulgate regulations under which payments may be made to units of general local government when paragraphs (1) and (2) will not carry out the purpose of those paragraphs. ; and (4) by adding at the end the following: (c) Requirements for designated entitlement land and historic payments (1) Designated entitlement land Notwithstanding section 6903 and subject to paragraph (4), the Secretary of the Interior shall adjust the applicable limitation described in section 6903(c) for a unit of general local government that— (A) receives a payment under section 6902; and (B) uses that payment for entitlement land that is— (i) a unit of the National Park System; (ii) a unit of the National Wildlife Refuge System; or (iii) a component of the National Wilderness Preservation System that is not land described in clause (i) or (ii). (2) Historic payments Notwithstanding section 6903, the Secretary of the Interior shall make a payment to a unit of general local government that received amounts during fiscal year 2013 under— (A) the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 1701 et seq. (B) section 401(c)(2) of the Act of June 15, 1935 (commonly known as the Refuge Revenue Sharing Act 16 U.S.C. 715s(c)(2) (3) Additional payment calculations (A) Designated entitlement land The adjusted limitation under paragraph (1) shall be an amount equal to the sum of— (i) the applicable limitation for the unit of general local government described in section 6903(c); and (ii) the product obtained by multiplying— (I) the quantity of acres of entitlement land of the unit of general local government that is (as applicable)— (aa) a unit of the National Park System; (bb) a unit of the National Wildlife Refuge System; or (cc) a component of the National Wilderness Preservation System that is not land described in item (aa) or (bb); and (II) 1/2 (B) Historic payments The additional payment under paragraph (2) shall be an amount equal to the difference between— (i) the sum of— (I) the amount received by the unit of general local government for fiscal year 2013 under this chapter; (II) 95 percent of the amount received by the unit of local government for fiscal year 2013 under the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 1701 et seq.); and (III) the amount authorized to be received by the unit of general local government for fiscal year 2013 under section 401(c)(2) of the Act of June 15, 1935 (commonly known as the Refuge Revenue Sharing Act 16 U.S.C. 715s(c)(2) (ii) the sum of— (I) the applicable amount for the unit of general local government described in section 6903(c); and (II) the applicable amount for the unit of general local government calculated under subparagraph (A). (4) Limitation The limitation under this chapter for a unit of general local government that receives a payment under paragraph (1) shall not exceed the lesser of— (A) 3 times the applicable limitation specified in section 6903(c)(2) for the unit of general local government; and (B) the limitation specified in section 6903(c)(2) for a unit of general local government with a population of 50,000. . 6. Adjusted share Chapter 69 (1) by redesignating sections 6906 and 6907 as sections 6907 and 6908, respectively; and (2) by inserting after section 6905 the following: 6906. Adjusted share (a) Requirement The final payment provided under this chapter for a fiscal year for each unit of general local government shall be adjusted by an amount equal to the quotient obtained by dividing— (1) the sum of the amount of payments to the applicable unit of general local government under sections 6903 through 6905; by (2) the economic performance index described in subsection (d). (b) Economic performance score measures The economic performance index referred to in subsection (a)(2) shall be based on an economic performance score comprised of 5 equally weighted measures of economic performance and opportunity, calculated for each fiscal year, as follows: (1) Median household income The median household income for the unit of general local government, according to the most recent 5-year estimate of the American Community Survey of the Bureau of the Census. (2) Average earnings per job The average earnings per job for the unit of general local government, according to the most recent estimates of the applicable Regional Economic Profiles (as reflected in Table CA 30) published by the Bureau of Economic Analysis of the Department of Commerce. (3) Percentage of families above the poverty level The percentage of households served by the unit of general local government that are above the poverty level, as determined by the most recent 5-year estimates of the American Community Survey of the Bureau of the Census. (4) Percentage of population with bachelor’s degree or higher The percentage of the population served by the unit of general local government that, as determined by the most recent 5-year estimates of the American Community Survey of the Bureau of the Census— (A) is aged 25 years or older; and (B) has received— (i) a bachelor’s degree from an institution of higher education; or (ii) a master’s, professional, or doctorate degree. (5) Area classifications (A) In general Subject to subparagraph (B), a classification of each unit of general local government into core based statistical areas and combined statistical areas, as determined in accordance with the most recent metropolitan and micropolitan statistical areas and delineations of the Office of Management and Budget and resulting from the application of published standards to the Bureau of the Census data, into 1 of the following 4 areas: (i) A central metropolitan statistical area. (ii) An outlying metropolitan statistical area. (iii) A central micropolitan statistical area. (iv) An outlying micropolitan statistical area. (B) Rural areas Any unit of general local government that is not delineated into 1 of the 4 areas described in subparagraph (A) shall be considered to be a rural area. (c) Economic performance score preparation In preparing the economic performance score under subsection (b), the Secretary of the Interior shall— (1) (A) gather data for the most recent calendar year available regarding each variable described in paragraphs (1) through (5) of subsection (b) that comprise the score for each unit of general local government; or (B) if specific data for a unit of general local government are not available, use the applicable county average; (2) recalculate each variable on a 0-to-1 scale by dividing the value of the variable for each unit of general local government by the highest value for that variable among all units of general local government, including by classifying a unit of general local government under subsection (b)(5) such that— (A) a central metropolitan statistical area is equal to 0.75; (B) an outlying metropolitan statistical area is equal to 0.6; (C) a central micropolitan statistical area is equal to 0.5; (D) an outlying micropolitan statistical area is equal to 0.4; and (E) a rural area is equal to 0.25; (3) calculate for each unit of general local government an economic performance score that is equal to the sum of the value of the variables recalculated under paragraph (2); and (4) create a percentile rank for each unit of general local government, which shall be equal to the quotient obtained by dividing— (A) the product obtained by multiplying— (i) 100; and (ii) the difference between— (I) the numeric rank of the economic performance score calculated under paragraph (3), relative to the economic performance scores of all other units of general local government; and (II) 0.5; by (B) the total number of units of general local government. (d) Economic performance index For purposes of subsection (a), the Secretary of the Interior shall adjust the amount of payments provided under this chapter based on an economic performance index equal to the sum of— (1) the product obtained by multiplying— (A) the difference between— (i) the percentile rank calculated under subsection (c); and (ii) 0.5; and (B) 0.4; and (2) 1. . 7. Funding Section 6907 of fiscal years 2008 through 2014 fiscal year 8. Resource advisory committees Chapter 69 6909. Funding for resource advisory committees (a) In general For each of fiscal years 2014 through 2018, not more than $25,000,000 of the amounts made available for the fiscal year to the Secretary of the Interior for obligation or expenditure in accordance with this chapter shall be made available to the Secretary of the Interior or the Secretary of Agriculture, as applicable— (1) to pay the administrative costs of any resource advisory committee (as defined in section 201 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7121 (2) to establish new resource advisory committees, as appropriate, in accordance with section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7125 (b) Vegetation management projects Notwithstanding title II of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7121 et seq. (c) Allocation Amounts under this section shall be allocated among units of general local government and applicable units of Federal land in a manner substantially similar to the allocation of amounts under title II of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7121 et seq. (d) Unused amounts Any unused amounts under this section as of September 30 of each fiscal year shall be allocated in accordance with this chapter among all units of general local government for the subsequent fiscal year. . 9. Conforming amendment The chapter analysis for chapter 69 6906. Adjusted share. 6907. Funding. 6908. State legislation requiring reallocation or redistribution of payments to smaller units of general purpose government. 6909. Funding for resource advisory committees. .

Fair Share Act of 2014

Preventive Care Coverage Notification Act - Requires the Secretary of Health and Human Services (HHS), the Secretary of Labor, and the Secretary of the Treasury to jointly develop requirements for employers exempted from covering mandated health services to notify current and prospective employees of the employer's exemption and provide employees with a description of the specific items and services that are not covered.

113 S2629 IS: Preventive Care Coverage Notification Act U.S. Senate 2014-07-17 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. 2629 IN THE SENATE OF THE UNITED STATES July 17, 2014 Mr. Durbin Mr. Begich Ms. Hirono Committee on Health, Education, Labor, and Pensions A BILL To require employers to notify employees and prospective employees of exemptions from otherwise required coverage of health services under group health plans. 1. Short title This Act may be cited as the Preventive Care Coverage Notification Act 2. Providing information to employees and prospective employees (a) Development of Standards With respect to an employer (other than an organization that is organized and operates as a nonprofit entity and is referred to in section 6033(a)(3)(A) (i) or (iii) of the Internal Revenue Code of 1986) that establishes or maintains a group health plan (other than a grandfathered health plan as defined in section 1251 of the Patient Protection and Affordable Care Act (42 U.S.C. 18011)) for its employees, the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury shall jointly develop standards that require the employer to provide notice to current and prospective employees if the employer is exempted or excepted from covering health services otherwise required to be covered pursuant to title XXVII of the Public Health Service Act (including preventive health services required under section 2713 of such Act). Such notice shall include a description of the specific items and services that are not covered under such plan as a result of such exemption or exception. Such standards shall require that any notice provided under this subsection be provided by the employer to employees and prospective employees in a timely and easily understandable manner. (b) Informing employees of limitations on coverage With respect to the notice required under subsection (a), an employer shall be deemed to be in compliance with the requirements of such section if the employer is an eligible organization as defined in, and provides for the notice in accordance with, regulations issued pursuant to section 2713 of the Public Health Service Act ( 42 U.S.C. 300gg–13 (c) Enforcement The provisions of this section shall apply to employers acting as plan sponsors, group health plans, and health insurance issuers as if enacted in the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. 42 U.S.C. 201 et seq. 29 U.S.C. 1131 et seq. 42 U.S.C. 300gg–22 (d) Application This section shall apply to plan years beginning on or after July 1, 2014.

Preventive Care Coverage Notification Act

21st Century Endangered Species Transparency Act - Amends the Endangered Species Act of 1973 to require the Secretary of the Interior or the Secretary of Commerce, as appropriate, to make publicly available on the Internet the best scientific and commercial data available that are the basis for the determination of whether a species is an endangered species or a threatened species, including each proposed regulation for the listing of a species. Prohibits the Secretary from making the information publicly available when: (1) the public disclosure of the information is prohibited by state law relating to the protection of personal information, and (2) the state makes a request to the Secretary to withhold the information.

113 S2635 IS: 21st Century Endangered Species Transparency Act U.S. Senate 2014-07-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2635 IN THE SENATE OF THE UNITED STATES July 22, 2014 Mr. Cornyn Mr. Inhofe Mr. Enzi Mr. Moran Committee on Environment and Public Works A BILL To amend the Endangered Species Act of 1973 to require publication on the Internet of the basis for determinations that species are endangered species or threatened species, and for other purposes. 1. Short title This Act may be cited as the 21st Century Endangered Species Transparency Act 2. Requirement to publish on Internet basis for listings Section 4(b) of the Endangered Species Act ( 16 U.S.C. 1533(b) (9) Publication on Internet of basis for listings The Secretary shall make publicly available on the Internet the best scientific and commercial data available that are the basis for each regulation, including each proposed regulation, promulgated under subsection (a)(1), except that, at the request of a Governor or legislature of a State, the Secretary shall not make available under this paragraph information regarding which the State has determined public disclosure is prohibited by a law of that State relating to the protection of personal information. .

21st Century Endangered Species Transparency Act

Alaska Native Conservation Parity Act of 2014 - Amends the Internal Revenue Code to allow Alaska Native Corporations an increased tax deduction for donations of conservation easements related to lands conveyed under the Alaska Native Claims Settlement Act. Permits a 15-year carryover of contribution amounts that exceed annual limitations on the amount of such tax deduction.

113 S2636 IS: Alaska Native Conservation Parity Act of 2014 U.S. Senate 2014-07-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2636 IN THE SENATE OF THE UNITED STATES July 22, 2014 Mr. Begich Ms. Murkowski Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to encourage charitable contributions of real property for conservation purposes by Native Corporations. 1. Short title This Act may be cited as the Alaska Native Conservation Parity Act of 2014 2. Encouragement of contributions of capital gain real property made for conservation purposes by Native Corporations (a) In general Paragraph (2) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following new subparagraph: (C) Qualified conservation contributions by certain Native Corporations (i) In general Any qualified conservation contribution (as defined in subsection (h)(1)) which— (I) is made by a Native Corporation, and (II) is a contribution of property which was land conveyed under the Alaska Native Claims Settlement Act, shall be allowed to the extent that the aggregate amount of such contributions does not exceed the excess of the taxpayer's taxable income over the amount of charitable contributions allowable under subparagraph (A). (ii) Carryover If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(2)) as a charitable contribution to which clause (i) applies in each of the 15 succeeding years in order of time. (iii) Definition For purposes of clause (i), the term Native Corporation . (b) Conforming amendment Section 170(b)(2)(A) of such Code is amended by striking subparagraph (B) applies subparagraphs (B) or (C) apply (c) Effective date The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2013. (d) Rule of construction Nothing in this section or the amendments made by this section shall be construed to modify any existing property rights conveyed to Native Corporations (withing the meaning of section 3(m) of the Alaska Native Claims Settlement Act) under such Act.

Alaska Native Conservation Parity Act of 2014

SBA Intermediary Lending Program Act of 2014 - Amends the Small Business Act to make permanent the Small Business Administration (SBA) Intermediary Lending Program (ILP). Limits to a maximum of: (1) $1 million a single ILP loan to an eligible intermediary, (2) $5 million the total amount outstanding and committed to the intermediary by the Administrator under the program, and (3) $20 million the total amount of all ILP loans during each of FY2015-FY2017. Authorizes the Administrator, during FY2018 and each ensuing fiscal year, to use amounts made available for the program.

113 S2637 IS: SBA Intermediary Lending Program Act of 2014 U.S. Senate 2014-07-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2637 IN THE SENATE OF THE UNITED STATES July 22, 2014 Mr. Levin Committee on Small Business and Entrepreneurship A BILL To modify the small business intermediary lending program. 1. Short title This Act may be cited as the SBA Intermediary Lending Program Act of 2014 2. Small business intermediary lending program Section 7(l) of the Small Business Act ( 15 U.S.C. 636(l) (1) in the subsection heading, by striking Pilot (2) in paragraph (1)(B), by striking pilot (3) in paragraph (2)— (A) by striking 3-year (B) by striking pilot (4) in paragraph (4)— (A) by striking subparagraph (B) and inserting the following: (B) Loan limits (i) In general No single loan to an eligible intermediary under this subsection may exceed $1,000,000. (ii) Total amount The total amount outstanding and committed to an eligible intermediary by the Administrator under the Program may not exceed $5,000,000. ; and (B) by striking subparagraph (G) and inserting the following: (G) Maximum amounts The Administrator may make loans under the Program— (i) during each of fiscal years 2015, 2016, and 2017, in a total amount of not more than $20,000,000; and (ii) during fiscal year 2018 and each fiscal year thereafter, using such amounts as are made available for the Program. ; and (5) by striking paragraph (6).

SBA Intermediary Lending Program Act of 2014

Natural Gas Export Certainty Act of 2014 - Amends the Natural Gas Act to direct the Secretary of Energy (DOE) to make a public interest determination and issue an order for an application for the exportation of natural gas to a foreign country through a particular liquefied natural gas (LNG) terminal not later than 45 days after receipt of an application for either: (1) construction of an LNG terminal, or (2) conversion of an LNG terminal into an LNG import or export facility. Restricts such an order solely to applications for exportation of natural gas to certain foreign countries that have been pending for a period of at least 180 calendar days. Confers upon the Court of Appeals for the circuit in which such export facility will be located original and exclusive jurisdiction over civil actions for the review of: (1) an order issued by the Secretary about the application, or (2) the failure of the Secretary to issue a decision on it. Requires the Court, if it finds 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.

113 S2638 IS: Natural Gas Export Certainty Act of 2014 U.S. Senate 2014-07-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2638 IN THE SENATE OF THE UNITED STATES July 22, 2014 Mr. Hoeven Committee on Energy and Natural Resources A BILL To amend the Natural Gas Act to provide certainty with respect to the timing of Department of Energy decisions to approve or deny applications to export natural gas. 1. Short title This Act may be cited as the Natural Gas Export Certainty Act of 2014 2. Regulatory certainty Section 3 of the Natural Gas Act ( 15 U.S.C. 717b (g) Deadline for certain applications for exportation of natural gas (1) LNG terminals (A) In general Subject to subparagraph (B), the Commission shall make a public interest determination and issue an order under subsection (a) for an application for the exportation of natural gas to a foreign country through a particular LNG terminal not later than 45 days after receipt of an application under subsection (e) for— (i) the conversion of that LNG terminal into an LNG import or export facility; or (ii) the construction of that LNG terminal. (B) Limitation Subparagraph (A) shall only apply to applications for the exportation of natural gas to a foreign country under subsection (a) that have been pending for a period of not less than 180 calendar days. (2) Application This subsection shall not apply with respect to an application under subsection (a) for the exportation of natural gas— (A) to a foreign country— (i) to which the exportation of natural gas is otherwise prohibited by law; or (ii) described in subsection (c); or (B) if the Commission has made a contingent determination with respect to the application. (3) Effect Except as specifically provided in this subsection, nothing in this subsection affects the authority of the Commission to review, process, and make a determination with respect to an application for the exportation of natural gas. (h) Judicial Action (1) In general The United States Court of Appeals for the circuit in which an 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 of Energy 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 date of 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. .

Natural Gas Export Certainty Act of 2014

Veterans Affairs Health Workforce Enhancement Act of 2014 - Directs the Secretary of Veterans Affairs (VA) to establish medical residency programs, or ensure a sufficient number of residency positions in medical residency programs, at any VA medical facility that the Secretary determines is experiencing a shortage of physicians. Requires the Secretary to determine the specialty of health care professionals that each such facility is experiencing a shortage of and allocate residency programs and positions based on such determination. Directs the Secretary, during the five-year period beginning on the enactment of this Act, to increase the number of graduate medical education residency positions at VA medical facilities by not less than 2,000 positions, giving priority to medical facilities that: (1) do not have a medical residency program, and (2) are located in a community in which there is a high need for health care for veterans.

113 S2639 IS: Veterans Affairs Health Workforce Enhancement Act of 2014 U.S. Senate 2014-07-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2639 IN THE SENATE OF THE UNITED STATES July 22, 2014 Ms. Baldwin Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to increase the number of graduate medical education residency positions at medical facilities of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Veterans Affairs Health Workforce Enhancement Act of 2014 2. Increase of graduate medical education residency positions at medical facilities of the Department of Veterans Affairs (a) In general Section 7302 (e) (1) In carrying out this section, the Secretary shall establish medical residency programs, or ensure a sufficient number of residency positions in medical residency programs, at any medical facility of the Department that the Secretary determines is experiencing a shortage of physicians. (2) In carrying out paragraph (1), the Secretary shall— (A) determine the specialty of health care professionals with respect to which each medical facility of the Department for which the Secretary has made a determination under paragraph (1) is experiencing a shortage of physicians, including with respect to primary care and mental health; (B) allocate the residency programs and residency positions under paragraph (1) based on the determination required by subparagraph (A); and (C) notify Congress of the information used by the Secretary to make the determination required by subparagraph (A). . (b) Five-Year increase (1) In general In carrying out section 7302(e) (2) Priority In increasing the number of graduate medical education residency positions at medical facilities of the Department under paragraph (1), the Secretary shall give priority to medical facilities that— (A) as of the date of the enactment of this Act, do not have a medical residency program; and (B) are located in a community in which there is a high need for health care for veterans.

Veterans Affairs Health Workforce Enhancement Act of 2014

Presidential Library Donation Reform Act of 2014 - Amends federal law regarding presidential archival depositories to require each presidential library fundraising organization to submit quarterly reports to the National Archives and Records Administration (National Archives) information on a contribution or contributions totaling not less than $200 (whether monetary or in-kind) for the quarterly period. Requires the Archivist of the United States to publish such information on the website of the National Archives within 30 days after each submission. Makes it unlawful for contributors or fundraising organizations to knowingly and willfully submit materially false information or omit material information. Prescribes criminal penalties for violation of such prohibitions.

113 S2640 IS: Presidential Library Donation Reform Act of 2014 U.S. Senate 2014-07-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2640 IN THE SENATE OF THE UNITED STATES July 22, 2014 Mr. Carper Mr. Coburn Committee on Homeland Security and Governmental Affairs A BILL To amend title 44, United States Code, to require information on contributors to Presidential library fundraising organizations, and for other purposes. 1. Short title This Act may be cited as the Presidential Library Donation Reform Act of 2014 2. Presidential libraries (a) In general Section 2112 (h) Presidential library fundraising organization reporting requirement (1) Definitions In this subsection: (A) Contribution The term contribution (B) Presidential library fundraising organization The term Presidential library fundraising organization (i) a Presidential archival depository; or (ii) any facility relating to a Presidential archival depository. (2) Reporting requirement (A) In general During the period beginning on the date of enactment of this subsection, and ending on the date described in subparagraph (B), and not later than 15 days after the end of each calendar quarter, each Presidential library fundraising organization shall submit to the Archivist, in a searchable and sortable electronic format, information on each contribution made during that quarter, which shall include— (i) the amount or value of the contribution; (ii) the source of the contribution, including the address of the individual or entity that is the source of the contribution; (iii) if the source of the contribution is an individual, the occupation of the individual; and (iv) the date of the contribution. (B) Duration of reporting requirement The date described in this subparagraph is the later of— (i) the date on which the Archivist accepts, takes title to, or enters into an agreement to use any land or facility for the Presidential archival depository for the President for whom the Presidential library fundraising organization was established; and (ii) the date on which the President whose archives are contained in the Presidential archival depository for whom the Presidential library fundraising organization was established no longer holds the Office of President. (C) Information required to be published Not later than 30 days after each submission under subparagraph (A), the Archivist shall publish the information submitted on the website of the National Archives and Records Administration, without a fee or other access charge, in a searchable, sortable, and downloadable format. (3) Prohibition on the submission of false material information (A) Individual (i) Prohibition It shall be unlawful for any person who makes a contribution to knowingly and willfully submit materially false information or omit material information with respect to the contribution. (ii) Penalty Any person who commits an offense described in clause (i) shall be punished as provided under section 1001 (B) Organization (i) Prohibition It shall be unlawful for any Presidential library fundraising organization to knowingly and willfully submit materially false information or omit material information required to be submitted under paragraph (2)(A). (ii) Penalty Any Presidential library fundraising organization that commits an offense described in clause (i) shall be punished as provided under section 1001 (4) Prohibition on certain contributions (A) In general It shall be unlawful for any person to knowingly and willfully— (i) make a contribution in the name of another person; (ii) allow the name of the person to be used by another person to effect a contribution; or (iii) accept a contribution that is made by 1 person in the name of another person. (B) Penalty Any person who commits an offense described in subparagraph (A) shall be punished as provided under section 309(d) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 437g(d) 2 U.S.C. 441b(b)(3) (5) Regulations The Archivist shall promulgate regulations for the purpose of carrying out this subsection. . (b) Applicability of amendments (1) Definitions In this subsection: (A) Contribution The term contribution (B) Presidential library fundraising organization The term Presidential library fundraising organization section 2112(h) (2) Applicability Section 2112(h) of title 44, United States Code (as added by subsection (a)) shall apply— (A) to Presidential library fundraising organization established before, on, or after the date of enactment of this Act; and (B) with respect to a contribution made after the date of enactment of this Act.

Presidential Library Donation Reform Act of 2014

Schedules That Work Act - Grants an employee the right to request that his or her employer change the terms and conditions of employment relating to: the number of hours or times the employee is required to work or be on call; the location; the amount of notification he or she receives of work schedule assignments; and minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis. Requires the employer, if the request is made, to engage in a timely, good faith interactive process with the employee that includes a discussion of potential schedule changes that would meet his or her needs. Outlines the process for either granting or denying a change. Requires the employer to grant a request, unless there is a bona fide business reason for denying it, if the request is made because of the employee's serious health condition, his or her responsibilities as a caregiver, or enrollment in a career-related educational or training program, or if a part-time employee requests such a change for a reason related to a second job. Authorizes an employer, if an employee requests a change for any other reason, to deny it for any reason that is not unlawful. Requires the employer to give the employee the reason for the denial, including whether it was a bona fide business reason. Outlines employer requirements for paying reporting time and split shift pay and for giving advance notice of work schedules to retail, food service, or cleaning employees, except for those in bona fide executive, administrative, or professional capacities. Makes it unlawful for any employer or other person to: (1) interfere with, restrain, or deny the exercise or the attempt to exercise any right of an employee specified in this Act; (2) retaliate against an individual for exercising his or her rights, or (3) interfere with proceedings or inquiries with respect to violation of an individual's rights. Sets forth administrative enforcement procedures and civil remedies for violation of these prohibitions. Directs the Secretary of Labor to give information and technical assistance to employers, labor organizations, and the general public concerning compliance with this Act. Requires the Comptroller General (GAO) to study the impact of certain difficult scheduling practices on employees and employers. Makes this Act inapplicable to any employee covered by a bona fide collective bargaining agreement if its terms govern work scheduling practices.

113 S2642 IS: Schedules That Work Act U.S. Senate 2014-07-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2642 IN THE SENATE OF THE UNITED STATES July 22, 2014 Mr. Harkin Ms. Warren Mr. Brown Committee on Health, Education, Labor, and Pensions A BILL To permit employees to request changes to their work schedules without fear of retaliation, and to ensure that employers consider these requests; and to require employers to provide more predictable and stable schedules for employees in certain growing low-wage occupations, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the Schedules That Work Act (b) Findings Congress finds the following: (1) The vast majority of the United States workforce today is juggling responsibilities at home and at work. Women are primary breadwinners or co-breadwinners in 63 percent of families in the United States and 26 percent of families with children are headed by single mothers. (2) Despite the dual responsibilities of today’s workforce, workers across the income spectrum have very little ability to make changes to their work schedules when those changes are needed to accommodate family responsibilities. Only 27 percent of employers allow all or most of their employees to periodically change their starting and quitting times. (3) Although low-wage workers are most likely to be raising children on their own, as more than half of mothers of young children in low-wage jobs are doing, low-wage workers have the least control over their work schedules and the most unpredictable schedules. For example— (A) roughly half of low-wage workers reported very little or no control over the timing of the hours they were scheduled to work; (B) many workers in low-wage jobs receive their schedules with very little advance notice and have work hours that vary significantly from week to week or month to month; (C) some workers in low-wage jobs are sent home from work when work is slow without being paid for their scheduled shift; (D) in some industries, the use of call-in shift (E) at the same time, 20 to 30 percent of workers in low-wage jobs struggle with being required to work extra hours with little or no notice. (4) Unfair work scheduling practices make it difficult for low-wage workers to— (A) provide necessary care for children and other family members, including arranging child care; (B) qualify for and maintain eligibility for child care subsidies, due to fluctuations in income and work hours, or keep an appointment with a child care provider, due to not knowing how many hours or when the workers will be scheduled to work; (C) pursue workforce training; (D) get or keep a second job that some part-time workers need to make ends meet; and (E) arrange transportation to and from work. (5) Unpredictable and unstable schedules are prevalent in retail sales, food preparation and service, and building cleaning occupations, which are among the lowest-paid and fastest-growing occupations in the workforce today. For workers in those occupations, often difficult and sometimes abusive work scheduling practices combine with very low wages to make it extremely challenging to make ends meet. (6) Retail sales, food preparation and service, and building cleaning occupations are among those most likely to have unpredictable and unstable schedules. According to data from the Bureau of Labor Statistics, 66 percent of food service workers, 52 percent of retail workers, and 40 percent of janitors and housekeepers know their schedules only a week or less in advance. The average variation in work hours in a single month is 70 percent for food service workers, 50 percent for retail workers, and 40 percent for janitors and housekeepers. (7) Those are among the lowest-paid and fastest-growing occupations, accounting for 18 percent of workers in the economy, some 23,500,000 workers. The median pay for workers in those 3 occupations is between $9.15 and $10.44 per hour, and women make up more than half of the workers in those occupations. (8) Employers that have implemented fair work scheduling policies that allow workers to have more control over their work schedules, and provide more predictable and stable schedules, have experienced significant benefits, including reductions in absenteeism and workforce turnover, and increased employee morale and engagement. (9) This Act is a first step in responding to the needs of workers for a voice in the timing of their work hours and for more predictable schedules. 2. Definitions As used in this Act: (1) Bona fide business reason The term bona fide business reason (A) the identifiable burden of additional costs to an employer, including the cost of productivity loss, retraining or hiring employees, or transferring employees from one facility to another facility; (B) a significant detrimental effect on the employer’s ability to meet organizational needs or customer demand; (C) a significant inability of the employer, despite best efforts, to reorganize work among existing (as of the date of the reorganization) staff; (D) a significant detrimental effect on business performance; (E) insufficiency of work during the periods an employee proposes to work; (F) the need to balance competing scheduling requests when it is not possible to grant all such requests without a significant detrimental effect on the employer’s ability to meet organizational needs; or (G) such other reason as may be specified by the Secretary of Labor (or the corresponding administrative officer specified in section 8). (2) Career-related educational or training program The term career-related educational or training program 29 U.S.C. 2801 et seq. 20 U.S.C. 2301 et seq. 20 U.S.C. 1001 et seq. (3) Caregiver The term caregiver (A) ongoing care or education, including responsibility for securing the ongoing care or education, of a child; or (B) ongoing care, including responsibility for securing the ongoing care, of— (i) a person with a serious health condition who is in a family relationship with the individual; or (ii) a parent of the individual, who is age 65 or older. (4) Child The term child (A) under age 18; or (B) age 18 or older and incapable of self-care because of a mental or physical disability. (5) Covered employer (A) In general The term covered employer (i) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees (described in paragraph (7)(A)); (ii) includes any person who acts, directly or indirectly, in the interest of such an employer to any of the employees (described in paragraph (7)(A)) of such employer; (iii) includes any successor in interest of such an employer; and (iv) includes an agency described in subparagraph (A)(iii) of section 101(4) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(4) (B) Rule For purposes of determining the number of employees who work for a person described in subparagraph (A)(i), all employees (described in paragraph (7)(A)) performing work for compensation on a full-time, part-time, or temporary basis shall be counted, except that if the number of such employees who perform work for such a person for compensation fluctuates, the number may be determined for a calendar year based upon the average number of such employees who performed work for the person for compensation during the preceding calendar year. (C) Person In this paragraph, and paragraph (7), the term person (6) Domestic partner The term domestic partner (7) Employee The term employee (A) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment; (D) a covered employee, as defined in section 411(c) (E) a Federal officer or employee covered under subchapter V of chapter 63 (F) an employee of the Library of Congress; or (G) an employee of the Government Accountability Office. (8) Employer The term employer (A) who is— (i) a covered employer, as defined in paragraph (4), who is not described in any of clauses (ii) through (vii); (ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (iii) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (iv) an employing office, as defined in section 411(c) (v) an employing agency covered under subchapter V of chapter 63 (vi) the Librarian of Congress; or (vii) the Comptroller General of the United States; and (B) who is engaged in commerce (including government), in the production of goods for commerce, or in an enterprise engaged in commerce (including government) or in the production of goods for commerce. (9) Family relationship The term family relationship (10) Grandchild The term grandchild (11) Grandparent The term grandparent (12) Minimum number of expected work hours The term minimum number of expected work hours (13) Parent The term parent (14) Parental relationship The term parental relationship (15) Part-time employee The term part-time employee (16) Retail, food service, or cleaning employee (A) In general The term retail, food service, or cleaning employee (i) Retail sales occupations consisting of occupations described in 41–1010 and 41–2000, and all subdivisions thereof, of such System, which includes first-line supervisors of sales workers, cashiers, gaming change persons and booth cashiers, counter and rental clerks, parts salespersons, and retail salespersons. (ii) Food preparation and serving related occupations as described in 35–0000, and all subdivisions thereof, of such System, which includes supervisors of food preparation and serving workers, cooks and food preparation workers, food and beverage serving workers, and other food preparation and serving related workers. (iii) Building cleaning occupations as described in 37–2011, 37–2012 and 37–2019 of such System, which includes janitors and cleaners, maids and housekeeping cleaners, and building cleaning workers. (B) Exclusions Notwithstanding subparagraph (A), the term retail, food service, or cleaning employee 29 U.S.C. 213(a)(1) (17) Secretary The term Secretary (18) Serious health condition The term serious health condition (19) Sibling The term sibling (20) Split shift The term split shift (A) a schedule in which the total time out for meals does not exceed one hour shall not be treated as a split shift; and (B) a schedule in which the break in the employee's work shift is requested by the employee shall not be treated as a split shift. (21) Spouse (A) In general The term spouse (i) a marriage as defined or recognized under State law in the State in which the marriage was entered into; or (ii) in the case of a marriage entered into outside of any State, a marriage that is recognized in the place where entered into and could have been entered into in at least 1 State. (B) Same-sex or common law marriage Such term includes an individual in a same-sex or common law marriage that meets the requirements of subparagraph (A). (22) State The term State (23) Work schedule The term work schedule (24) Work schedule change The term work schedule change (25) Work Shift The term work shift (26) Various additional terms (A) Commerce terms The terms commerce industry or activity affecting commerce (B) Employ The term employ 3. Right to request and receive a flexible, predictable or stable work schedule (a) Right To request An employee may apply to the employee's employer to request a change in the terms and conditions of employment as they relate to— (1) the number of hours the employee is required to work or be on call for work; (2) the times when the employee is required to work or be on call for work; (3) the location where the employee is required to work; (4) the amount of notification the employee receives of work schedule assignments; and (5) minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis. (b) Employer obligation To engage in an interactive process (1) In general If an employee applies to the employee's employer to request a change in the terms and conditions of employment as set forth in subsection (a), the employer shall engage in a timely, good faith interactive process with the employee that includes a discussion of potential schedule changes that would meet the employee’s needs. (2) Result Such process shall result in— (A) either granting or denying the request; (B) in the event of a denial, considering alternatives to the proposed change that might meet the employee’s needs and granting or denying a request for an alternative change in the terms and conditions of employment as set forth in subsection (a); and (C) in the event of a denial, stating the reason for denial. (3) Information If information provided by the employee making a request under this section requires clarification, the employer shall explain what further information is needed and give the employee reasonable time to produce the information. (c) Requests related to caregiving, enrollment in education or training, or a second job If an employee makes a request for a change in the terms and conditions of employment as set forth in subsection (a) because of a serious health condition of the employee, due to the employee’s responsibilities as a caregiver, or due to the employee's enrollment in a career-related educational or training program, or if a part-time employee makes a request for such a change for a reason related to a second job, the employer shall grant the request, unless the employer has a bona fide business reason for denying the request. (d) Other requests If an employee makes a request for a change in the terms and conditions of employment as set forth in subsection (a), for a reason other than those reasons set forth in subsection (c), the employer may deny the request for any reason that is not unlawful. If the employer denies such a request, the employer shall provide the employee with the reason for the denial, including whether any such reason was a bona fide business reason. 4. Requirements for reporting time pay, split shift pay, and advance notice of work schedules (a) Reporting time pay requirement An employer shall pay a retail, food service, or cleaning employee— (1) for at least 4 hours at the employee’s regular rate of pay for each day on which the retail, food service, or cleaning employee reports for work, as required by the employer, but is given less than four hours of work, except that if the retail, food service, or cleaning employee’s scheduled hours for a day are less than 4 hours, such retail, food service, or cleaning employee shall be paid for the employee’s scheduled hours for that day if given less than the scheduled hours of work; and (2) for at least 1 hour at the employee’s regular rate of pay for each day the retail, food service, or cleaning employee is given specific instructions to contact the employee's employer, or wait to be contacted by the employer, less than 24 hours in advance of the start of a potential work shift to determine whether the employee must report to work for such shift. (b) Split shift pay requirement An employer shall pay a retail, food service, or cleaning employee for one additional hour at the retail, food service, or cleaning employee’s regular rate of pay for each day during which the retail, food service, or cleaning employee works a split shift. (c) Advance notice requirement (1) Initial schedule On or before a new retail, food service, or cleaning employee’s first day of work, the employer shall inform the retail, food service, or cleaning employee in writing of the employee's work schedule and the minimum number of expected work hours the retail, food service, or cleaning employee will be assigned to work per month. (2) Providing notice of new schedules Except as provided in paragraph (3), if a retail, food service, or cleaning employee’s work schedule changes from the work schedule of which the retail, food service, or cleaning employee was informed pursuant to paragraph (1), the employer shall provide the retail, food service, or cleaning employee with the employee's new work schedule not less than 14 days before the first day of the new work schedule. If the expected minimum number of work hours that a retail, food service, or cleaning employee will be assigned changes from the number of which the employee was informed pursuant to paragraph (1), the employer shall also provide notification of that change, not less than 14 days in advance of the first day this change will go into effect. Nothing in this subsection shall be construed to prohibit an employer from providing greater advance notice of a retail, food service, or cleaning employee’s work schedule than is required under this section. (3) Work schedule changes made with less than 24 hours’ notice An employer may make work schedule changes as needed, including by offering additional hours of work to retail, food service, or cleaning employees beyond those previously scheduled, but an employer shall be required to provide one extra hour of pay at the retail, food service, or cleaning employee’s regular rate for each shift that is changed with less than 24 hours’ notice, except in the case of the need to schedule the retail, food service, or cleaning employee due to the unforeseen unavailability of a retail, food service, or cleaning employee previously scheduled to work that shift. (4) Notifications in writing The notifications required under paragraphs (1) and (2) shall be made to the employee in writing. Nothing in this subsection shall be construed as prohibiting an employer from using any additional means of notifying a retail, food service, or cleaning employee of the employee's work schedule. (5) Schedule posting requirement Every employer employing any retail, food service, or cleaning employee subject to this Act shall post the schedule and keep it posted in a conspicuous place in every establishment where such retail, food service, or cleaning employee is employed so as to permit the employee to observe readily a copy. Availability of that schedule by electronic means accessible by all retail, food service, or cleaning employees of that employer shall be considered compliance with this subsection. (6) Employee shift trading Nothing in this subsection shall be construed to prevent an employer from allowing a retail, food service, or cleaning employee to work in place of another employee who has been scheduled to work a particular shift as long as the change in schedule is mutually agreed upon by the employees. An employer shall not be subject to the requirements of paragraph (2) or (3) for such voluntary shift trades. (d) Exception The requirements in subsections (a), (b), and (c) shall not apply during periods when regular operations of the employer are suspended due to events beyond the employer’s control. 5. Prohibited Acts (a) Interference with rights It shall be unlawful for any employer to interfere with, restrain, or deny the exercise or the attempt to exercise, any right of an employee as set forth in section 3 or of a retail, food service, or cleaning employee as set forth in section 4. (b) Retaliation prohibited It shall be unlawful for any employer to discharge, threaten to discharge, demote, suspend, reduce work hours of, or take any other adverse employment action against any employee in retaliation for exercising the rights of an employee under this Act or opposing any practice made unlawful by this Act. For purposes of section 3, such retaliation shall include taking an adverse employment action against any employee on the basis of that employee’s eligibility or perceived eligibility to request or receive a change in the terms and conditions of employment, as described in such section, on the basis of a reason set forth in section 3(c). (c) Interference with Proceedings or Inquiries It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual— (1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Act; (2) has given or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act. 6. Remedies and enforcement (a) Investigative authority (1) In general To ensure compliance with this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to paragraph (3), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)). (2) Obligation to keep and preserve records Each employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with regulations issued by the Secretary under section 8. (3) Required submissions generally limited to an annual basis The Secretary shall not under the authority of this subsection require any employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this Act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to subsection (c). (4) Subpoena powers For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 (b) Civil action by employees (1) Liability Any employer who violates section 5(a) (with respect to a right set forth in section 4) or subsection (b) or (c) of section 5 (referred to in this section as a covered provision (A) damages equal to the amount of— (i) any wages, salary, employment benefits (as defined in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 (ii) in a case in which wages, salary, employment benefits (as so defined), or other compensation have not been denied, lost, or owed to the employee, any actual monetary losses sustained by the employee as a direct result of the violation; (B) interest on the amount described in subparagraph (A) calculated at the prevailing rate; (C) an additional amount as liquidated damages equal to the sum of the amount described in subparagraph (A) and the interest described in subparagraph (B), except that if an employer who has violated a covered provision proves to the satisfaction of the court that the act or omission which violated the covered provision was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of a covered provision, such court may, in the discretion of the court, reduce the amount of liability to the amount and interest determined under subparagraphs (A) and (B), respectively; and (D) such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (2) Right of Action An action to recover the damages or equitable relief set forth in paragraph (1) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and on behalf of— (A) the employees; or (B) the employees and other employees similarly situated. (3) Fees and Costs The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitations The right provided by paragraph (2) to bring an action by or on behalf of any employee shall terminate on the filing of a complaint by the Secretary in an action under subsection (c)(3) in which a recovery is sought of the damages described in paragraph (1)(A) owing to an employee by an employer liable under paragraph (1) unless the action described is dismissed without prejudice on motion of the Secretary. (c) Actions by the Secretary (1) Administrative Action The Secretary shall receive, investigate, and attempt to resolve complaints of violations of this Act in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207), and may issue an order making determinations, and assessing a civil penalty described in paragraph (3) (in accordance with paragraph (3)), with respect to such an alleged violation. (2) Administrative Review An affected person who takes exception to an order issued under paragraph (1) may request review of and a decision regarding such an order by an administrative law judge. In reviewing the order, the administrative law judge may hold an administrative hearing concerning the order, in accordance with the requirements of sections 554, 556, and 557 of title 5, United States Code. Such hearing shall be conducted expeditiously. If no affected person requests such review within 60 days after the order is issued under paragraph (1), the order shall be considered to be a final order that is not subject to judicial review. (3) Civil penalty An employer who willfully and repeatedly violates— (A) paragraph (1), (4), or (5) of section 4(c) shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $100 per violation; and (B) subsection (b) or (c) of section 5 shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $1,100 per violation. (4) Civil action The Secretary may bring an action in any court of competent jurisdiction on behalf of aggrieved employees to— (A) restrain violations of this Act; (B) award such equitable relief as may be appropriate, including employment, reinstatement, and promotion; and (C) in the case of a violation of a covered provision, recover the damages and interest described in subparagraphs (A) through (C) of subsection (b)(1). (d) Limitation (1) In general Except as provided in paragraph (2), an action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (2) Willful Violation In the case of such action brought for a willful violation of section 5, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. (3) Commencement In determining when an action is commenced by the Secretary under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed. (e) Other Administrative Officers (1) Board In the case of employees described in section 2(7)(C), the authority of the Secretary under this Act shall be exercised by the Board of Directors of the Office of Compliance. (2) President; Merit Systems Protection Board In the case of employees described in section 2(7)(D), the authority of the Secretary under this Act shall be exercised by the President and the Merit Systems Protection Board. (3) Office of Personnel Management In the case of employees described in section 2(7)(E), the authority of the Secretary under this Act shall be exercised by the Office of Personnel Management. (4) Librarian of Congress In the case of employees of the Library of Congress, the authority of the Secretary under this Act shall be exercised by the Librarian of Congress. (5) Comptroller General In the case of employees of the Government Accountability Office, the authority of the Secretary under this Act shall be exercised by the Comptroller General of the United States. 7. Notice and posting (a) In general Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Secretary (or the corresponding administrative officer specified in section 8) setting forth excerpts from, or summaries of, the pertinent provisions of this Act and information pertaining to the filing of a complaint under this Act. (b) Penalty Any employer that willfully violates this section may be assessed a civil money penalty not to exceed $100 for each separate offense. 8. Regulations (a) In general Except as provided in subsections (b) through (f), not later than 180 days after the date of enactment of this Act, the Secretary shall issue such regulations as may be necessary to implement this Act. (b) Board (1) In general Not later than 180 days after the date of enactment of this Act, the Board of Directors of the Office of Compliance shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(7)(C). (2) Consideration In prescribing the regulations, the Board shall take into consideration the enforcement and remedies provisions concerning the Board, and applicable to rights and protections under the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.), under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.). (3) Modifications The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Board may determine, for good cause shown and stated together with the regulations issued by the Board, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act. (c) President (1) In general Not later than 180 days after the date of enactment of this Act, the President shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(7)(D). (2) Consideration In prescribing the regulations, the President shall take into consideration the enforcement and remedies provisions concerning the President and the Merit Systems Protection Board, and applicable to rights and protections under the Family and Medical Leave Act of 1993, under chapter 5 (3) Modifications The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the President may determine, for good cause shown and stated together with the regulations issued by the President, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act. (d) Office of Personnel Management (1) In general Not later than 180 days after the date of enactment of this Act, the Office of Personnel Management shall issue such regulations as may be necessary to implement this Act with respect to employees described in section 2(7)(E). (2) Consideration In prescribing the regulations, the Office shall take into consideration the enforcement and remedies provisions concerning the Office under subchapter V of chapter 63 of title 5, United States Code. (3) Modifications The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Office may determine, for good cause shown and stated together with the regulations issued by the Office, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act. (e) Librarian of Congress (1) In general Not later than 180 days after the date of enactment of this Act, the Librarian of Congress shall issue such regulations as may be necessary to implement this Act with respect to employees of the Library of Congress. (2) Consideration In prescribing the regulations, the Librarian shall take into consideration the enforcement and remedies provisions concerning the Librarian of Congress under title I of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 et seq. (3) Modifications The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Librarian may determine, for good cause shown and stated together with the regulations issued by the Librarian, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act. (f) Comptroller General (1) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General shall issue such regulations as may be necessary to implement this Act with respect to employees of the Government Accountability Office. (2) Consideration In prescribing the regulations, the Comptroller General shall take into consideration the enforcement and remedies provisions concerning the Comptroller General under title I of the Family and Medical Leave Act of 1993. (3) Modifications The regulations issued under paragraph (1) to implement this Act shall be the same as substantive regulations issued by the Secretary to implement this Act, except to the extent that the Comptroller General may determine, for good cause shown and stated together with the regulations issued by the Comptroller General, that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this Act. 9. Research, education, and technical assistance program (a) In general The Secretary shall provide information and technical assistance to employers, labor organizations, and the general public concerning compliance with this Act. (b) Program In order to achieve the objectives of this Act— (1) the Secretary, acting through the Administrator of the Wage and Hour Division of the Department of Labor, shall issue guidance on compliance with this Act regarding providing a flexible, predictable, or stable work environment through changes in the terms and conditions of employment as provided in section 3(a); and (2) the Secretary shall carry on a continuing program of research, education, and technical assistance, including— (A) (i) conducting pilot programs that implement fairer work schedules, including by promoting cross training, providing three weeks or more advance notice of schedules, providing employees with a minimum number of hours of work, and using computerized scheduling software to provide more flexible, predictable, and stable schedules for employees; and (ii) evaluating the results of such pilot programs for employees, employee's families, and employers; (B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various communication media, and the general public the findings of studies regarding fair work scheduling policies and other materials for promoting compliance with this Act; (C) sponsoring and assisting State and community informational and educational programs; and (D) providing technical assistance to employers, labor organizations, professional associations, and other interested persons on means of achieving and maintaining compliance with the provisions of this Act. (c) GAO Study (1) Study The Comptroller General of the United States shall conduct a study on— (A) the impact of difficult scheduling practices on employees and employers, including unpredictable and unstable schedules and schedules over which employees have little control, and particularly how these scheduling practices impact absenteeism, workforce turnover, and employees' ability to meet their caregiving responsibilities; (B) the prevalence in occupations not described in section 2(16)(A) of employees routinely receiving inadequate advance notice of the shifts or hours of the employees, being assigned split shifts, being sent home from work prior to the completion of their scheduled shift without being paid for the hours in their scheduled shift, being assigned call-in shifts (where the employee is required to contact the employer, or wait to be contacted by the employer, less than 24 hours in advance of the potential work shift to determine whether the employee must report to work), or being called into work outside of scheduled hours; (C) the effects on employees in occupations not described in section 2(16)(A) of providing advance notice of work schedules, reporting time pay when employees are sent home without working their full scheduled shift or are assigned to call-in shifts but given no work for those shifts, and split shift pay when employees are assigned split shifts; and (D) the effects on employers in occupations not described in section 2(16)(A) of providing advance notice of work schedules, reporting time pay when employees are sent home without working their full scheduled shift or assigned to call-in shifts but given no work for those shifts, and split shift pay when employees are assigned split shifts. (2) Reports Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit a report to the appropriate committees of Congress concerning the initial results of the study conducted pursuant to paragraph (1). Not later than 5 years after the date of enactment of this Act, the Comptroller General shall prepare and submit a follow-up report to such committees concerning the results of such study. 10. Rights retained by employees This Act provides minimum requirements and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater rights for employees than are required in this Act. 11. Exemption This Act shall not apply to any employee covered by a bona fide collective bargaining agreement if the terms of the collective bargaining agreement include terms that govern work scheduling practices. 12. Effect on other law Nothing in this Act shall be construed as creating or imposing any requirement in conflict with any Federal or State law or regulation (including the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 29 U.S.C. 2611 et seq. 29 U.S.C. 151 et seq. 42 U.S.C. 2000e et seq.

Schedules That Work Act

Recovery Enhancement for Addiction Treatment Act or the TREAT Act - Amends the Controlled Substances Act to increase the number of patients that a qualifying practitioner dispensing narcotic drugs for maintenance or detoxification treatment is initially allowed to treat from 30 to 100 patients per year. Allows a qualifying physician, after one year, to request approval to treat an unlimited number of patients under specified conditions, including that he or she: (1) agrees to fully participate in the Prescription Drug Monitoring Program of the state in which the practitioner is licensed, (2) practices in a qualified practice setting, and (3) has completed at least 24 hours of training regarding treatment and management of opiate-dependent patients for substance use disorders provided by specified organizations. Revises the definition of a "qualifying practitioner" to include: (1) a physician who holds a board certification from the American Board of Addiction Medicine; and (2) a nurse practitioner or physicians assistant who is licensed under state law to prescribe schedule III, IV, or V medications for pain, who has specified training or experience that demonstrates specialization in the ability to treat opiate-dependent patients, who practices under the supervision of, or prescribes opioid addiction therapy in collaboration with, a licensed physician who holds an active waiver to prescribe schedule III, IV, or V narcotic medications for opioid addiction therapy, and who practices in a qualified practice setting. Directs the Comptroller General to initiate an evaluation of the effectiveness of this Act, including an evaluation of: (1) changes in the availability and use of medication-assisted treatment for opioid addiction, (2) the quality of medication-assisted treatment programs, (3) diversion of opioid addiction treatment medication, and (4) changes in state or local policies and legislation relating to opioid addiction treatment.

113 S2645 IS: TREAT Act U.S. Senate 2014-07-23 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. 2645 IN THE SENATE OF THE UNITED STATES July 23, 2014 Mr. Markey Mrs. Feinstein Mr. Rockefeller Mr. Brown Ms. Hirono Mr. Durbin Committee on Health, Education, Labor, and Pensions A BILL To provide access to medication-assisted therapy, and for other purposes. 1. Short title This Act may be cited as the Recovery Enhancement for Addiction Treatment Act TREAT Act 2. Findings Congress finds the following: (1) Overdoses from opioids have increased dramatically in the United States. (2) Deaths from drug overdose, largely from prescription pain relievers, have tripled among men and increased five-fold among women over the past decade. (3) Nationwide, drug overdoses now claim more lives than car accidents. (4) Opioid addiction is a chronic disease that, untreated, places a large burden on the healthcare system. Roughly 475,000 emergency room visits each year are attributable to the misuse and abuse of opioid pain medication. (5) Effective medication-assisted treatment for opioid addiction can decrease overdose deaths, be cost-effective, reduce transmissions of HIV and viral hepatitis, and reduce other social harms such as criminal activity. (6) Effective medication-assisted treatment programs for opioid addiction should include multiple components, including medications, cognitive and behavioral supports and interventions, and drug testing. (7) Effective medication-assisted treatment programs for opioid addiction may use a team of staff members, in addition to a prescribing provider, to deliver comprehensive care. (8) Access to medication-assisted treatments, including office-based buprenorphine opioid treatment, remains limited in part due to current practice regulations and an insufficient number of providers. (9) More than 10 years of experience in the United States with office-based buprenorphine opioid treatment has informed best practices for delivering successful, high quality care. 3. Expansion of patient limits under waiver Section 303(g)(2)(B) of the Controlled Substances Act (21 U.S.C. 823(g)(2)(B)) is amended— (1) in clause (i), by striking physician practitioner (2) in clause (iii)— (A) by striking 30 100 (B) by striking , unless, not sooner (3) by inserting at the end the following new clause: (iv) Not earlier than 1 year after the date on which a qualifying practitioner obtained an initial waiver pursuant to clause (iii), the qualifying practitioner may submit a second notification to the Secretary of the need and intent of the qualifying practitioner to treat an unlimited number of patients, if the qualifying practitioner— (I) (aa) satisfies the requirements of item (aa), (bb), (cc), or (dd) of subparagraph (G)(ii)(I); and (bb) agrees to fully participate in the Prescription Drug Monitoring Program of the State in which the qualifying practitioner is licensed, pursuant to applicable State guidelines; or (II) (aa) satisfies the requirements of item (ee), (ff), or (gg) of subparagraph (G)(ii)(I); (bb) agrees to fully participate in the Prescription Drug Monitoring Program of the State in which the qualifying practitioner is licensed, pursuant to applicable State guidelines; (cc) practices in a qualified practice setting; and (dd) has completed not less than 24 hours of training (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) with respect to the treatment and management of opiate-dependent patients for substance use disorders provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization that the Secretary determines is appropriate for purposes of this subclause. . 4. Definitions Section 303(g)(2)(G) of the Controlled Substances Act ( 21 U.S.C. 823(g)(2)(G) (1) by striking clause (ii) and inserting the following: (ii) The term qualifying practitioner (I) A physician who is licensed under State law and who meets 1 or more of the following conditions: (aa) The physician holds a board certification in addiction psychiatry from the American Board of Medical Specialties. (bb) The physician holds an addiction certification from the American Society of Addiction Medicine. (cc) The physician holds a board certification in addiction medicine from the American Osteopathic Association. (dd) The physician holds a board certification from the American Board of Addiction Medicine. (ee) The physician has completed not less than 8 hours of training (through classroom situations, seminar at professional society meetings, electronic communications, or otherwise) with respect to the treatment and management of opiate-dependent patients for substance use disorders provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization that the Secretary determines is appropriate for purposes of this subclause. (ff) The physician has participated as an investigator in 1 or more clinical trials leading to the approval of a narcotic drug in schedule III, IV, or V for maintenance or detoxification treatment, as demonstrated by a statement submitted to the Secretary by this sponsor of such approved drug. (gg) The physician has such other training or experience as the Secretary determines will demonstrate the ability of the physician to treat and manage opiate-dependent patients. (II) A nurse practitioner or physician assistant who is licensed under State law and meets all of the following conditions: (aa) The nurse practitioner or physician assistant is licensed under State law to prescribe schedule III, IV, or V medications for pain. (bb) The nurse practitioner or physician assistant satisfies 1 or more of the following: (AA) Has completed not fewer than 24 hours of training (through classroom situations, seminar at professional society meetings, electronic communications, or otherwise) with respect to the treatment and management of opiate-dependent patients for substance use disorders provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization that the Secretary determines is appropriate for purposes of this subclause. (BB) Has such other training or experience as the Secretary determines will demonstrate the ability of the nurse practitioner or physician assistant to treat and manage opiate-dependent patients. (cc) The nurse practitioner or physician assistant practices under the supervision of a licensed physician who holds an active waiver to prescribe schedule III, IV, or V narcotic medications for opioid addiction therapy, and— (AA) the supervising physician satisfies the conditions of item (aa), (bb), (cc), or (dd) of subclause (I); or (BB) both the supervising physician and the nurse practitioner or physician assistant practice in a qualified practice setting. (III) A nurse practitioner who is licensed under State law and meets all of the following conditions: (aa) The nurse practitioner is licensed under State law to prescribe schedule III, IV, or V medications for pain. (bb) The nurse practitioner has training or experience that the Secretary determines demonstrates specialization in the ability to treat opiate-dependent patients, such as a certification in addiction specialty accredited by the American Board of Nursing Specialties or the National Commission for Certifying Agencies, or a certification in addiction nursing as a Certified Addiction Registered Nurse—Advanced Practice. (cc) In accordance with State law, the nurse practitioner prescribes opioid addiction therapy in collaboration with a physician who holds an active waiver to prescribe schedule III, IV, or V narcotic medications for opioid addiction therapy. (dd) The nurse practitioner practices in a qualified practice setting. ; and (2) by adding at the end the following: (iii) The term qualified practice setting (I) A National Committee for Quality Assurance-recognized Patient-Centered Medical Home or Patient-Centered Specialty Practice. (II) A Centers for Medicaid & Medicare Services-recognized Accountable Care Organization. (III) A clinical facility administered by the Department of Veterans Affairs, Department of Defense, or Indian Health Service. (IV) A Behavioral Health Home accredited by the Joint Commission. (V) A 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) (VI) A Substance Abuse and Mental Health Services-certified Opioid Treatment Program. (VII) A clinical program of a State or Federal jail, prison, or other facility where individuals are incarcerated. (VIII) A clinic that demonstrates compliance with the Model Policy on DATA 2000 and Treatment of Opioid Addiction in the Medical Office issued by the Federation of State Medical Boards. (IX) A treatment setting that is part of an Accreditation Council for Graduate Medical Education, American Association of Colleges of Osteopathic Medicine, or American Osteopathic Association-accredited residency or fellowship training program. (X) Any other practice setting approved by a State regulatory board or State Medicaid Plan to provide addiction treatment services. (XI) Any other practice setting approved by the Secretary. . 5. GAO Evaluation Two years after the date on which the first notification under clause (iv) of section 303(g)(2)(B) of the Controlled Substances Act ( 21 U.S.C. 823(g)(2)(B) (1) any changes in the availability and use of medication-assisted treatment for opioid addiction; (2) the quality of medication-assisted treatment programs; (3) the integration of medication-assisted treatment with routine healthcare services; (4) diversion of opioid addiction treatment medication; (5) changes in State or local policies and legislation relating to opioid addiction treatment; (6) the use of nurse practitioners and physician assistants who prescribe opioid addiction medication; (7) the use of Prescription Drug Monitoring Programs by waived practitioners to maximize safety of patient care and prevent diversion of opioid addiction medication; (8) the findings of Drug Enforcement Agency inspections of waived practitioners, including the frequency with which the Drug Enforcement Agency finds no documentation of access to behavioral health services; and (9) the effectiveness of cross-agency collaboration between Department of Health and Human Services and the Drug Enforcement Agency for expanding effective opioid addiction treatment.

TREAT Act

Runaway and Homeless Youth and Trafficking Prevention Act - Title I: Runaway and Homeless Youth Act - Reauthorizes the Runaway and Homeless Youth Act through FY2019, generally at FY2009 levels. (Sec. 103) Modifies the Basic Center Grant (BCG) Program (for short-term emergency shelter and family reunification services to runaway and homeless youth) to require local centers to provide safe shelter and services, including trauma-informed services, for runaway and homeless youth, and (if appropriate) services for their families, including individuals they identify as family. Extends the maximum stay in a BCG shelter from 21 to 30 days, and requires a shelter to provide suicide prevention services. Allows shelter services to include: (1) trauma-informed and gender-responsive services for runaway or homeless youth, including victims of trafficking in persons or sexual exploitation; and (2) an assessment of family engagement in support and reunification (if appropriate), interventions, and services for parents or legal guardians of such youth, or individuals they identify as family. Revises plan applicant record keeping requirements. Requires plan applicants to: (1) provide age, gender, and culturally and linguistically appropriate services to runaway youth; and (2) assist youth in completing the Free Application for Federal Student Aid. (Sec. 104) Revises the Transitional Living Grant (TLG) Program (for longer-term residential services, life skills, education, and employment support to older homeless youth) to require information and counseling services in basic life skills to be age, gender, and linguistically appropriate. Requires TLG plan applicants to provide suicide prevention services, counseling to homeless youth, and aftercare services. Requires a TLG plan to ensure proper referral of homeless youth to mental health services, including programs providing comprehensive services to victims of trafficking in persons or sexual exploitation. Requires plan applicants to provide age, gender, and culturally and linguistically appropriate services that address the needs of homeless and street youth. Revises plan applicant record keeping requirements. (Sec. 105) Revises requirements for the coordination of activities among federal agencies, grants for technical assistance and training, and grants for research, evaluation, demonstration, and service projects. (Sec. 106) Revises the sexual abuse prevention program to authorize the Secretary of Health and Human Services (HHS) to make grants to public agencies (as well as nonprofit private agencies, as under current law) to provide street-based services to runaway and homeless, and street youth who have been subjected to, or are at risk of being subjected to, sexual abuse, violence, trafficking in persons, or sexual exploitation. Requires a grant applicant to certify to the Secretary that it has systems in place to ensure that it can provide age, gender, and culturally and linguistically appropriate services to all such youth. (Sec. 107) Prohibits any person in the United States, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability, from being excluded from participation in, denied the benefits of, or subject to discrimination under any program or activity funded in whole or in part with funds made available under such Act, or any other program or activity funded in whole or in part with amounts appropriated for grants, cooperative agreements, or other assistance administered by the Administration for Children and Families of the Department of HHS. Subjects all grants awarded by the Secretary to accountability requirements concerned with: (1) audits of grant recipients to prevent waste, fraud, and abuse of grant funds; (2) disqualification of nonprofit organizations holding money in offshore accounts; (3) limitation to $20,000 of conference expenditures; (4) annual certification of audits conducted; and (5) a prohibition on use of grant funds for lobbying HHS for the award of grant funding. Title II: Combatting Human Trafficking - Justice for Victims of Trafficking Act of 2014 - (Sec. 202) Amends title XVIII to require the court to assess an amount of $5,000 on any non-indigent person or entity convicted of an offense relating to: (1) peonage, slavery, and trafficking in persons; (2) sexual abuse; (3) sexual exploitation and other abuse of children; (4) transportation for illegal sexual activity and related crimes; or (5) human smuggling in violation of the Immigration and Nationality Act, unless the person induced, assisted, abetted, or aided only an individual who at the time of such action was the alien's spouse, parent, son, or daughter to enter the United States in violation of law. Establishes in the Treasury the Domestic Trafficking Victims Fund into which the assessments collected under this Act are to be deposited. Requires the Attorney General to use the Fund to award grants or enhance victims' programming. Earmarks amounts in the Fund for grants to provide services for child pornography victims. Sets forth requirements pertaining to operation of the Fund, including transfer of all unobligated balances in it to the Crime Victims Fund on September 30 of each year. (Sec. 203) Amends the Trafficking Victims Protection Act to require the Secretary to issue a determination, based on a preponderance of the evidence, and at the individual's request, that a covered individual (i.e., a U.S. citizen or a permanent resident) is a victim of a severe form of trafficking. (Sec. 204) Amends the Trafficking Victims Protection Reauthorization Act of 2005 to replace the pilot program to establish residential treatment facilities for juveniles subjected to trafficking with a victim-centered child human trafficking deterrence block grant program. Authorizes the Attorney General to make renewable three-year block grants to an eligible entity to develop, improve, or expand comprehensive domestic child human trafficking deterrence programs that assist law enforcement officers, prosecutors, judicial officials, and qualified victims's service organizations in collaborating to rescue and restore the lives of victims, while investigating and prosecuting offenses involving child human trafficking. (Sec. 205) Amends the Victims of Child Abuse Act of 1990 to include human trafficking and the production of child pornography within the definition of child abuse for purposes of such Act. Authorizes the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to develop and implement specialized programs to identify and provide direct services to victims of child pornography. (Sec. 206) Amends the federal criminal code to direct the Attorney General to transfer assets forfeited as a result of their actual or intended use to commit or to facilitate the commission of a violation of human trafficking laws, or proceeds derived from the sale of such assets, to satisfy victim restitution orders arising from those violations. Makes the Department of Justice Assets Forfeiture Fund available to the Attorney General for the payment of awards for information or assistance directly relating to violations of the criminal laws prohibiting peonage, slavery, and trafficking in persons. Allows the use of this Forfeiture Fund also, at the Secretary of the Treasury's discretion, for purchases of evidence or information by the U.S. Immigration and Customs Enforcement with respect to a violation of human trafficking laws. (Sec. 207) Allows state and local prosecutors to obtain warrants in state courts for the investigation of human trafficking, child sexual exploitation, or child pornography production. (Sec. 208) Amends the Omnibus Crime Control and Safe Streets Act of 1968, with respect to the allocation of funds under the Edward Byrne Memorial Justice Assistance Grant Program, to include severe forms of trafficking in persons as a part 1 violent crime. (Sec. 209) Amends the federal criminal code to expand the range of conduct punished as sex trafficking of children. Amends the Trafficking Victims Protection Act of 2000 to revise the definition of sex trafficking to include the patronizing or solicitation of a person for a commercial sex act. (Sec. 210) Directs the Attorney General to ensure that all task forces and working groups within the Innocence Lost National Initiative engage in activities, programs, or operations to increase the investigative capabilities of state and local law enforcement officers in the detection, investigation, and prosecution of persons who patronize or solicit children for sex. (Sec. 211) Subjects all covered grants under the Attorney General's block grant program to accountability requirements pertaining to: (1) audits of grant recipients to prevent waste, fraud, and abuse of grant funds; (2) disqualification of nonprofit organizations holding money in offshore accounts; (3) limitation to $20,000 of conference expenditures; (4) annual certification of audits completed about conference expenditures; and (5) a prohibition on use of grant funds for lobbying the Department of Justice (DOJ) for the award of grant funding. Title III: Other Matters - (Sec. 301) Amends the Missing Children's Assistance Act, with respect to the cyber tipline of the National Center for Missing and Exploited Children (NCMEC) reporting Internet-related child sexual exploitation, to respecify child prostitution as child sex trafficking. Amends the Crime Control Act of 1990 to: require each missing child report to include a recent photograph of the child; reduce from 60 to 30 days after the original entry of a missing child record into the state law enforcement system and National Crime Information Center computer networks the deadline for verifying and updating that record with any additional information, including a recent photograph; require the law enforcement agency that entered the report into the Center to notify NCMEC of each report received relating to a child reported missing from a foster care family home or childcare institution; require that law enforcement agency to maintain close liaison with state and local child welfare systems; and require it also to grant permission to the Center Terminal Contractor for the state to update the missing person record in the Center computer networks with additional information learned during the investigation relating to the missing person. (Sec. 302) Combat Human Trafficking Act of 2014 - Directs the Director of the Bureau of Justice Statistics to report annually to Congress, the Attorney General, and other specified parties on: (1) the rates of arrest, prosecution, and conviction of individuals by state law enforcement officers for the provision, obtaining, patronizing, or soliciting of a commercial sex act involving a person subject to severe forms of trafficking in persons; and (2) sentences imposed on individuals convicted in state court system for such an offense. Directs the Attorney General to ensure that: (1) each DOJ anti-human trafficking program, including each anti-human trafficking training program for federal, state, or local law enforcement officers, includes technical training on effective methods for investigating and prosecuting individuals who obtain, patronize, or solicit commercial sex acts; and (2) federal law enforcement officers are engaged in activities, programs, or operations involving the detection, investigation, and prosecution of such individuals. Subjects the following offenses to the same wiretap authority as sex trafficking of children: (1) peonage; (2) involuntary servitude; (3) forced labor; (4) trafficking with respect to peonage, slavery, involuntary servitude, or forced labor; and (5) unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude or forced labor. Grants crime victims the right to be notified in a timely manner of any plea agreements or deferred prosecution agreement. Requires the court of appeals to apply ordinary standards of appellate review in deciding the application of a writ of mandamus asserting victim's rights. Applies this requirement to any petition for a writ of mandamus filed and pending on the date of enactment of this Act.

113 S2646 IS: Runaway and Homeless Youth and Trafficking Prevention Act U.S. Senate 2014-07-23 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. 2646 IN THE SENATE OF THE UNITED STATES July 23, 2014 Mr. Leahy Ms. Collins Committee on the Judiciary A BILL To reauthorize the Runaway and Homeless Youth Act, and for other purposes. 1. Short title This Act may be cited as the Runaway and Homeless Youth and Trafficking Prevention Act 2. References Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the amendment or repeal shall be considered to be made to a provision of the Runaway and Homeless Youth Act ( 42 U.S.C. 5701 et seq. 3. Findings Section 302 ( 42 U.S.C. 5701 (1) in paragraph (2), by inserting age, gender, and culturally and linguistically appropriate (2) in paragraph (4), by striking outside the welfare system and the law enforcement system , in collaboration with public assistance systems, the law enforcement system, and the child welfare system (3) in paragraph (5)— (A) by inserting a safe place to live and youth need (B) by striking and (4) in paragraph (6), by striking the period and inserting ; and (5) by adding at the end the following: (7) runaway and homeless youth are at a high risk of becoming victims of sexual exploitation and trafficking in persons. . 4. Basic center grant program (a) Grants for centers and services Section 311(a) ( 42 U.S.C. 5711(a) (1) in paragraph (1), by striking services safe shelter and services, including trauma-informed services, for runaway and homeless youth and, if appropriate, services for the families of such youth, including (if appropriate) individuals identified by such youth as family. (2) in paragraph (2)— (A) in subparagraph (A), by striking mental health, (B) in subparagraph (B)— (i) in clause (i), by striking 21 days; and 30 days; (ii) in clause (ii)— (I) by inserting age, gender, and culturally and linguistically appropriate individual (II) by inserting , as appropriate, group (III) by striking as appropriate including (if appropriate) counseling for individuals identified by such youth as family (iii) by adding at the end the following: (iii) suicide prevention services; and ; and (C) in subparagraph (C)— (i) in clause (ii), by inserting age, gender, and culturally and linguistically appropriate home-based services (ii) in clause (iii), by striking and (iii) in clause (iv), by striking diseases. infections; (iv) by adding at the end the following: (v) trauma-informed and gender-responsive services for runaway or homeless youth, including such youth who are victims of trafficking in persons or sexual exploitation; and (vi) an assessment of family engagement in support and reunification (if reunification is appropriate), interventions, and services for parents or legal guardians of such youth, or (if appropriate) individuals identified by such youth as family. . (b) Eligibility; plan requirements Section 312 ( 42 U.S.C. 5712 (1) in subsection (b)— (A) in paragraph (5), by inserting , or (if appropriate) individuals identified by such youth as family, parents or legal guardians (B) in paragraph (6), by striking cultural minority and persons with limited ability to speak English cultural minority, persons with limited ability to speak English, and runaway or homeless youth who are victims of trafficking in persons or sexual exploitation (C) by striking paragraph (7) and inserting the following: (7) shall keep adequate statistical records profiling the youth and family members of such youth whom the applicant serves, including demographic information on and the number of— (A) such youth who are not referred to out-of-home shelter services; (B) such youth who are members of vulnerable or underserved populations; (C) such youth who are victims of trafficking in persons or sexual exploitation, disaggregated by— (i) such youth who have been coerced or forced into a commercial sex act, as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 (ii) such youth who have been coerced or forced into other forms of labor; and (iii) such youth who have engaged in a commercial sex act, as so defined, for any reason other than by coercion or force; (D) such youth who are pregnant or parenting; (E) such youth who have been involved in the child welfare system; and (F) such youth who have been involved in the juvenile justice system; ; (D) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14); (E) by inserting after paragraph (7) the following: (8) shall ensure that— (A) the records described in paragraph (7), on an individual runaway or homeless youth, shall not be disclosed without the consent of the individual youth and parent or legal guardian of such youth, or (if appropriate) an individual identified by such youth as family, to anyone other than another agency compiling statistical records or a government agency involved in the disposition of criminal charges against an individual runaway or homeless youth; and (B) reports or other documents based on the statistics described in paragraph (7) shall not disclose the identity of any individual runaway or homeless youth; ; (F) in paragraph (9), as so redesignated, by striking statistical summaries statistics (G) in paragraph (13)(C), as so redesignated— (i) by striking clause (i) and inserting: (i) the number and characteristics of runaway and homeless youth, and youth at risk of family separation, who participate in the project, including such information on— (I) such youth (including both types of such participating youth) who are victims of trafficking in persons or sexual exploitation, disaggregated by— (aa) such youth who have been coerced or forced into a commercial sex act, as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); (bb) such youth who have been coerced or forced into other forms of labor; and (cc) such youth who have engaged in a commercial sex act, as so defined, for any reason other than by coercion or force; (II) such youth who are pregnant or parenting; (III) such youth who have been involved in the child welfare system; and (IV) such youth who have been involved in the juvenile justice system; and ; and (ii) in clause (ii), by striking and (H) in paragraph (14), as so redesignated, by striking the period and inserting for natural disasters, inclement weather, and mental health emergencies; (I) by adding at the end the following: (15) shall provide age, gender, and culturally and linguistically appropriate services to runaway and homeless youth; and (16) shall assist youth in completing the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ; and (2) in subsection (d)— (A) in paragraph (1)— (i) by inserting age, gender, and culturally and linguistically appropriate provide (ii) by striking families (including unrelated individuals in the family households) of such youth families of such youth (including unrelated individuals in the family households of such youth and, if appropriate, individuals identified by such youth as family) (iii) by inserting suicide prevention, physical health care, (B) in paragraph (4), by inserting , including training on trauma-informed and youth-centered care home-based services (c) Approval of applications Section 313(b) ( 42 U.S.C. 5713(b) (1) by striking priority to who priority to eligible applicants who (2) by striking ; and (3) by striking paragraph (2). 5. Transitional living grant program Section 322(a) ( 42 U.S.C. 5714–2(a) (1) in paragraph (1)— (A) by inserting age, gender, and culturally and linguistically appropriate information and counseling services (B) by striking job attainment skills, and mental and physical health care job attainment skills, mental and physical health care, and suicide prevention services (2) by redesignating paragraphs (3) through (8) and (9) through (16) as paragraphs (5) through (10) and (12) through (19), respectively; (3) by inserting after paragraph (2) the following: (3) to provide counseling to homeless youth and to encourage, if appropriate, the involvement in such counseling of their parents or legal guardians, or (if appropriate) individuals identified by such youth as family; (4) to provide aftercare services, if possible, to homeless youth who have received shelter and services from a transitional living youth project, including (to the extent practicable) such youth who, after receiving such shelter and services, relocate to a State other than the State in which such project is located; ; (4) in paragraph (9), as so redesignated— (A) by inserting age, gender, and culturally and linguistically appropriate referral of homeless youth to (B) by striking and health care programs mental health service and health care programs, including programs providing comprehensive services to victims of trafficking in persons or sexual exploitation, (C) by striking such services for youths; such programs described in this paragraph; (5) by inserting after paragraph (10), as so redesignated, the following: (11) to develop a plan to provide age, gender, and culturally and linguistically appropriate services that address the needs of homeless and street youth; ; (6) in paragraph (12), as so redesignated, by striking the applicant and statistical who participate in such project, the applicant, statistical summaries describing the number, the characteristics, and the demographic information of the homeless youth who participate in such project, including the prevalence of trafficking in persons and sexual exploitation of such youth, (7) in paragraph (19), as so redesignated, by inserting regarding responses to natural disasters, inclement weather, and mental health emergencies management plan 6. Coordinating, training, research, and other activities (a) Coordination Section 341 ( 42 U.S.C. 5714–21 (1) in the matter preceding paragraph (1), by inserting safety, well-being, health, (2) in paragraph (2), by striking other Federal entities the Department of Housing and Urban Development, the Department of Education, the Department of Labor, and the Department of Justice (b) Grants for technical assistance and training Section 342 ( 42 U.S.C. 5714–22 , including onsite and web-based techniques, such as on-demand and online learning, to public and private entities (c) Grants for research, evaluation, demonstration, and service projects Section 343 ( 42 U.S.C. 5714–23 (1) in subsection (b)— (A) in paragraph (5)— (i) in subparagraph (A), by inserting violence, trauma, and sexual abuse and assault (ii) in subparagraph (B), by striking sexual abuse and assault; and sexual abuse or assault, trafficking in persons, or sexual exploitation; (iii) in subparagraph (C), by striking who have been sexually victimized who are victims of sexual abuse or assault, trafficking in persons, or sexual exploitation (iv) by adding at the end the following: (D) best practices for identifying and providing age, gender, and culturally and linguistically appropriate services to— (i) vulnerable and underserved youth populations; and (ii) youth who are victims of trafficking in persons or sexual exploitation; and (E) verifying youth as runaway or homeless to complete the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ; (B) in paragraph (9), by striking and (C) in paragraph (10), by striking the period and inserting ; and (D) by adding at the end the following: (11) examining the intersection between the runaway and homeless youth populations and trafficking in persons, including noting whether such youth who are victims of trafficking in persons were previously involved in the child welfare or juvenile justice systems. ; and (2) in subsection (c)(2)(B), by inserting , including such youth who are victims of trafficking in persons or sexual exploitation runaway or homeless youth (d) Periodic estimate of incidence and prevalence of youth homelessness Section 345 ( 42 U.S.C. 5714–25 (1) in subsection (a)— (A) in paragraph (1)— (i) by striking 13 12 (ii) by striking and (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: (3) that includes demographic information about and characteristics of runaway or homeless youth, including such youth who are victims of trafficking in persons or sexual exploitation; and (4) that does not disclose the identity of any runaway or homeless youth. ; and (2) in subsection (b)(1)— (A) in the matter preceding subparagraph (A), by striking 13 12 (B) in subparagraph (A), by striking and (C) by redesignating subparagraph (B) as subparagraph (C); (D) by inserting after subparagraph (A) the following: (B) incidences, if any, of— (i) such individuals who are victims of trafficking in persons; or (ii) such individuals who are victims of sexual exploitation; and ; and (E) in subparagraph (C), as so redesignated— (i) in clause (ii), by striking ; and , including mental health services; (ii) by adding at the end the following: (iv) access to education and job training; and . 7. Sexual abuse prevention program Section 351 ( 42 U.S.C. 5714–41 (1) in subsection (a)— (A) by inserting public and nonprofit (B) by striking prostitution, or sexual exploitation. violence, trafficking in persons, or sexual exploitation. (2) by adding at the end the following: (c) Eligibility requirements To be eligible to receive a grant under subsection (a), an applicant shall certify to the Secretary that such applicant has systems in place to ensure that such applicant can provide age, gender, and culturally and linguistically appropriate services to all youth described in subsection (a). . 8. General provisions (a) Reports Section 382(a) ( 42 U.S.C. 5715(a) (1) in paragraph (1)— (A) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and (B) by inserting after subparagraph (A) the following: (B) collecting data on trafficking in persons and sexual exploitation of runaway and homeless youth; ; and (2) in paragraph (2)— (A) by striking subparagraph (A) and inserting the following: (A) the number and characteristics of homeless youth served by such projects, including— (i) such youth who are victims of trafficking in persons or sexual exploitation; (ii) such youth who are pregnant or parenting; (iii) such youth who have been involved in the child welfare system; and (iv) such youth who have been involved in the juvenile justice system; ; and (B) in subparagraph (F), by striking intrafamily problems problems within the family, including (if appropriate) individuals identified by such youth as family, (b) Nondiscrimination Part F is amended by inserting after section 386A ( 42 U.S.C. 5732–1 386B. Nondiscrimination (a) In general No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity (as defined in section 249(c)(4) of title 18, United States Code), sexual orientation, or disability, be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title, or any other program or activity funded in whole or in part with amounts appropriated for grants, cooperative agreements, or other assistance administered by the Administration for Children and Families of the Department of Health and Human Services. (b) Disqualification Any State, locality, organization, agency, or entity that violates the requirements of subsection (a) shall not be eligible to receive any grant, assistance, or funding provided under this title. . (c) Definitions Section 387 ( 42 U.S.C. 5732a (1) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; (2) in paragraph (5)(B)(v)— (A) by redesignating subclauses (II) through (IV) as subclauses (III) through (V), respectively; (B) by inserting after subclause (I), the following: (II) trafficking in persons; ; (C) in subclause (IV), as so redesignated— (i) by striking diseases infections (ii) by striking and (D) in subclause (V), as so redesignated, by striking the period and inserting ; and (E) by adding at the end the following: (VI) suicide. ; (3) in paragraph (6)(B), by striking prostitution, trafficking in persons, (4) by inserting after paragraph (6), the following: (7) Trafficking in persons The term trafficking in persons severe forms of trafficking in persons 22 U.S.C. 7102 ; (5) in paragraph (8), as so redesignated— (A) by inserting to homeless youth provides (B) by inserting , to establish a stable family or community supports, self-sufficient living (6) in paragraph (9)(B), as so redesignated— (A) in clause (ii)— (i) by inserting or able willing (ii) by striking or (B) in clause (iii), by striking the period and inserting ; or (C) by adding at the end the following: (iv) who is involved in the child welfare or juvenile justice system, but who is not receiving government-funded housing. . (d) Authorization of appropriations Section 388(a) ( 42 U.S.C. 5751(a) (1) in paragraph (1), by striking for fiscal year 2009, for each of fiscal years 2015 through 2019. (2) in paragraph (3)(B), by striking such sums as may be necessary for fiscal years 2009, 2010, 2011, 2012, and 2013. $2,000,000 for each of fiscal years 2015 through 2019. (3) in paragraph (4), by striking for fiscal year 2009 for each of fiscal years 2015 through 2019.

Runaway and Homeless Youth and Trafficking Prevention Act

Security Officer Screening Improvement Act of 2014 - Amends the National Child Protection Act of 1993 to direct the Attorney General to establish policies and procedures for: (1) informing entities that employ private security officers about how to request state and national background checks on officers and applicants, and (2) completing a check of the national criminal history background check system and providing information received to the entity designated by the Attorney General to carry out the criminal history review program. Requires a request for such a check to include the fingerprints of the covered individual, other documents required by state law for a state criminal history background check, and the appropriate fee, which shall be remitted to the Federal Bureau of Investigation (FBI), to offset the costs of conducting the criminal history review. Requires the Attorney General (or such designee) to: (1) establish a criminal history review program to provide requesting entities with information on the criminal history of officers or applicants; (2) establish procedures to securely receive criminal history records; (3) make determinations regarding whether such records indicate that the officer or applicant has a criminal history that may bear on his or her fitness to perform security services; and (4) convey to the requesting entity such determinations and guidance that the entity should consult the Equal Employment Opportunity Commission Enforcement Guidance #915.002, dated April 25, 2012, and entitled "Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964." Authorizes the FBI to retain any fingerprints submitted to it under this Act.

113 S2647 IS: Security Officer Screening Improvement Act of 2014 U.S. Senate 2014-07-23 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. 2647 IN THE SENATE OF THE UNITED STATES July 23, 2014 Mr. Toomey Committee on the Judiciary A BILL To amend the National Child Protection Act of 1993 to establish a permanent background check system for private security officers. 1. Short title This Act may be cited as the Security Officer Screening Improvement Act of 2014 2. Findings Congress finds the following: (1) The Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation maintains fingerprints and criminal history records on more than 71,000,000 individuals. (2) Congress has worked with the States to make criminal history background checks available to employers of private security officers through the Private Security Officer Employment Authorization Act of 2004 ( 28 U.S.C. 534 Public Law 92–544 3. Background checks The National Child Protection Act of 1993 ( 42 U.S.C. 5119 et seq. (1) by redesignating section 5 as section 6; and (2) by inserting after section 4 the following: 5. Program for national criminal history background checks (a) Definitions In this section— (1) the term background check designee (2) the term covered entity (3) the term covered individual (4) the term criminal history review designee (5) the term criminal history review program (6) the term qualified State program (7) the term private security officer 28 U.S.C. 534 (8) the term State (b) Establishment of program (1) Purpose The purpose of this subsection is to facilitate widespread access to State and national criminal history background checks, not otherwise authorized by Federal or State law, on private security officers and prospective private security officers. (2) In general Not later than 1 year after the date of enactment of the Security Officer Screening Improvement Act of 2014 (A) policies and procedures to carry out the duties described in subsection (c); and (B) a criminal history review program in accordance with subsection (d). (3) Designees The Attorney General may designate 1 or more Federal Government agencies to carry out the duties described in subsection (c). (c) Access to state and national background checks (1) Duties The Attorney General shall— (A) inform covered entities about how to request State and national background checks— (i) for covered entities located in a State with a qualified State program, by referring the covered entity to the State authorized agency; or (ii) for covered entities located in a State without a qualified State program, by providing information on alternative methods of obtaining a State and national background check; (B) complete a check of the national criminal history background check system; and (C) provide information received in response to such national criminal history background check to the criminal history review designee. (2) Required information A request for a State and national criminal history background check shall include— (A) the fingerprints of the covered individual; (B) other documents required by State law for a State criminal history background check; and (C) the appropriate fee. (3) Fees The Attorney General shall, in addition to the fee for the non-criminal justice, non-law enforcement national criminal history background check authorized under title II of the Department of Justice Appropriations Act, 1991 under the heading Salaries and expenses Federal Bureau of Investigation Public Law 101–105 28 U.S.C. 534 (A) collect a fee to offset the costs of carrying out the duties described in subsection (d), in an amount equal to the cost of conducting the criminal history review; and (B) remit such fee to the Federal Bureau of Investigation. (d) Criminal history review program (1) Purpose The purpose of this subsection is to provide covered entities with reliable and accurate information regarding the fitness of the covered individuals for performing security services. (2) Requirements The Attorney General or designee shall— (A) establish procedures to securely receive criminal history records; (B) make determinations regarding whether the criminal history records received in response to a criminal history background check conducted under this section indicate that the covered individual has a criminal history that may bear on the covered individual's fitness to perform security services; and (C) convey to the covered entity that submitted the request for a State and national criminal history background check— (i) the fitness and suitability of the covered individual based solely on the criteria described in paragraph (3); and (ii) instructions and guidance that the covered entity should consult the Equal Employment Opportunity Commission Enforcement Guidance #915.002, dated April 25, 2012, Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964 (3) Criminal history review criteria In determining whether a criminal history record indicates that a covered individual has a criminal history that may bear on the fitness of the covered individual to perform security services, the Attorney General or designee shall employ the criteria used to evaluate individuals under the Private Security Officer Employment Authorization Act of 2004 ( 28 U.S.C. 534 (4) Application processing (A) In general The Attorney General shall establish the process by which a covered entity in a State without a qualified State program may obtain a State and national criminal history background check. (B) Challenge to completeness of record A covered individual may challenge the completeness of any information in the criminal history record of the individual by contacting the Federal Bureau of Investigation under the procedure set out in section 16.34 (5) Participation in program The Attorney General or designee shall determine whether an entity is a covered entity. (6) Privacy of information (A) In general Any entity authorized to receive or transmit fingerprints or criminal history records under this section— (i) shall use the fingerprints, criminal history records, or information in the criminal history records only for the purposes specifically set forth in this section; and (ii) shall maintain adequate security measures to ensure the confidentiality of the fingerprints, the criminal history records, and the information in the criminal history records. (B) Retention of fingerprints by the FBI In accordance with State or Federal procedures, for the purpose of providing fingerprint verification, criminal investigation or subsequent hit notification services, or for the retention of criminal history, the Federal Bureau of Investigation may retain any fingerprints submitted to the Federal Bureau of Investigation under this section. (7) Rule of construction Nothing in this subsection shall be construed to change or replace any background check program authorized by Federal or State law on the day before the date of enactment of the Security Officer Screening Improvement Act of 2014 .

Security Officer Screening Improvement Act of 2014

Emergency Supplemental Appropriations Act, 2014 - Appropriates supplemental funds for FY2014 to specified federal agencies and programs to respond to the increased apprehensions of unaccompanied children and minors along the southwestern border, fight wildfires, and support Israel's Iron Dome anti-missile defense system. Provides appropriations for the Department of Justice (DOJ); the Department of Homeland Security (DHS), including U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE); the Department of Health and Human Services (HHS); and the Department of State to cover necessary expenses to respond to the significant rise in unaccompanied children and adults with children at the southwest border. Provides appropriations for the U.S Department of Agriculture's (USDA's) Forest Service to cover anticipated wildfire suppression funding shortfalls if funds previously provided for wildfire suppression will be exhausted imminently and USDA notifies the appropriations committees of the need for additional funds. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require certain adjustments to discretionary spending limits for FY2015-FY2021 for wildfire suppression operations in the wildland fire management accounts at the Department of the Interior and the USDA. Provides appropriations for the Department of Defense (DOD) to assist the government of Israel with procurement of the Iron Dome defense system to counter short-range rocket threats. Designates funding provided in the Act as an emergency requirement pursuant to the Balanced Budget And Emergency Deficit Control Act of 1985. Specifies authorized, restricted, and prohibited uses of appropriated funds.

113 S2648 PCS: Emergency Supplemental Appropriations Act, 2014 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 488 113th CONGRESS 2d Session S. 2648 IN THE SENATE OF THE UNITED STATES July 23, 2014 Ms. Mikulski July 24, 2014 Read the second time and placed on the calendar A BILL Making emergency supplemental appropriations for the fiscal year ending September 30, 2014, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2014, and for other purposes, namely: I Southwestern Border Crisis 1 DEPARTMENT OF JUSTICE General administration Administrative Review and Appeals For an additional amount for Administrative Review and Appeals Provided Provided further (1) $6,700,000 is for the Executive Office of Immigration Review for courthouse equipment and automated system requirements; (2) $5,000,000 is for the Executive Office for Immigration Review Legal Orientation Program; (3) $50,000,000 is for the Executive Office for Immigration Review to implement a program to provide counsel for unaccompanied alien children; and (4) $500,000 shall be transferred to the Department of Justice’s Office of Inspector General for audits and investigations related to the response to the rise in unaccompanied children and adults with children at the southwest border. Legal activities Salaries and Expenses, General Legal Activities For an additional amount for Salaries and Expenses, General Legal Activities Provided 2 Department of homeland security Office of inspector general For an additional amount for the Office of Inspector General Provided U.S. Customs and border protection Salaries and Expenses For an additional amount for Salaries and Expenses Provided Air and Marine Operations For an additional amount for Air and Marine Operations Provided U.S. Immigration and customs enforcement Salaries and Expenses For an additional amount for Salaries and Expenses Provided General provision—this chapter 1201. Any appropriations provided to the Department of Homeland Security by this title may be reprogrammed or transferred without limitation between such appropriations after notification to the Committees on Appropriations of the Senate and the House of Representatives: Provided 3 DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for children and families Refugee and Entrant Assistance (INCLUDING TRANSFER OF FUNDS) For an additional amount for Refugee and Entrant Assistance Public Law 113–76 for carrying out such sections 414, 501, 462, and 235 Provided Provided further Provided further Public Health and Social Services Emergency Fund Provided further Provided further Office of Inspector General Provided further Public Law 113–76 Provided further 4 DEPARTMENT OF STATE Administration of foreign affairs Diplomatic and Consular Programs For an additional amount for Diplomatic and Consular Programs Provided RELATED AGENCY Broadcasting board of governors International Broadcasting Operations For an additional amount for International Broadcasting Operations Provided BILATERAL ECONOMIC ASSISTANCE Funds appropriated to the president Economic Support Fund (INCLUDING TRANSFER OF FUNDS) For an additional amount for Economic Support Fund Provided Complex Crises Fund Provided further Provided further Provided further Provided further INTERNATIONAL SECURITY ASSISTANCE Department of state International Narcotics Control and Law Enforcement For an additional amount for International Narcotics Control and Law Enforcement Provided General provisions—this chapter (including transfer of funds) Multi-year prevention and response strategy 1401. Not later than 90 days after enactment of this Act and prior to the obligation of funds appropriated under this chapter in this Act, the Secretary of State and the Administrator of the United States Agency for International Development (USAID), following consultation with the heads of other relevant United States Government agencies, the Committees on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, civil society organizations, and national and local governments in Central America, shall jointly submit to such committees an integrated, multi-year prevention and response strategy to inform Central American children and their families of the dangers of the journey to the United States and to address the root causes of migration from Central America, including: to strengthen social services, law enforcement, and judicial system capacity (with an emphasis on community policing and other community violence reduction programs) to dismantle criminal gangs, combat other organized crime and violence (including domestic and sexual abuse), extortion, narcotics trafficking, and human smuggling and trafficking; eliminate public sector corruption and strengthen governance; develop child welfare services (including shelters); provide safe educational, vocational, and technical training opportunities for children and youth; address obstacles to equitable economic growth and support job creation programs; expand the activities of the United Nations High Commissioner for Refugees in Central America; and to support the safe repatriation and reintegration of migrants: Provided Provided further Provided further Provided further Cost-matching requirement 1402. Funds appropriated by this Act and prior acts making appropriations for the Department of State, foreign operations, and related programs under the headings Economic Support Fund International Narcotics Control and Law Enforcement Provided Consultation and notification 1403. Funds appropriated under this chapter in this Act may only be made available for obligation and transfer following consultation with the Committees on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, and such funds and funds appropriated in prior Acts making appropriations for the Department of State, foreign operations, and related programs to address the root causes of migration from Central America, and to support the safe repatriation and reintegration of migrants, shall be subject to the regular notification procedures of the Committees on Appropriations. Oversight 1404. Of the funds appropriated by this Act under the headings Diplomatic and Consular Programs Economic Support Fund International Narcotics Control and Law Enforcement Department of State and Related Agency, Administration of Foreign Affairs, Office of Inspector General United States Agency for International Development, Funds Appropriated to the President, Office of Inspector General Provided 5 General provisions—this title 1501. Not to exceed $250,000,000 of any appropriation made available in this title may be transferred between such appropriations with the approval of the Director of the Office of Management and Budget: Provided Provided further 1502. The Secretary of Homeland Security, in consultation with the Secretary of State and the Attorney General, shall submit to the Committees on Appropriations of the Senate and the House of Representatives a plan on the steps the United States Government will take to interdict and disrupt human smuggling, trafficking organizations and other transnational criminal organizations transporting unaccompanied children and adults with children to the southwest border of the United States: Provided Provided further II WILDLAND FIRE MANAGEMENT DEPARTMENT OF AGRICULTURE Forest service Wildland Fire Management For an additional amount for Wildland Fire Management Provided Provided further General provisions—this title WILDFIRE DISASTER FUNDING AUTHORITY 2101. (a) In General Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at the end the following: (E) FLAME wildfire suppression (i) If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for wildfire suppression operations for that fiscal year, but shall not exceed— (I) for fiscal year 2015, $1,410,000,000 in additional new budget authority; (II) for fiscal year 2016, $1,460,000,000 in additional new budget authority; (III) for fiscal year 2017, $1,557,000,000 in additional new budget authority; (IV) for fiscal year 2018, $1,778,000,000 in additional new budget authority; (V) for fiscal year 2019, $2,030,000,000 in additional new budget authority; (VI) for fiscal year 2020, $2,319,000,000 in additional new budget authority; and (VII) for fiscal year 2021, $2,650,000,000 in additional new budget authority. (ii) As used in this subparagraph— (I) the term additional new budget authority (II) the term wildfire suppression operations (iii) The average costs for wildfire suppression operations over the previous 10 years shall be calculated annually and reported in the President's Budget submission under section 1105(a) . (b) Disaster funding Section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)) is amended— (1) in clause (i)— (A) in subclause (I), by striking and plus (B) in subclause (II), by striking the period and inserting ; less (C) by adding the following: (III) the additional new budget authority provided in an appropriation Act for wildfire suppression operations pursuant to subparagraph (E) for the preceding fiscal year. ; and (2) by adding at the end the following: (v) Beginning in fiscal year 2017 and in subsequent fiscal years, the calculation of the average funding provided for disaster relief over the previous 10 years . Reporting requirements 2102. (a) Supplemental appropriations If the Secretary of the Interior or the Secretary of Agriculture determines that supplemental appropriations are necessary for a fiscal year for wildfire suppression operations, the Secretary of the Interior or the Secretary of Agriculture, as applicable, shall promptly submit to Congress estimates for such supplemental requirements. (b) Accounting, reports and accountability (1) Accounting and reporting requirements In each fiscal year, the Secretary of the Interior and the Secretary of Agriculture shall account for and report on the amounts used from the additional new budget authority for wildfire suppression operations provided to the Secretary of the Interior or the Secretary of Agriculture, as applicable, in an appropriations Act pursuant to subparagraph (E)(ii) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) (as amended by section 2101(b) of this Act). (2) Annual report (A) In general Not later than 180 days after the end of each fiscal year for which additional new budget authority is used pursuant to subparagraph (E)(ii) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) (as amended by section 2101(b) of this Act), the Secretary of the Interior or the Secretary of Agriculture, as applicable, shall— (i) prepare an annual report with respect to the additional new budget authority; (ii) submit to the appropriate committees of Congress the annual report prepared under clause (i); and (iii) make the report prepared under clause (i) available to the public. (B) Components The annual report prepared under subparagraph (A) shall— (i) document risk-based factors that influenced management decisions with respect to wildfire suppression operations; (ii) analyze a statistically significant sample of large fires, including an analysis for each fire of— (I) cost drivers; (II) the effectiveness of risk management techniques; (III) any resulting ecological or other benefits to the landscape; (IV) the impact of investments in wildfire suppression operations preparedness; (V) suggested corrective actions; and (VI) any other factors the Secretary of the Interior of the Interior or the Secretary of Agriculture determine to be appropriate; (iii) include an accounting of overall fire management and spending by the Department of the Interior or the Department of Agriculture, which is broken out by fire size, cost, regional location, and other factors; (iv) describe any lessons learned in the conduct of wildfire suppression operations; and (v) include any other elements that the Secretary of the Interior or the Secretary of Agriculture determine to be necessary. III DEPARTMENT OF DEFENSE PROCUREMENT Procurement, defense-wide For an additional amount for Procurement, Defense-Wide Provided Provided further Provided further IV General provision—this act Availability of funds 4101. Each amount designated in this Act by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) 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 Emergency Supplemental Appropriations Act, 2014 July 24, 2014 Read the second time and placed on the calendar

Emergency Supplemental Appropriations Act, 2014

Iran Nuclear Negotiations Act of 2014 - Directs the President, within three days after entering into a U.S.-Iran agreement relating to Iran's nuclear program, to submit such agreement to Congress. Provides for: (1) a 15-day review period by the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs, and (2) a subsequent 15-day period in which a joint resolution of disapproval may be introduced in the House and in the Senate for expedited consideration. Prohibits the use of any Department of State funds available for obligation to implement a nuclear program agreement with Iran, including any related sanctions reduction, if: (1) the President fails to submit the agreement to Congress, or (2) a joint resolution of disapproval is enacted into law. Provides that: if any element of the intelligence community receives information from a reputable source that Iran has failed to comply with the terms of the Joint Plan of Action, or any other agreement related to Iran's nuclear program, the Director of National Intelligence shall determine within 10 days whether the information is credible and accurate, and submit it to Congress; and upon the Director's determination of the information's credibility and accuracy, any sanctions on Iran that have been waived, suspended, or otherwise reduced in connection with Iran's nuclear program shall be reinstated within five days. Reinstates by action of law on November 28, 2014, any sanctions on Iran that have been waived, suspended, or otherwise reduced in connection with Iran's nuclear program, unless before that date the President submits to Congress a comprehensive and long-term agreement that: (1) addresses all key aspects of Iran's nuclear program, and (2) is significantly longer in duration than any previous U.S.-Iran nuclear agreement.

113 S2650 IS: Iran Nuclear Negotiations Act of 2014 U.S. Senate 2014-07-23 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. 2650 IN THE SENATE OF THE UNITED STATES July 23, 2014 Mr. Corker Mr. Graham Mr. Rubio Mr. McCain Mr. Risch Mr. Johnson of Wisconsin Committee on Foreign Relations A BILL To provide for congressional review of agreements relating to Iran's nuclear program, and for other purposes. 1. Short title This Act may be cited as the Iran Nuclear Negotiations Act of 2014 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees 50 U.S.C. 1701 (2) Joint Plan of Action The term Joint Plan of Action 3. Congressional review of international agreements relating to Iran’s nuclear program (a) Submission of agreements to Congress (1) In general The President shall submit to Congress an agreement described in paragraph (2) not later than 3 calendar days after entering into the agreement. (2) Agreement described An agreement described in this paragraph is an agreement relating to Iran’s nuclear program entered into on or after the date of the enactment of this Act by the United States and Iran. An agreement is described in this paragraph without regard to whether or not one or more countries other than the United States and Iran are parties to the agreement. (b) Committee review During the 15-calendar day period beginning on the date on which the President submits an agreement to Congress under subsection (a), the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives— (1) shall review the agreement; and (2) may hold hearings or briefings, as appropriate, related to the agreement. (c) Joint resolution of disapproval (1) Joint resolution of disapproval defined In this section, the term joint resolution of disapproval (A) that does not have a preamble; (B) the title of which is as follows: Joint resolution disapproving a nuclear agreement with Iran (C) the matter after the resolving clause of which is as follows: That Congress disapproves of the agreement relating to Iran’s nuclear program submitted by the President to Congress under section 3(a) of the Iran Nuclear Negotiations Act of 2014 on ______. (2) Reconvening Upon receipt by Congress of an agreement described in paragraph (2) of subsection (a), as required by paragraph (1) of that subsection— (A) the Speaker, if the House of Representatives would otherwise be adjourned, shall notify the Members of the House that, pursuant to this section, the House shall convene not later than the second calendar day after receipt of the agreement; and (B) if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after receipt of the agreement. (3) Introduction During the 15-calendar day period beginning on the calendar day after the end of the 15-calendar day period described in subsection (b), a joint resolution of disapproval may be introduced— (A) in the House of Representatives, by the Speaker (or his designee) or the minority leader (or his designee); and (B) in the Senate, by the majority leader (or his designee) or the minority leader (or his designee). (4) Committee referral A joint resolution of disapproval introduced in the Senate shall be referred to the Committee on Foreign Relations and a joint resolution of disapproval introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs. (5) Discharge of committees If the committee of either House to which a joint resolution of disapproval has been referred has not reported the joint resolution at the end of the 15-calendar day period after the introduction of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar. (6) Floor consideration in the House of Representatives (A) Motions to proceed After the committee authorized to consider a joint resolution of disapproval reports it to the House of Representatives or has been discharged from its consideration, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (B) Consideration A joint resolution of disapproval shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion, except 20 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. No amendment to, or motion to recommit, a joint resolution of disapproval shall be in order. (C) Appeals All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a joint resolution of disapproval shall be decided without debate. (7) Floor consideration in the Senate (A) In general Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the committee authorized to consider a joint resolution of disapproval reports it to the Senate or has been discharged from its consideration (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. (B) Debate Debate in the Senate on a joint resolution of disapproval, and all debatable motions and appeals in connection with such a resolution, shall be limited to not more than 20 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution of disapproval is not in order. (C) Vote on passage The vote on passage shall occur immediately following the conclusion of the debate on a joint resolution of disapproval, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (D) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution of disapproval shall be decided without debate. (E) Consideration of veto messages Debate in the Senate of any veto message with respect to a joint resolution of disapproval, including all debatable motions and appeals in connection with such a joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (8) Rules relating to Senate and House of Representatives (A) Coordination with action by other House If, before the passage by one House of a joint resolution of disapproval of that House, that House receives from the other House a joint resolution of disapproval, then the following procedures shall apply: (i) The joint resolution of the other House shall not be referred to a committee. (ii) With respect to a joint resolution of the House receiving the resolution— (I) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (II) the vote on passage shall be on the joint resolution of the other House. (B) Treatment of joint resolution of other House If one House fails to introduce or consider a joint resolution of disapproval under this section, the joint resolution of disapproval of the other House shall be entitled to expedited floor procedures under this section. (C) Treatment of companion measures If, following passage of a joint resolution of disapproval in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (9) Rules of the House of Representatives and the Senate This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (d) Limitation on funding for implementation of agreement No funds authorized to be appropriated for the Department of State that remain available for obligation as of the date of the enactment of this Act may be obligated or expended to implement an agreement described in subsection (a)(2), including for the waiver, suspension, or other reduction of any sanctions with respect to Iran pursuant to such an agreement, if— (1) the President fails to submit the agreement to Congress as required by subsection (a); or (2) a joint resolution of disapproval is enacted into law pursuant to subsection (b). (e) Rule of construction Nothing in this section or any action taken pursuant to this section shall be construed as approval of any waiver, suspension, or other reduction of any sanctions with respect to Iran in connection with any agreement relating to Iran’s nuclear program. 4. Penalties for noncompliance with international agreements relating to Iran’s nuclear program (a) Assessment of compliance If any element of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 (1) not later than 10 calendar days after receiving that information, determine whether the information is credible and accurate; and (2) submit to the appropriate congressional committees— (A) the information; and (B) the determination of the Director with respect to whether the information is credible and accurate and the reasons for that determination. (b) Reinstatement of sanctions If the Director of National Intelligence determines that information described in subsection (a) is credible and accurate, any sanctions imposed with respect to Iran that have been waived, suspended, or otherwise reduced in connection with negotiations with Iran relating to Iran’s nuclear program, without regard to whether the waiver, suspension, or other reduction of those sanctions took effect before or after the date of the enactment of this Act, shall be reinstated in full by action of law on that date that is 5 calendar days after the date of the determination. 5. Enforcement of timeline for negotiating nuclear agreements with Iran Any sanctions imposed with respect to Iran that have been waived, suspended, or otherwise reduced in connection with negotiations with Iran relating to Iran’s nuclear program, without regard to whether the waiver, suspension, or other reduction of those sanctions took effect before or after the date of the enactment of this Act, shall be reinstated in full by action of law on November 28, 2014, unless, before that date, the President— (1) submits to Congress an agreement described in paragraph (2) of section 3(a) as required by paragraph (1) of that section; and (2) certifies to the appropriate congressional committees that the agreement is a comprehensive and long-term agreement that— (A) addresses all key aspects of Iran’s nuclear program; and (B) is of a duration that is significantly longer than any nuclear-related agreement between the United States and Iran entered into before the date of the enactment of this Act.

Iran Nuclear Negotiations Act of 2014

(This measure has not been amended since it was reported to the Senate on September 16, 2014. The summary of that version is repeated here.) DHS OIG Mandates Revision Act of 2014 - Repeals requirements that the Department of Homeland Security (DHS) Inspector General: (1) conduct an annual evaluation of the Cargo Inspection Targeting System pursuant to the Coast Guard and Maritime Transportation Act of 2004, (2) conduct an annual review of Coast Guard Performance pursuant to the Homeland Security Act of 2002 (HSA), and (3) conduct an annual review of grants to states and high-risk urban areas under HSA.

S2651 ENR: DHS OIG Mandates Revision 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. 2651 IN THE SENATE OF THE UNITED STATES AN ACT To repeal certain mandates of the Department of Homeland Security Office of Inspector General. 1. Short title This Act may be cited as the DHS OIG Mandates Revision Act of 2014 2. Repeal of reporting requirements (a) Repeal of requirement To conduct an annual evaluation of the cargo inspection targeting system (1) Repeal Subsections (g) and (h) of section 809 of the Coast Guard and Maritime Transportation Act of 2004 ( Public Law 108–293 46 U.S.C. 70101 (2) Conforming amendments Section 809 of the Coast Guard and Maritime Transportation Act of 2004 ( Public Law 108–293 (A) in subsection (a), by striking and (j) and (h) (B) by redesignating subsections (i), (j), and (k) as subsections (g), (h), and (i), respectively. (b) Repeal of requirement To conduct an annual review of Coast Guard performance (1) Repeal Section 888(f) of the Homeland Security Act of 2002 ( 6 U.S.C. 468(f) (2) Conforming amendments Section 888 of the Homeland Security Act of 2002 ( 6 U.S.C. 468 (c) Annual review of grants to States and high-risk urban areas (1) Repeal Section 2022(a)(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 612(a)(3) (2) Conforming amendments Section 2022(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 612(a) (A) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (3), (4), (5), and (6), respectively; (B) in paragraph (4), as redesignated— (i) by striking paragraphs (2) and (3) paragraph (2) (ii) by striking paragraph (4) paragraph (3) (3) Effective date The amendments made by this subsection shall take effect on January 1, 2015. Speaker of the House of Representatives Vice President of the United States and President of the Senate

DHS OIG Mandates Revision Act of 2014

Homeless Children and Youth Act of 2014 - Amends the McKinney-Vento Homeless Assistance Act to redefine "homeless," "homeless individual," or "homeless person." Modifies requirements relating to an individual or family who will imminently lose their housing, including housing they own, rent, or live in without paying rent. Revises criteria for unaccompanied youth and homeless families with children and youth defined as homeless under other federal statutes to require that they: are certified as homeless by the director or designee of a program funded under any other federal statute; or have been certified by a director of a program funded under this Act or a director of a public housing agency (PHA) as lacking a fixed, regular, and adequate nighttime residence, which shall include: (1) temporarily sharing the housing of another person due to loss of housing, economic hardship, or other similar reason; or (2) living in a room in a motel or hotel. Requires the information provided to the Secretary of Housing and Urban Development (HUD) from a collaborative applicant about project sponsors in a community-wide homeless management information system (HMIS) to be made publicly available on HUD's website in aggregate, non-personally identifying reports, and updated at least annually. Prohibits the Secretary, in awarding grants for continuum of care programs, from considering or prioritizing the specific homeless populations intended to be served by the applicant if the applicant demonstrates that the project: (1) would meet the priorities identified in the applicant's plan, and (2) is cost-effective in meeting the overall goals and objectives identified in that plan. Repeals certain requirements regarding collaborative applicants. Modifies requirements for selection criteria for the award of grants through a national competition between geographic areas. Requires annual reports to Congress on housing assistance for the homeless to include data: (1) required to be made publicly available in the HMIS report, and (2) on programs funded under other specified federal statutes.

113 S2653 IS: Homeless Children and Youth Act of 2014 U.S. Senate 2014-07-24 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. 2653 IN THE SENATE OF THE UNITED STATES July 24, 2014 Mrs. Feinstein Mr. Portman Mr. Begich Committee on Banking, Housing, and Urban Affairs A BILL To amend the definition of homeless person 1. Short title This Act may be cited as the Homeless Children and Youth Act of 2014 2. Amendments to the McKinney-Vento Homeless Assistance Act The McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. (1) in section 103— (A) in subsection (a)— (i) in paragraph (5)(A)— (I) by striking are sharing charitable organizations, (II) by striking 14 days 30 days (III) in clause (i), by inserting or (IV) by striking clause (ii); and (V) by redesignating clause (iii) as clause (ii); and (ii) by amending paragraph (6) to read as follows: (6) unaccompanied youth and homeless families with children and youth defined as homeless under other Federal statutes who— (A) are certified as homeless by the director or designee of a director of a program funded under any other Federal statute; or (B) have been certified by a director or designee of a director of a program funded under this Act or a director or designee of a director of a public housing agency as lacking a fixed, regular, and adequate nighttime residence, which shall include— (i) temporarily sharing the housing of another person due to loss of housing, economic hardship, or other similar reason; or (ii) living in a room in a motel or hotel. ; and (B) by adding at the end the following: (f) Other definitions In this section— (1) the term other Federal statute (2) the term public housing agency ; (2) in section 401— (A) in paragraph (1)(C)— (i) by striking clause (iv); and (ii) by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi); (B) in paragraph (7)— (i) by striking Federal statute other than this subtitle other Federal statute (ii) by inserting of this Act (C) by redesignating paragraphs (14) through (33) as paragraphs (15) through (34), respectively; and (D) by adding after paragraph (13) the following: (14) Other Federal statute The term other Federal statute (A) the Runaway and Homeless Youth Act ( 42 U.S.C. 5701 et seq. (B) the Head Start Act ( 42 U.S.C. 9831 et seq. (C) subtitle N of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e et seq. (D) section 330(h) of the Public Health Service Act ( 42 U.S.C. 254b(h) (E) section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 (F) the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. (G) subtitle B of title VII of this Act. ; (3) by inserting after section 408 the following: 409. Availability of HMIS report (a) In general The information provided to the Secretary under section 402(f)(3) shall be made publically available on the Internet website of the Department of Housing and Urban Development in aggregate, non-personally identifying reports. (b) Required data Each report made publically available under subsection (a) shall be updated on at least an annual basis and shall include— (1) a cumulative count of the number of individuals and families experiencing homelessness; (2) a cumulative assessment of the patterns of assistance provided under subtitles B and C for the each geographic area involved; and (3) a count of the number of individuals and families experiencing homelessness that are documented through the HMIS by each collaborative applicant. ; (4) in section 422— (A) in subsection (a)— (i) by striking The Secretary (1) In general The Secretary ; and (ii) by adding at the end the following: (2) Restriction In awarding grants under paragraph (1), the Secretary may not consider or prioritize the specific homeless populations intended to be served by the applicant if the applicant demonstrates that the project— (A) would meet the priorities identified in the plan submitted under section 427(b)(1)(B); and (B) is cost-effective in meeting the overall goals and objectives identified in that plan. ; and (B) by striking subsection (j); (5) in section 424(d), by striking paragraph (5); (6) in section 427(b)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (vi), by adding and (II) in clause (vii), by striking and (III) by striking clause (viii); (ii) in subparagraph (B)— (I) in clause (iii), by adding and (II) in clause (iv)(VI), by striking and (III) by striking clause (v); (iii) in subparagraph (E), by adding and (iv) by striking subparagraph (F); and (v) by redesignating subparagraph (G) as subparagraph (F); and (B) by striking paragraph (3); and (7) by amending section 433 to read as follows: 433. Reports to Congress (a) In general The Secretary shall submit to Congress an annual report, which shall— (1) summarize the activities carried out under this subtitle and set forth the findings, conclusions, and recommendations of the Secretary as a result of the activities; and (2) include, for the year preceding the date on which the report is submitted— (A) data required to be made publically available in the report under section 409; and (B) data on programs funded under any other Federal statute, as such term is defined in section 401. (b) Timing A report under subsection (a) shall be submitted not later than 4 months after the end of each fiscal year. .

Homeless Children and Youth Act of 2014

EARLY Act Reauthorization of 2014 - Amends the Public Health Service Act to reauthorize through FY2019 the Young Women's Breast Health Education and Awareness Requires Learning Young Act of 2009, which supports: (1) campaigns to educate the public and health care professionals about young women's breast health, (2) research into prevention of breast cancer in young women, and (3) support for young women with breast cancer.

113 S2655 IS: EARLY Act Reauthorization of 2014 U.S. Senate 2014-07-24 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. 2655 IN THE SENATE OF THE UNITED STATES July 24, 2014 Ms. Klobuchar Mr. Vitter Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the Young Women’s Breast Health Education and Awareness Requires Learning Young Act of 2009. 1. Short title This Act may be cited as the EARLY Act Reauthorization of 2014 2. Reauthorization of the Young Women’s Breast Health Education and Awareness Requires Learning Young Act of 2009 Section 399NN(h) of the Public Health Service Act ( 42 U.S.C. 280m(h) 2010 through 2014 2015 through 2019

EARLY Act Reauthorization of 2014

Protecting America's Families from Toxic Chemicals Act of 2014 - Requires the Environmental Protection Agency (EPA) to establish criteria to identify chemical substances: (1) that are persistent, bioaccumulative, and toxic, or are transformed through metabolism or environmental degradation into chemical substances that have those characteristics; and (2) for which there is evidence of exposure or likely exposure to humans or the environment. Directs the EPA to publish a list of the chemical substances that meet those criteria within 180 days of the rule being finalized and update the list at least every three years. Lists chemical substances that are considered to have met the criteria on the basis of existing evidence, including asbestos, lead, and mercury. Requires the EPA to: (1) identify uses of each substance that are allowed until they are phased out; and (2) phase out the manufacture, processing, and distribution of listed chemicals within five years. Authorizes the EPA to allow the manufacturing, processing, and distribution of a listed chemical substance if it determines that the use is a critical and essential use and there is no discernible exposure to humans or the environment. Limits the exemption to a renewable or revisable term of five years. Requires the EPA to determine whether each new chemical substance subject to notice and testing requirements under the Toxic Substances Control Act meets the criteria for a listing as persistent, bioaccumulative, and toxic during the period of notice review.

113 S2656 IS: Protecting America's Families from Toxic Chemicals Act of 2014 U.S. Senate 2014-07-24 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. 2656 IN THE SENATE OF THE UNITED STATES July 24, 2014 Mr. Merkley Committee on Environment and Public Works A BILL To provide for the regulation of persistent, bioaccumulative, and toxic chemical substances, and for other purposes. 1. Short title This Act may be cited as the Protecting America's Families from Toxic Chemicals Act of 2014 2. Purpose The purpose of this Act is to ensure that the uses of chemical substances, for which there is evidence of persistence, bioaccumulation, toxicity, and exposure to humans or the environment, are limited to those uses that are critical or essential. 3. Definitions In this Act: (1) Administrator The term Administrator (2) Chemical substance The term chemical substance 15 U.S.C. 2602 4. Identification and restriction of persistent, bioaccumulative, and toxic chemical substances (a) Identification (1) Criteria (A) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall establish, by rule, criteria to identify chemical substances that— (i) (I) are persistent, bioaccumulative, and toxic; or (II) are transformed through metabolism or environmental degradation into chemical substances that are persistent, bioaccumulative, and toxic; and (ii) for which there is evidence of exposure or likely exposure to humans or the environment. (B) Considerations In establishing the criteria pursuant to subparagraph (A), the Administrator shall consider a chemical substance— (i) to be bioaccumulative if, based on monitoring data or other evidence, the Administrator determines that a chemical substance significantly accumulates or is likely to significantly accumulate in biota; (ii) to be persistent if the Administrator determines that the chemical substance significantly persists or is likely to significantly persist in 1 or more environmental media, including the indoor environment; and (iii) to be toxic if the Administrator determines that the chemical substance demonstrates or is likely to demonstrate 1 or more toxicological properties in humans or animals. (C) Revisions The Administrator may, by rule, revise the criteria established pursuant to this paragraph to reflect the best available science and provide for equal or greater protection of human health and the environment. (2) List (A) In general Not later than 180 days after the date on which the rule under paragraph (1) is finalized, the Administrator shall, by order, publish a list of all chemical substances that meet those criteria, based on information available to the Administrator. (B) Updates Not less frequently than once every 3 years after the initial publication of the list under subparagraph (A), the Administrator shall update and republish the list to incorporate new information that becomes available to the Administrator. (3) Prior evidence The following chemical substances are considered, on the basis of existing evidence, to meet the criteria established under paragraph (1): (A) Anthracene, pure. (B) Asbestos. (C) Cadmium and cadmium compounds. (D) Chloroalkanes, C10–13 (short-chain chlorinated paraffins). (E) p-Dichlorobenzene. (F) Hexabromocyclododecane, including all major diastereomers. (G) Hexachlorobutadiene. (H) Lead and lead compounds. (I) Mercury and mercury compounds. (J) Musk xylene. (K) Pentachlorobenzene. (L) Perfluorooctane sulfonic acid, its salts, and perfluorooctane sulfonyl fluoride. (M) Phenanthrene. (N) Polybrominated biphenyls. (O) Polybrominated diphenylethers. (P) Polychlorinated terphenyls. (Q) Tetrabromobisphenol A. (R) 1,2,3-Trichlorobenzene. (S) 1,2,4-Trichlorobenzene. (T) 1,2,3,4-Tetrachlorobenzene. (U) 1,2,4,5-Tetrachlorobenzene. (b) Restrictions Not later than 1 year after the date of enactment of this Act, for chemical substances listed in subsection (a)(3), and not later than 1 year after the date on which the Administrator identifies a chemical substance pursuant to subsection (a)(2), the Administrator shall by order— (1) identify the allowed uses, if any, of each such chemical substance, pursuant to subsection (c); (2) specify an effective date by which manufacture, processing, and distribution in commerce of the chemical substance for any uses not identified in paragraph (1) are required to cease, with such effective date not to exceed 5 years from the date of the allowable use determination; (3) identify any conditions on the manufacture, processing, use, distribution in commerce, and disposal of the chemical substance applicable to the allowed uses that the Administrator determines are needed to protect public health and the environment, with which manufacturers and processors of the chemical substance must comply as of the effective date specified by the Administrator under paragraph (2); and (4) make public the determination of the Administrator under this subsection, including— (A) the basis for the determination; (B) a list of allowed uses of the chemical substance; and (C) any conditions on manufacture, processing, use, distribution in commerce, or disposal identified by the Administrator. (c) Allowable uses (1) In general The Administrator, by order issued under subsection (b) or by separate order, may allow manufacturing, processing, and distribution in commerce for a specified use of a chemical substance identified under subsection (b), if the Administrator first reviews and considers available evidence and determines that— (A) the use is a critical or essential use, consistent with the criteria established pursuant to subsection (d); or (B) there is no discernible exposure to humans or the environment, consistent with the criteria established pursuant to subsection (e). (2) Presumption Allowable uses of chemical substances identified pursuant to subsection (b) shall include, unless the Administrator determines by order that such uses do not meet the requirements under paragraph (1)— (A) a specific use of lead or cadmium, or a compound of lead or cadmium, in lamps, solder, glass, ceramics, metal alloys, plating, connectors, or electronic components exempted from the Restriction on Hazardous Substances Directive, Directive 2011/65/EU; (B) a specific use of mercury compounds in lamps in accordance with the Restriction on Hazardous Substances Directive, Directive 2011/65/EU; (C) the use of lead or lead compounds in lead-acid batteries; and (D) a specific use of perfluorooctane sulfonic acid, the salts of perfluorooctane sulfonic acid, and perfluorooctane sulfonyl fluoride if the specific use is designated as 1 of the acceptable purposes or specific exemptions under Part III of Annex B of the Stockholm Convention on Persistent Organic Pollutants. (3) Petition (A) In general The Administrator may, on receipt of a petition from the manufacturer or processor of a chemical substance identified pursuant to subsection (b), by order, allow manufacturing, processing, and distribution in commerce for a specified use of the chemical substance if the Administrator determines that the manufacturer or processor has established by clear and convincing evidence that the use qualifies as an allowable use pursuant to the requirements under paragraph (1). (B) Notice Before making a determination under subparagraph (A), the Administrator shall— (i) in the case of petitions involving uses of a chemical substance restricted by State law, consult with the relevant State agencies; (ii) publish in the Federal Register a notice of receipt of the petition that specifies the chemical identity of the chemical substance to which the petition pertains; (iii) make the petition available on request; (iv) provide a reasonable opportunity for review and comment on the petition; and (v) if the Administrator decides to allow a specific use of a chemical substance under this paragraph, consider any comments received by the Administrator in making a determination as to which, if any, conditions shall apply to the allowed use. (4) Term (A) In general Any use allowed under paragraph (1), (2), or (3) shall be granted for a term of not more than 5 years, but may be renewed or revised in accordance with subparagraph (B) if the Administrator finds, after providing public notice and opportunity for comment, that the allowed use or a revision to the allowed use will continue to meet the requirements under paragraph (1). (B) Renewal The Administrator may renew the term of the allowed use granted under subparagraph (A) for 1 or more additional terms of not more than 5 years each, if the Administrator finds, after providing public notice and opportunity for comment, that the allowed use will continue to meet the requirements under paragraph (1). (C) Revision The Administrator may revise any allowed use under consideration for renewal, taking into account regulatory programs in States, new amendments to the Restriction on Hazardous Substances Directive, the Stockholm Convention on Persistent Organic Pollutants, to ensure that the allowed use continues to meet the requirements under paragraph (1). (d) Criteria To identify critical or essential uses (1) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall, by order, establish criteria to identify critical or essential uses of chemical substances. (2) Applicability The criteria under paragraph (1) shall identify as critical or essential any use for which the Administrator determines— (A) (i) the use is in the paramount interest of national security; or (ii) the lack of availability of the chemical substance would cause significant disruption in the economy; (B) (i) no feasible alternative for the specified use is available; or (ii) the specified use provides a net benefit to public health, the environment, or public safety when compared to all available alternatives, taking comparative risks into account; and (C) the use is consistent with international legal obligations. (e) Criteria To identify uses with no discernible exposure Not later than 180 days after the date of enactment of this Act, the Administrator shall, by rule, establish criteria for use in making the determinations under subsection (d)(2), to identify uses of chemical substances for which there is clear and convincing evidence that there is no discernible exposure to humans and the environment from the manufacturing, processing, distribution in commerce, use, or disposal of— (1) the chemical substance; or (2) any article containing the chemical substance. (f) New chemical substances (1) In general For each new chemical substance subject to section 5(a)(1) of the Toxic Substances Control Act (15 U.S.C. 2604(a)(1)), the Administrator shall determine, during the period of notice review, whether the chemical substance, or a degradation product or metabolite of the chemical substance, meets the criteria established under subsection (a)(1). (2) Allowable uses For each chemical substance identified under paragraph (1), the Administrator shall, by order— (A) allow, in a manner consistent with subsection (b), manufacture, processing, and distribution in commerce of the substance for a use which the Administrator determines meets the requirements of subsection (c); (B) identify any conditions on the manufacture, processing, use, distribution in commerce, and disposal of the chemical substance applicable to the allowed use that the Administrator determines may be needed to protect public health and the environment, which shall be complied with by a manufacturer or processor of the chemical substance on the date on which the manufacturer or processor commences manufacturing or processing of the new chemical substance; and (C) make public— (i) the determination of the Administrator under this paragraph; (ii) the basis for the determination; (iii) a list of allowed uses of the chemical substance; and (iv) any conditions on the manufacture, processing, use, distribution in commerce, or disposal of the chemical substance identified by the Administrator.

Protecting America's Families from Toxic Chemicals Act of 2014

Accelerating Biomedical Research Act - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require certain adjustments to discretionary spending limits in FY2015-FY2021 to accommodate increases in appropriations to the National Institutes of Health (NIH) at the Department of Health and Human Services (HHS).

113 S2658 IS: Accelerating Biomedical Research Act U.S. Senate 2014-07-24 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. 2658 IN THE SENATE OF THE UNITED STATES July 24, 2014 Mr. Harkin Committee on the Budget A BILL To prioritize funding for the National Institutes of Health to discover treatments and cures, to maintain global leadership in medical innovation, and to restore the purchasing power the NIH had after the historic doubling campaign that ended in fiscal year 2003. 1. Short title This Act may be cited as the Accelerating Biomedical Research Act 2. Findings Congress makes the following findings: (1) The National Institutes of Health (referred to in this section as the NIH (2) Over the past 40 years, NIH-supported research contributed to the discovery of 153 new Food and Drug Administration-approved drugs, vaccines, or new indications for current drugs. (3) The application success rate is now at an all-time low. From 1980 to 2003, the last year of the doubling, the grant application success rate ranged between 25 and 35 percent. By 2013, the grant success rate had fallen to 16.8 percent. (4) Recent Federal funding cuts threaten to diminish United States leadership in the world. The international community has recognized the role biomedical research plays in generating economic growth. England, China, Brazil, South Korea, India, Singapore, Germany, France and Japan are increasing their investment, despite the worldwide recession. Only the United States has decreased its investment, from 0.215 percent of Gross Domestic Product in 2003 (the last year of the doubling) to 0.174 percent in 2013. In 8 years, if current trends continue, China will surpass the United States in total government biomedical research investment. (5) NIH is vital to the United States economy. In fiscal year 2012, the NIH extramural program supported around 50,000 competitive research grants and 300,000 scientists and research personnel at more than 2,500 universities, medical schools, and other research institutions across our 50 States. (6) Economists have estimated the return on each dollar of investment in NIH to generate anywhere from $1.80 to $3.20 in economic output. The Federal investment of $3,800,000,000 in the Human Genome Project from 1988 to 2003 helped drive $796,000,000,000 in economic output, which is a return of $141 for every $1 invested. (7) In 2013, sales of products built around licensed NIH and Food and Drug Administration inventions included 358 licensees reporting a total of $7,000,000,000 in sales. (8) The historic doubling of Federal funding for the National Institutes of Health ended in fiscal year 2003. Since that time, NIH appropriations have not kept up with biomedical inflation. NIH has lost more than 20 percent of its purchasing power for medical research since 2003. (9) If NIH had kept up with biomedical inflation, NIH’s appropriation would have totaled $37,000,000,000 in 2013, instead of the $28,900,000,000 that was actually appropriated, a loss of $8,100,000,000 or 28 percent. To restore funding to the 2003 post-doubling level would require Congress to appropriate $46,500,000,000 in fiscal year 2021, the final year of the Budget Control Act of 2011 ( Public Law 112–25 (10) High health care costs from a variety of common conditions threaten Federal, State, and local budgets, as well as the budgets of American families. Recent estimates indicate that the economic costs of Alzheimer’s disease is over $200,000,000,000 each year but will rise to over $1,000,000,000,000 by 2050 unless a prevention or cure is found. In 2006, economists found that a future 1 percent reduction in mortality rates from cancer would save $500,000,000,000 to current and future Americans. A cure for cancer was estimated to save $50,000,000,000,000 to Americans, more than 3 times the gross domestic product of the United States in 2012. The Centers for Disease Control and Prevention reports that annual costs from undiagnosed diabetes was $245,000,000,000 each year. And a recent study projects that by 2030, nearly 44 percent of the United States population will face some form of cardiovascular disease costing a total of $1,208,000,000,000 between 2012 and 2030. (11) Budget cap adjustments are how Congress traditionally prioritizes areas of spending that produce economic growth and reduce costs that contribute to the Federal debt. 3. Cap adjustment Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended— (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C), the following: (D) National Institutes of Health (i) In general If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the National Institutes of Health at the Department of Health and Human Services (75–9915–1–1–552), then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed— (I) for fiscal year 2015, $3,000,000,000 in additional new budget authority; (II) for fiscal year 2016, $6,300,000,000 in additional new budget authority; (III) for fiscal year 2017, $8,100,000,000 in additional new budget authority; (IV) for fiscal year 2018, $10,000,000,000 in additional new budget authority; (V) for fiscal year 2019, $12,000,000,000 in additional new budget authority; (VI) for fiscal year 2020, $14,100,000,000 in additional new budget authority; and (VII) for fiscal year 2021, $16,300,000,000 in additional new budget authority. (ii) Definitions As used in this subparagraph: (I) Additional new budget authority The term additional new budget authority (II) National Institutes of Health The term National Institutes of Health .

Accelerating Biomedical Research Act

Honor Flight Act - Directs the Assistant Secretary of Homeland Security (Transportation Security Administration [TSA]) to establish a process for providing expedited and dignified passenger screening services for veterans traveling on an Honor Flight Network charter flight or that of another organization to visit war memorials built and dedicated to honor their service.

113 S2659 IS: Honor Flight Act U.S. Senate 2014-07-24 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. 2659 IN THE SENATE OF THE UNITED STATES July 24, 2014 Mr. Murphy Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to require the Assistant Secretary of Homeland Security (Transportation Security Administration) to establish a process for providing expedited and dignified passenger screening services for veterans traveling to visit war memorials built and dedicated to honor their service, and for other purposes. 1. Short title This Act may be cited as the Honor Flight Act 2. Honor Flight Program (a) In general Subchapter I of chapter 449 44928. Honor Flight Program (a) In general The Secretary of Homeland Security (Transportation Security Administration) shall establish, in collaboration with the Honor Flight Network or other not-for-profit organization that honors veterans, a process for providing expedited and dignified passenger screening services for veterans traveling on a flight in charter air transportation of the Honor Flight Network or such other organization to visit war memorials built and dedicated to honor the service of such veterans. (b) Veteran defined In this section, the term veteran section 101 . (b) Clerical amendment The table of sections for chapter 449 44928. Honor Flight Program. .

Honor Flight Act

Telehealth Enhancement Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), in order to provide a positive incentive for certain hospitals to lower their excess readmission ratios for inpatient services, to make an additional payment to a hospital in such proportion that provides for a sharing of the savings from better-than-expected performance between the hospital and the Medicare program. Authorizes the Secretary, in the case of a state that has amended its Medicaid plan to provide coordinated care through a health home for individuals with chronic conditions, to contract with the state medical assistance agency to serve eligible individuals with chronic conditions who select a designated provider, a team of health care professionals operating with such a provider, or a health team as the individual's health home. Authorizes the Secretary to contract with a national or multi-state regional center of excellence with a network of affiliated local providers to provide through one or more medical homes for targeted, accessible, continuous, and coordinated care to individuals under Medicare and Medicaid with a long-term illness or medical condition that requires regular medical treatment, advising, and monitoring. Authorizes an Accountable Care Organization (ACO) to include coverage of telehealth and remote patient monitoring services as supplemental health care benefits to the same extent as a Medicare Advantage plan is permitted to provide such coverage of such services as supplemental health care. Recognizes telehealth services and remote patient monitoring in the national pilot program on payment bundling. Includes among originating sites (at which an eligible telehealth individual is located at the time a service is furnished via a telecommunications system), but without receiving payment of a facility fee, any critical access hospitals, sole community hospitals, home telehealth sites, as well as specified others. Amends SSA title XIX (Medicaid) to give states the option to provide coordinated care for enrollees with high-risk pregnancies and births. Amends the Communications Act of 1934 to specify additional health care providers to which universal telecommunications service support must be provided. Requires Federal Communications Commission (FCC) rules for enhancing health care provider access to advanced telecommunications and information services to disregard provider location.

113 S2662 IS: Telehealth Enhancement Act of 2014 U.S. Senate 2014-07-24 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. 2662 IN THE SENATE OF THE UNITED STATES July 24, 2014 Mr. Cochran Mr. Wicker Committee on Finance A BILL To promote and expand the application of telehealth under Medicare and other Federal health care programs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Telehealth Enhancement Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Strengthening Medicare through telehealth Sec. 101. Positive incentive for Medicare’s hospital readmissions reduction program. Sec. 102. Health homes and medical homes. Sec. 103. Flexibility in accountable care organizations coverage of telehealth. Sec. 104. Recognizing telehealth services and remote patient monitoring in national pilot program on payment bundling. Sec. 105. Additional sites to be considered originating sites for purposes of payments for telehealth services under Medicare. Title II—Enhancing Medicaid through telehealth Sec. 201. Medicaid option for high-risk pregnancies and births. Title III—Improving telecommunications for medical delivery Sec. 301. Additional providers considered health care providers for purposes of universal service support. Sec. 302. No consideration of provider location in rules enhancing health care provider access to advanced telecommunications and information services. I Strengthening Medicare through telehealth 101. Positive incentive for Medicare’s hospital readmissions reduction program Section 1886(q) of the Social Security Act ( 42 U.S.C. 1395ww(q) (9) Positive incentive for reduced readmissions (A) In general With respect to payment for discharges occurring during a fiscal year beginning on or after October 1, 2014, in order to provide a positive incentive for hospitals described in subparagraph (B) to lower their excess readmission ratios, the Secretary shall make an additional payment to a hospital in such proportion as provides for a sharing of the savings from such better-than-expected performance between the hospital and the program under this title. (B) Hospital described A hospital described in this subparagraph is an applicable hospital (as defined in paragraph (5)(C)) not subject to a payment change under paragraph (1) and for which the positive readmission ratio (described in subparagraph (C)) is greater than 1. (C) Positive readmission ratio The positive readmission ratio described in this subparagraph for a hospital is the ratio of— (i) the risk adjusted expected readmissions (described in subclause (II) of paragraph (4)(C)(i)); to (ii) the risk adjusted readmissions based on actual readmissions (described in subclause (I) of such paragraph). . 102. Health homes and medical homes (a) Medicare chronic care counterpart to Medicaid health home (1) In general Title XVIII of the Social Security Act is amended by adding at the end the following new section: 1899B. Medicare health home for individuals with chronic conditions (a) In general In the case of a State that has amended its State plan under title XIX in accordance with the option described in section 1945, the Secretary may contract with the State medical assistance agency with a program under such section to serve eligible individuals with chronic conditions who select a designated provider, a team of health care professionals operating with such a provider, or a health team as the individual’s health home for purposes of providing the individual with health home services in the same manner as provided under its State plan amendment. (b) Health home qualification standards The standards established by the Secretary under section 1945(b) for qualification as a designated provider shall apply under this section for the purpose of being eligible to be a health home for purposes of section 1945. (c) Payments Payments shall be made under this section in the same manner to a provider or team as payments are made under subsection (c) of section 1945, including the use of the payment methodology described in paragraph (2) of such subsection. (d) Hospital referrals Hospitals that are participating providers under this section shall establish procedures for referring any eligible individuals with chronic conditions who seek or need treatment in a hospital emergency department to designated providers in the same manner as required under section 1945(d). (e) Monitoring and report on quality The methodology and proposal required under subsection (f) of section 1945 and the report on quality measures under subsection (f) of such section shall also apply under this section. (f) Report on quality measures As a condition for receiving payment for health home services provided to an eligible individual with chronic conditions, a designated provider shall report, in accordance with such requirements as the Secretary shall specify, including a plan for the use of remote patient monitoring, on all applicable measures for determining the quality of such services. When appropriate and feasible, a designated provider shall use health information technology in providing the Secretary with such information. (g) Definitions In this section, the provisions and definitions contained in subsection (h) of section 1945 shall also apply for purposes of this section except that, instead of the requirement specified in clause (i) of subsection (h)(1)(A) of such section, an individual must be eligible for services under parts A and B and covered for medical assistance for health home services under section 1945 in order to be an eligible individual with chronic conditions. (h) Evidence-Based and reporting In contracting with a State under this section, the State— (1) shall follow evidence-based guidelines for chronic care; and (2) shall report at least by the end of every month data specified by the Secretary, including an assessment of the use of remote patient monitoring and quality measures of process, outcome, and structure. (i) Waiver authority (1) In general The limitations on telehealth under section 1834(m) shall not apply for purposes of this section. (2) Secretary authority The Secretary may waive such other requirements of this title and title XIX as may be necessary to carry out the provisions of this section. . (2) Reporting (A) In general Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall survey States contracting under section 1899B of the Social Security Act, as added by paragraph (1), on the nature, extent, and use of the option under such section particularly as it pertains to— (i) hospital admission rates; (ii) chronic disease management; (iii) coordination of care for individuals with chronic conditions; (iv) assessment of program implementation; (v) processes and lessons learned (as described in subparagraph (B)); (vi) assessment of quality improvements and clinical outcomes under such option; and (vii) estimates of cost savings. (B) Implementation reporting Such a State shall report to the Secretary, as necessary, on processes that have been developed and lessons learned regarding provision of coordinated care through a health home for beneficiaries with chronic conditions under such option. (b) Specialty medical homes Title XVIII of the Social Security Act, as amended by subsection (a), is further amended by adding at the end the following new section: 1899C. Specialty medical homes (a) In general Beginning not later than 30 days after the date of the enactment of this section, the Secretary may contract with a national or multi-state regional center of excellence with a network of affiliated local providers to provide through one or more medical homes for targeted, accessible, continuous, and coordinated care to individuals under this title and title XIX with a long-term illness or medical condition that requires regular medical treatment, advising, and monitoring. (b) Medical home defined In this section, the term medical home (1) specializes in the care for a specific long-term illness or medical condition, including related comorbidities; (2) leads the development of related evidence-based clinical standards and research; (3) has a network of affiliated personal physicians and patient treatment facilities; (4) maintains an online Web site for patient and provider communication and collaboration and patient access to the patient’s health information; (5) has a plan for use of health information technology in providing services under this section and improving service delivery and coordination across the care continuum (including the use of wireless patient technology to improve coordination and remote patient monitoring management of care and patient adherence to recommendations made by their provider); (6) provides deidentified demographic data sets for clinical, statistical, and social science research to develop culturally competent best practices and clinical decision support mechanisms for the long-term illness or medical condition; (7) uses a health assessment tool for the individuals targeted, including a means for identifying those most likely to benefit from remote patient monitoring; and (8) provides training programs for personnel involved in the coordination of care. (c) Personal physician defined (1) In general In this section, the term personal physician (2) General requirements The requirements described in this paragraph for a personal physician for care of an individual are as follows: (A) The physician is board certified for care of the specific illness or condition of the individual and manages continuous care for the individual. (B) The physician has the staff and resources to manage the comprehensive and coordinated health care of such individual. (3) Service-related requirements The requirements described in this paragraph for a personal physician are as follows: (A) The personal physician advocates for and provides ongoing support, oversight, and guidance to implement a plan of care that provides an integrated, coherent, cross-discipline plan for ongoing medical care developed in partnership with patients and including all other physicians furnishing care to the patient involved and other appropriate medical personnel or agencies (such as home health agencies). (B) The personal physician uses evidence-based medicine and clinical decision support tools to guide decisionmaking at the point-of-care based on patient-specific factors. (C) The personal physician is in compliance with the standards for meaningful use of electronic health records under this title. (D) The personal physician participates with the State’s health information exchange, as available, or the federally sponsored Direct Project. (E) The personal physician uses health information technology, including appropriate remote monitoring, to monitor and track the health status of patients and to provide patients with enhanced and convenient access to health care services. (F) The personal physician uses electronic prescribing and provides medication management. (G) The personal physician encourages patients to engage in the management of their own health through education and support systems. (H) The personal physician utilizes the services of related health professionals, including nurse practitioners and physician assistants. (d) Long-Term illness or medical condition defined In this section, the term long-term illness or medical condition (1) includes a chronic condition which meets criteria specified by the Secretary for a specialized MA plan for special needs individuals; and (2) also includes another condition that the Secretary determines would provide a beneficial focus for an effective and efficient medical home. (e) Payment mechanisms (1) Medical home care management fee and medical home sharing in savings Except as provided in paragraph (2)— (A) Medical home care management fee Under this section the Secretary shall provide for payment under section 1848 of a care management fee to the medical home and may include performance incentives. The medical home shall arrange for payment for the services of affiliated physicians and facilities. (B) Medical home sharing in savings The Secretary shall provide for payment under this section of a medical home based on the payment methodology applied to health group practices under section 1866A. Under such methodology, 80 percent of the reductions in expenditures under this title and title XIX resulting fro (C) m participation of individuals that are attributable to the medical home (as reduced by the total care management fees paid to the medical home under this section) shall be paid to the medical home. The amount of such reductions in expenditures shall be determined by using assumptions with respect to reductions in the occurrence of health complications, hospitalization rates, medical errors, and adverse drug reactions. (2) Alternative payment model (A) In general The Secretary may provide for payment under this paragraph instead of the amounts otherwise payable under paragraph (1). (B) Establishment of target spending level For purposes of this paragraph, the Secretary shall compute an estimated annual spending target based on the amount the Secretary estimates would have been spent in the absence of this section, for items and services covered under parts A and B furnished to applicable beneficiaries for each qualifying medical home under this section. Such spending targets shall be determined on a per capita basis. Such spending targets shall include a risk corridor that takes into account normal variation in expenditures for items and services covered under parts A and B furnished to such beneficiaries with the size of the corridor being related to the number of applicable beneficiaries furnished services by each medical home. The spending targets may also be adjusted for such other factors as the Secretary determines appropriate. (C) Incentive payments Subject to performance on quality measures, a qualifying medical home is eligible to receive an incentive payment under this section if actual expenditures for a year for the applicable beneficiaries it enrolls are less than the estimated spending target established under subparagraph (B) for such year. An incentive payment for such year shall be equal to a portion (as determined by the Secretary) of the amount by which actual expenditures (including incentive payments under this paragraph) for applicable beneficiaries under parts A and B for such year are estimated to be less than 95 percent of the estimated spending target for such year, as determined under subparagraph (B). (3) Source Payments paid under this section shall be made in appropriate proportions (as specified by the Secretary) from the Hospital Insurance Trust Fund, the Federal Supplementary Medical Insurance Trust Fund, and funds appropriated to carry out title XIX. (f) Evidence-Based The contracting entity shall follow evidence-based guidelines for care of the long-term illness or medical condition under this section. (g) Patient services quality and performance reporting The contracting entity shall report at least by the end of every month data specified by the Secretary on the operation of this section, including quality measures of process, outcome, and structure. (h) Waiver authority (1) In general The limitations on telehealth under section 1834(m) shall not apply for purposes of this section. (2) Secretary authority The Secretary may waive such other requirements of this title and title XIX as may be necessary to carry out the provisions of this section. . 103. Flexibility in accountable care organizations coverage of telehealth Section 1899 of the Social Security Act ( 42 U.S.C. 1395jjj (l) Flexibility for telehealth (1) Provision as supplemental benefits Notwithstanding any other provision of this section, an ACO may include coverage of telehealth and remote patient monitoring services as supplemental health care benefits to the same extent as a Medicare Advantage plan is permitted to provide coverage of such services as supplemental health care benefits under section 1852(a)(3)(A). (2) Provision in connection with home health services Nothing in this section shall be construed as preventing an ACO from including payments for remote patient monitoring and home-based video conferencing services in connection with the provision of home health services (under conditions for which payment for such services would not be made under section 1895 for such services) in a manner that is financially equivalent to the furnishing of a home health visit. . 104. Recognizing telehealth services and remote patient monitoring in national pilot program on payment bundling Section 1866D(a)(2) of the Social Security Act ( 42 U.S.C. 1395cc–4(a)(2) (1) in subparagraph (B), by striking 10 conditions the conditions (2) in subparagraph (C)— (A) by redesignating clause (v) as clause (vi); and (B) by inserting after clause (iv) the following new clause: (v) Telehealth and remote patient monitoring services. ; and (3) in subparagraph (D)(i)(III), by inserting before the period at the end the following: (and such longer period in the case of the use of telehealth and remote patient monitoring services as the Secretary may specify) 105. Additional sites to be considered originating sites for purposes of payments for telehealth services under Medicare (a) In general Section 1834(m)(4) of the Social Security Act ( 42 U.S.C. 1395m(m)(4) (1) in subparagraph (C)— (A) in clause (i), by striking The term Subject to clause (iii), the term (B) by adding at the end the following new clause: (iii) Additional originating sites The term originating site (I) A critical access hospital (as described in clause (ii)(II)). (II) A sole community hospital (as defined in section 1886(d)(5)(D)(iii)). (III) A home telehealth site (as defined in subparagraph (G)(i)). (IV) A site described in clause (ii) that is located in a county with a population of less than 25,000, according to the most recent decennial census or in an area that was not included in a Metropolitan Statistical Area on any date in 2000. (V) A site described in clause (ii) with respect to services related to the evaluation or treatment of an acute stroke. ; and (2) by adding at the end the following new subparagraph: (G) Home telehealth site (i) Home telehealth site The term home telehealth site (ii) Telehealth services described A telehealth service described in this clause is a telehealth service that is— (I) related to the provision of hospice care or home dialysis; or (II) furnished to an individual who is determined to be homebound (as defined for purposes of sections 1814(a)(2)(C) and 1835(a)(2)(A)(i)), including such an individual for whom a certification or recertification described in such section is in effect with respect to home health services. . (b) No originating site facility fee for new sites Section 1834(m)(2)(B) of the Social Security Act ( 42 U.S.C. 1395m(m)(2)(B) the originating site (other than an additional originating site described in paragraph (4)(C)(iii)) (c) Application of telecommunication systems definition to critical access hospitals and sole community hospitals The second sentence of section 1834(m)(1) of the Social Security Act ( 42 U.S.C. 1395m(m) any telehealth services furnished or received at a critical access hospital (as described in paragraph (4)(C)(ii)(II)) or a sole community hospital (as defined in section 1886(d)(5)(D)(iii)) or of in the case of (d) Site of care for purposes of determining health care liability Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) (5) Site of care for purposes of health care liability For purposes of determining health care liability with respect to telehealth services for which payment is made under this subsection, such service shall be considered to be furnished at the distant site. . (e) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to services furnished on or after January 1, 2014. (2) Change in MSA rule The amendment made by subsection (a)(1)(B)(ii) shall apply with respect to telehealth services furnished on or after February 28, 2013. II Enhancing Medicaid through telehealth 201. Medicaid option for high-risk pregnancies and births (a) In general Title XIX of the Social Security Act is amended by adding at the end the following new section: 1947. State option to provide coordinated care for enrollees with high-risk pregnancies and births (a) In general Notwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(B) (relating to comparability), and any other provision of this title for which the Secretary determines it is necessary to waive in order to implement this section, beginning 6 months after the date of the enactment of this section, a State, at its option as a State plan amendment, may provide for medical assistance under this title to eligible individuals for maternal-fetal and neonatal care who select a designated provider (as described under subsection (h)(5)), a team of health care professionals (as described under subsection (h)(6)) operating with such a provider, or a health team (as described under subsection (h)(7)) as the individual’s birthing network for purposes of providing the individual with pregnancy-related services. (b) Qualification standards The Secretary shall establish standards for qualification as a designated provider for the purpose of being eligible to be a birthing network for purposes of this section. (c) Payments (1) In general A State shall provide a designated provider, a team of health care professionals operating with such a provider, or a health team with payments for the provision of birthing network services to each eligible individual for maternal-fetal and neonatal care that selects such provider, team of health care professionals, or health team as the individual’s birthing network. Payments made to a designated provider, a team of health care professionals operating with such a provider, or a health team for such services shall be treated as medical assistance for purposes of section 1903(a), except that, during the first 8 fiscal year quarters that the State plan amendment is in effect, the Federal medical assistance percentage applicable to such payments shall be equal to 90 percent. (2) Savings target As a condition for approval of a State plan amendment and payment methodology under this section, the State shall provide the Secretary with assurances that the amendment and methodology shall be projected to reduce the amount of expenditures for pregnancy-related services otherwise made under this title by one percent for each 4-calendar-quarter period during the first 40 calendar quarters in which the amendment is in effect. (3) Methodology (A) In general The State shall specify in the State plan amendment the methodology the State will use for determining payment for the provision of birthing network services. Such methodology for determining payment shall be established consistent with section 1902(a)(30)(A). (B) Innovative models of payment The methodology for determining payment for provision of birthing network services under this section shall not be limited to a per-member per-month basis and may provide (as proposed by the State and subject to approval by the Secretary) for alternate models of payment, including bundled per episode, performance incentives, and shared savings. (4) Planning grants (A) In general Beginning 30 days after the date of the enactment of this section, the Secretary may award planning grants to States for purposes of developing a State plan amendment under this section. A planning grant awarded to a State or a multi-state collaborative under this paragraph shall remain available until expended. (B) Limitation The total amount of payments made to States under this paragraph shall not exceed $25,000,000. (d) Report on quality measures As a condition for receiving payment for birthing network services provided to an eligible individual for maternal-fetal and neonatal care, a designated provider shall report monthly to the State, in accordance with such requirements as the Secretary shall specify, on all applicable measures for determining the quality of such services. When appropriate and feasible, a designated provider shall use health information technology in providing the State with such information. (e) Evidence-Based The birthing network shall adapt, update, and follow evidence-based guidelines for maternal-fetal and neonatal care. (f) Definitions In this section: (1) Eligible individual for maternal-fetal and neonatal care (A) In general Subject to subparagraph (B), the term eligible individual (i) is eligible for medical assistance under the State plan or under a waiver of such plan; and (ii) (I) is pregnant (or was pregnant during the immediately preceding 30 day period); or (II) is the child of an individual described in clause (i) and under 30 days old. (B) Rule of construction Nothing in this paragraph shall prevent the Secretary from establishing other requirements for purposes of determining eligibility for receipt of birthing network services under this section. (2) Birthing network The term birthing network (3) Birthing network services (A) In general The term birthing network services (B) Services described The services described in this subparagraph are— (i) comprehensive care coordination; (ii) health promotion; (iii) a call center to offer 24-hour physician support for consultations with maternal-fetal medicine specialists, when requested, regarding patient management issues; (iv) newborn screening, including for heart defects and to reduce newborn hospital readmissions; (v) patient and family support (including authorized representatives); (vi) referral to community and social support services, if relevant; and (vii) use of health information technology to link services and provide monitoring, as feasible and appropriate. (4) Designated provider The term designated provider (A) has the systems and infrastructure in place to provide birthing network services; and (B) satisfies the qualification standards established by the Secretary under subsection (b) and paragraph (7)(B). (5) Team of health care professionals The term team of health care professionals (A) include physicians and other professionals, such as a nurse care coordinator, midwife, nutritionist, social worker, behavioral health professional, or any professionals deemed appropriate by the State; and (B) be free standing, virtual, or based at a hospital, community health center, rural clinic, clinical practice or clinical group practice, academic health center, or any entity deemed appropriate by the State and approved by the Secretary. (6) Health team The term health team (7) Birthing data and exchange (A) Proposal for use of health information technology A State shall include in the State plan amendment a proposal for use of health information technology in providing birthing network services under this section and improving service delivery and coordination across the care continuum (including the use of wireless patient technology to improve coordination and management of care and patient adherence to recommendations made by their provider). (B) Information requirements for birthing networks The birthing network shall— (i) be in compliance with the Medicaid standards for meaningful use of electronic health records; (ii) participate with the State’s health information exchange, as available, or operate an exchange among the birthing network; (iii) collect demographic information on participating newborns and mothers; (iv) use demographic and event-based data to identify patients that are likely going to need short or long-term follow-up; and (v) providing de-identified demographic data sets for statistical and social science research to develop culturally competent best practices and clinical decision support mechanisms for maternal-fetal and neonatal care. . (b) Patient services quality and performance reporting (1) In general Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall survey States that have elected the option under section 1947 of the Social Security Act, as added by section (a), on the nature, extent, and use of such option, particularly as it pertains to— (A) terms of pregnancies; (B) use of prenatal fetal monitoring; (C) use of Caesarean section procedures; (D) use of neonatal intensive care services; (E) incidence of birthing complications; (F) incidence of infant and maternal mortality; (G) coordination of maternal-fetal and neonatal care for individuals; (H) assessment of program implementation; (I) processes and lessons learned (as described in subparagraph (B)); (J) assessment of quality improvements and clinical outcomes under such option; and (K) participating mothers’ assessment of performance, quality, convenience, and satisfaction. (2) Implementation reporting A State that has elected the option under such section shall report to the Secretary, as necessary, on processes that have been developed and lessons learned regarding provision of coordinated care through a birthing network for Medicaid beneficiaries for maternal-fetal and neonatal care under such option. III Improving telecommunications for medical delivery 301. Additional providers considered health care providers for purposes of universal service support Subparagraph (B) of section 254(h)(7) of the Communications Act of 1934 ( 47 U.S.C. 254(h)(7) (1) in clause (vi), by striking and (2) in clause (vii), by striking clauses (i) through (vi) clauses (i) through (ix) (3) by redesignating clause (vii) as clause (x); and (4) by inserting after clause (vi) the following new clauses: (vii) ambulance providers and other emergency medical transport providers; (viii) health clinics of elementary and secondary schools and post-secondary educational institutions; (ix) sites where telehealth services are provided under section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) or under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.); and . 302. No consideration of provider location in rules enhancing health care provider access to advanced telecommunications and information services Section 254(h)(2)(A) of the Communications Act of 1934 ( 47 U.S.C. 254(h)(2)(A) (regardless of the location of such providers) health care providers

Telehealth Enhancement Act of 2014

Partner with Korea Act - Amends the Immigration and Nationality Act to create an E-4 treaty trader visa category for up to 15,000 nationals of the Republic of Korea (South Korea) each fiscal year who are coming to the United States solely to perform specialty occupation services and with respect to whom the Secretary of Labor has certified to the Secretary of Homeland Security (DHS) and the Secretary of State that the intending employer has filed an attestation concerning U.S. worker protections with the Secretary of Labor.

113 S2663 IS: Partner with Korea Act U.S. Senate 2014-07-24 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. 2663 IN THE SENATE OF THE UNITED STATES July 24, 2014 Mr. Isakson Mr. Blunt Mr. Begich Committee on the Judiciary A BILL To provide high-skilled visas for nationals of the Republic of Korea, and for other purposes. 1. Short title This Act may be cited as the Partner with Korea Act 2. Reciprocal visas for nationals of South Korea (a) In general Section 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) (1) in clause (ii), by striking or (2) in clause (iii), by adding or (3) by adding at the end the following: (iv) solely to perform services in a specialty occupation in the United States if the alien is a national of the Republic of Korea and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(t)(1); . (b) Attestation Section 212(t) of such Act ( 8 U.S.C. 1182(t) (1) by striking or section 101(a)(15)(E)(iii) or clause (iii) or (iv) of section 101(a)(15)(E) (2) in clauses (i)(II), (ii)(II), and (iii)(II) of paragraph (3)(C), by striking or section 101(a)(15)(E)(iii) (c) Numerical limitation Section 214(g) of such Act ( 8 U.S.C. 1184(g) (12) (A) The Secretary of State may not approve a number of initial applications submitted for aliens described in section 101(a)(15)(E)(iv) that is more than the applicable numerical limitation set out in this paragraph. (B) The applicable numerical limitation referred to in subparagraph (A) is 15,000 for each fiscal year. (C) The applicable numerical limitation referred to in subparagraph (A) shall only apply to principal aliens and not to the spouses or children of such aliens. . (d) Specialty occupation defined Section 214(i)(1) of such Act (8 U.S.C. 1184(i)(1)) is amended by striking section 101(a)(15)(E)(iii), clauses (iii) and (iv) of section 101(a)(15)(E),

Partner with Korea Act

Integrated Public Alert and Warning System Modernization Act of 2014 - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) modernize the integrated U.S. public alert and warning system to help ensure that under all conditions the President, federal agencies, and state, tribal, and local governments can alert and warn the civilian population in areas endangered by natural disasters, acts of terrorism, and other man-made disasters or threats to public safety; and (2) implement such system to disseminate timely and effective warnings and homeland security information. Directs the Administrator to: (1) establish common alerting and warning protocols, standards, terminology, and operating procedures for the system; (2) include in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, and multiple communication technologies and to alert, warn, and provide equivalent information to individuals with disabilities, access and functional needs, or limited English proficiency; (3) ensure that specified training, tests, and exercises for such system are conducted and that the system is resilient, secure, and can withstand external attacks; and (4) conduct public education efforts and a general market awareness campaign about the system. Requires the system to: (1) be designed to adapt to and incorporate future technologies for communicating directly with the public, provide alerts to the largest portion of the affected population feasible, and improve the ability of remote areas to receive alerts; (2) promote local and regional public and private partnerships to enhance community preparedness and response; (3) provide redundant alert mechanisms; and (4) protect individual privacy. Directs the Administrator to establish the Integrated Public Alert and Warning System Subcommittee to develop and submit recommendations for an integrated public alert and warning system to the National Advisory Council, which shall report the recommendations it approves to agencies represented on the Subcommittee and to specified congressional committees.

113 S2664 IS: Integrated Public Alert and Warning System Modernization Act of 2014 U.S. Senate 2014-07-24 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. 2664 IN THE SENATE OF THE UNITED STATES July 24, 2014 Mr. Begich Ms. Collins Committee on Homeland Security and Governmental Affairs A BILL To amend the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency to modernize the integrated public alert and warning system of the United States, and for other purposes. 1. Short title This Act may be cited as the Integrated Public Alert and Warning System Modernization Act of 2014 2. Integrated public alert and warning system modernization (a) In general Title V of the Homeland Security Act of 2002 ( 6 U.S.C. 311 et seq. 526. Integrated public alert and warning system modernization (a) In general To provide timely and effective warnings regarding natural disasters, acts of terrorism, and other man-made disasters or threats to public safety, the Administrator shall— (1) modernize the integrated public alert and warning system of the United States (in this section referred to as the public alert and warning system (2) implement the public alert and warning system to disseminate timely and effective warnings and homeland security information regarding natural disasters, acts of terrorism, and other man-made disasters or threats to public safety. (b) Implementation requirements In carrying out subsection (a), the Administrator shall— (1) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; (2) include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, and multiple communication systems and technologies, as appropriate; (3) include in the public alert and warning system the capability to alert, warn, and provide equivalent information to individuals with disabilities, individuals with access and functional needs, and individuals with limited-English proficiency, to the extent technically feasible; (4) ensure that training, tests, and exercises are conducted for the public alert and warning system, including by— (A) incorporating the public alert and warning system into other training and exercise programs of the Department, as appropriate; (B) establishing and integrating into the National Incident Management System a comprehensive and periodic training program to instruct and educate Federal, State, tribal, and local government officials in the use of the Common Alerting Protocol enabled Emergency Alert System; and (C) conducting, not less than once every 3 years, periodic nationwide tests of the public alert and warning system; (5) to the extent practicable, ensure that the public alert and warning system is resilient and secure and can withstand acts of terrorism and other external attacks; (6) conduct public education efforts so that State, tribal, and local governments, private entities, and the people of the United States reasonably understand the functions of the public alert and warning system and how to access, use, and respond to information from the public alert and warning system through a general market awareness campaign; (7) consult, coordinate, and cooperate with the appropriate private sector entities and Federal, State, tribal, and local governmental authorities, including the Regional Administrators and emergency response providers; and (8) coordinate with and consider the recommendations of the Integrated Public Alert and Warning System Subcommittee established under section 2(b) of the Integrated Public Alert and Warning System Modernization Act of 2014 (c) System requirements The public alert and warning system shall— (1) to the extent determined appropriate by the Administrator, incorporate multiple communications technologies; (2) be designed to adapt to, and incorporate, future technologies for communicating directly with the public; (3) to the extent technically feasible, be designed— (A) to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, individuals with disabilities, individuals with access and functional needs, and individuals with limited-English proficiency; and (B) to improve the ability of remote areas to receive alerts; (4) promote local and regional public and private partnerships to enhance community preparedness and response; (5) provide redundant alert mechanisms where practicable so as to reach the greatest number of people; and (6) to the extent feasible, include a mechanism to ensure the protection of individual privacy. (d) Use of system (1) Limitation Except to the extent necessary for testing the public alert and warning system, the public alert and warning system shall not be used to transmit a message that does not relate to a natural disaster, act of terrorism, or other man-made disaster or threat to public safety. (2) Consumer opt-out Nothing in this section shall be construed to supersede section 602 of the SAFE Port Act (47 U.S.C. 1201). (e) Performance reports (1) In general Not later than 1 year after the date of enactment of the Integrated Public Alert and Warning System Modernization Act of 2014 (A) establish performance goals for the implementation of the public alert and warning system by the Agency; (B) describe the performance of the public alert and warning system, including— (i) the type of technology used for alerts and warnings issued under the system; (ii) the measures taken to alert, warn, and provide equivalent information to individuals with disabilities, individuals with access and function needs, and individuals with limited-English proficiency; and (iii) the training, tests, and exercises performed and the outcomes obtained by the Agency; (C) identify significant challenges to the effective operation of the public alert and warning system and any plans to address these challenges; (D) identify other necessary improvements to the system; and (E) provide an analysis comparing the performance of the public alert and warning system with the performance goals established under subparagraph (A). (2) Congress The Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives each report required under paragraph (1). . (b) Integrated Public Alert and Warning System Subcommittee (1) Establishment Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency (in this subsection referred to as the Administrator 6 U.S.C. 318 Subcommittee (2) Membership Notwithstanding section 508(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 318(c) (A) The Deputy Administrator for Protection and National Preparedness of the Federal Emergency Management Agency. (B) The Chairman of the Federal Communications Commission. (C) The Administrator of the National Oceanic and Atmospheric Administration of the Department of Commerce. (D) The Assistant Secretary for Communications and Information of the Department of Commerce. (E) The Under Secretary for Science and Technology of the Department of Homeland Security. (F) The Under Secretary for the National Protection and Programs Directorate. (G) The Director of Disability Integration and Coordination of the Federal Emergency Management Agency. (H) The Chairperson of the National Council on Disability. (I) Qualified individuals appointed by the Administrator as soon as practicable after the date of enactment of this Act from among the following: (i) Representatives of State and local governments, representatives of emergency management agencies, and representatives of emergency response providers. (ii) Representatives from federally recognized Indian tribes and national Indian organizations. (iii) Individuals who have the requisite technical knowledge and expertise to serve on the Subcommittee, including representatives of— (I) communications service providers; (II) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services; (III) third-party service bureaus; (IV) the broadcasting industry; (V) the cellular industry; (VI) the cable industry; (VII) the satellite industry; (VIII) national organizations representing individuals with disabilities, the blind, deaf, and hearing-loss communities, individuals with access and functional needs, and the elderly; (IX) consumer or privacy advocates; and (X) organizations representing individuals with limited-English proficiency. (iv) Qualified 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 of the Federal Emergency Management Agency shall serve as the Chairperson of the Subcommittee. (4) Meetings (A) Initial meeting The initial meeting of the Subcommittee shall take place not later than 120 days after the date of enactment of this Act. (B) Other meetings After the initial meeting, the Subcommittee shall meet, at least annually, at the call of the Chairperson. (5) Consultation with nonmembers The Subcommittee and the program offices for the integrated public alert and warning system for the United States shall consult with individuals and entities that are not represented on the Subcommittee to consider new and developing technologies that may be beneficial to the public alert and warning system, including— (A) the Defense Advanced Research Projects Agency; (B) entities engaged in federally funded research; and (C) academic institutions engaged in relevant work and research. (6) Recommendations The Subcommittee shall— (A) develop recommendations for an integrated public alert and warning system; and (B) in developing the recommendations under subparagraph (A), consider— (i) recommendations for common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; and (ii) recommendations to provide for a public alert and warning system that— (I) has the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; (II) has the capability to alert and warn individuals with disabilities and individuals with limited-English proficiency; (III) to the extent appropriate, incorporates multiple communications technologies; (IV) is designed to adapt to, and incorporate, future technologies for communicating directly with the public; (V) is designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and improve the ability of remote areas to receive alerts; (VI) promotes local and regional public and private partnerships to enhance community preparedness and response; and (VII) provides redundant alert mechanisms, if practicable, to reach the greatest number of people regardless of whether they have access to, or use, any specific medium of communication or any particular device. (7) Report (A) Subcommittee submission Not later than 1 year after the date of enactment of this Act, the Subcommittee shall submit to the National Advisory Council a report containing any recommendations required to be developed under paragraph (6) for approval by the National Advisory Council. (B) Submission by National Advisory Council If the National Advisory Council approves the recommendations contained in the report submitted under subparagraph (A), the National Advisory Council shall submit the report to— (i) the head of each agency represented on the Subcommittee; (ii) the Committee on Homeland Security and Governmental Affairs of the Senate; and (iii) the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives. (8) Termination The Subcommittee shall terminate not later than 3 years after the date of enactment of this Act. (c) Authorization of appropriations There are authorized to be appropriated to carry out this Act and the amendments made by this Act such sums as may be necessary for each of fiscal years 2015, 2016, and 2017. (d) Effect on obligations Nothing in this section shall be construed to affect any existing obligations of the Federal Communications Commission, the Department of Commerce, or any nongovernmental entity.

Integrated Public Alert and Warning System Modernization Act of 2014

(This measure has not been amended since it was introduced. The summary of that version is repeated here.) Emergency Information Improvement Act of 2014 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act, with respect to entities that are eligible to receive certain disaster assitance, to include: (1) broadcasting facilities within the definition of a "private nonprofit facility" that provides essential services of a governmental nature to the general public, and (2) broadcast and telecommunications communications within the definition of "critical services" provided by such a facility.

113 S2665 IS: Emergency Information Improvement Act of 2014 U.S. Senate 2014-07-24 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. 2665 IN THE SENATE OF THE UNITED STATES July 24, 2014 Mr. Begich Committee on Homeland Security and Governmental Affairs A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide eligibility for broadcasting facilities to receive certain disaster assistance, and for other purposes. 1. Short title This Act may be cited as the Emergency Information Improvement Act of 2014 2. Eligibility of broadcasting facilities for certain disaster assistance (a) Private nonprofit facility defined Section 102(11)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(11)(B)) is amended by inserting broadcasting facilities, workshops, (b) Critical services defined Section 406(a)(3)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172(a)(3)(B) communications, communications (including broadcast and telecommunications),

Emergency Information Improvement Act of 2014

Protect Children and Families Through the Rule of Law Act - Prohibits a federal agency or instrumentality from using federal funding or resources to: consider or adjudicate any new or previously denied application of any alien requesting consideration of deferred action for childhood arrivals, as authorized by executive memorandum on August 15, 2012, or by any other succeeding executive memorandum authorizing a similar program; or authorize any alien to work in the United States who was not lawfully admitted into the United States and who is not in lawful U.S. status on the date of enactment of this Act. Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to declare that any unaccompanied alien child (UAC) who has not been a victim of a severe form of trafficking in persons or does not have a credible fear of persecution on returning to his or her country of nationality or of last habitual residence shall be: (1) placed in removal proceedings, (2) eligible for voluntary departure at no cost to the child, and (3) provided with access to counsel. (Currently such expedited removal requirements apply only to unaccompanied children from countries that are contiguous to the United States.) Directs the Secretary of State to negotiate agreements regarding the repatriation of children with Canada, El Salvador, Guatemala, Honduras, Mexico, and any other appropriate foreign country. (Currently such agreements are to be negotiated between the United States and countries contiguous to the United States.) Requires a UAC to be placed within seven days of initial screening in a proceeding to expedite due process and screening. Prohibits removal of a UAC from U.S. custody during preliminary proceedings until repatriation or unless placed in removal proceedings. Amends the Immigration and Nationality Act to establish a proceeding to expedite due process and screening for UACs. Requires an immigration judge to: conduct a proceeding to inspect and determine the status of a UAC who applies for U.S. admission not later than 7 days after initial screening, determine within 72 hours of the proceeding's conclusion whether a UAC is likely to be admissible (or eligible for relief from removal) or is lawfully present in the United States, and place a UAC in further proceedings if such conditions have been met or order a UAC removed from the United States without further hearing or review unless there is a claim of asylum or a fear of persecution. States that: if a UAC intends to make a claim of asylum or fear of persecution he or she shall be referred to an asylum officer who shall determine in an interview whether there is a credible fear of persecution; if there is no credible fear of persecution a UAC shall be ordered removed without further hearing or review; and a UAC shall be held in protective Department of Health and Human Services (HHS) custody pending a final determination of credible fear of persecution, or removal. Sets forth due process protections for UACs, including protective HHS custody. Directs the Attorney General (DOJ) to hire or reassign up to 40 immigration judges to conduct expedited inspection and screening of UACs. Prohibits the Secretary of HHS from placing a UAC in the custody of an individual who has been convicted of a sex offense or a crime involving a severe form of trafficking in persons. Requires related biometric criminal background checks. Declares that, if the governor of a state deploys National Guard personnel in response to the apprehension of 6,000 or more UACs who are nationals of countries other than Canada or Mexico, the Secretary of Defense (DOD) shall reimburse the state for any expenses incurred as a result of such deployment. Directs the Federal Emergency Management Agency (FEMA) to enhance law enforcement preparedness, humanitarian responses, and operational readiness along the southern border through Operation Stonegarden. Authorizes National Guard personnel who are deployed to conduct homeland defense activities near an international border to detain any person, and transfer such person to the custody of U.S. Border Patrol or another federal law enforcement agency, if there is probable cause that such person has violated federal law regarding immigration, drug trafficking, human trafficking, or terrorism.

113 S2666 PCS: Protect Children and Families Through the Rule of Law Act U.S. Senate 2014-07-24 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 Calendar No. 491 113th CONGRESS 2d Session S. 2666 IN THE SENATE OF THE UNITED STATES July 24, 2014 Mr. Cruz July 28, 2014 Read the second time and placed on the calendar A BILL To prohibit future consideration of deferred action for childhood arrivals or work authorization for aliens who are not in lawful status, to facilitate the expedited processing of minors entering the United States across the southern border, and to require the Secretary of Defense to reimburse States for National Guard deployments in response to large-scale border crossings of unaccompanied alien children from noncontiguous countries. 1. Short title This Act may be cited as the Protect Children and Families Through the Rule of Law Act 2. Limitation on executive immigration authority No agency or instrumentality of the Federal Government may use Federal funding or resources— (1) to consider or adjudicate any new or previously denied application of any alien requesting consideration of deferred action for childhood arrivals, as authorized by Executive memorandum on August 15, 2012, or by any other succeeding executive memorandum authorizing a similar program; or (2) to authorize any alien to work in the United States if such alien— (A) was not lawfully admitted into the United States in compliance with the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (B) is not in lawful status in the United States on the date of the enactment of this Act. 3. Repatriation of unaccompanied alien children Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 8 U.S.C. 1232(a) (1) in paragraph (2)— (A) by amending the paragraph heading to read as follows: Rules for unaccompanied alien children (B) in subparagraph (A), in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States (C) in subparagraph (C)— (i) by amending the subparagraph heading to read as follows: Agreements with foreign countries (ii) in the matter preceding clause (i), by striking countries contiguous to the United States Canada, El Salvador, Guatemala, Honduras, Mexico, and any other foreign country that the Secretary determines appropriate (2) in paragraph (5)(D)— (A) in the subparagraph heading, by striking Placement in removal proceedings Expedited due process and screening for unaccompanied alien children (B) in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to the exceptions under subsection (a)(2), shall be— who does not meet the criteria listed in paragraph (2)(A)— (C) by striking clause (i) and inserting the following: (i) shall be placed in a proceeding in accordance with section 235B of the Immigration and Nationality Act, which shall commence not later than 7 days after the screening of an unaccompanied alien child described in paragraph (4); ; (D) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (E) by inserting after clause (i) the following: (ii) may not be placed in the custody of a nongovernmental sponsor or otherwise released from the custody of the United States Government until the child is repatriated unless the child is the subject of an order under section 235B(e)(1) of the Immigration and Nationality Act; ; (F) in clause (iii), as redesignated, by inserting is eligible (G) in clause (iv), as redesignated, by inserting shall be provided 4. Expedited due process and screening of unaccompanied alien children (a) Amendments to Immigration and Nationality Act (1) In general Chapter 4 of the Immigration and Nationality Act is amended by inserting after section 235A the following: 235B. Humane and expedited inspection and screening for unaccompanied alien children (a) Defined term In this section, the term asylum officer (1) has had professional training in country conditions, asylum law, and interview techniques comparable to that provided to full-time adjudicators of applications under section 208, and (2) is supervised by an officer who— (A) meets the condition described in paragraph (1); and (B) has had substantial experience adjudicating asylum applications. (b) Proceeding (1) In general Not later than 7 days after the screening of an unaccompanied alien child under section 235(a)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 8 U.S.C. 1232(a)(4) (2) Time limit Not later than 72 hours after the conclusion of a proceeding with respect to an unaccompanied alien child under this section, the immigration judge who conducted such proceeding shall issue an order pursuant to subsection (e). (c) Conduct of proceeding (1) Authority of immigration judge The immigration judge conducting a proceeding under this section— (A) shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses; (B) may issue subpoenas for the attendance of witnesses and presentation of evidence; and (C) is authorized to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this Act. (2) Form of proceeding A proceeding under this section may take place— (A) in person; (B) at a location agreed to by the parties, in the absence of the alien; (C) through video conference; or (D) through telephone conference. (3) Presence of alien If it is impracticable by reason of an alien's mental incompetency for the alien to be present at the proceeding, the Attorney General shall prescribe safeguards to protect the rights and privileges of the alien. (4) Rights of the alien In a proceeding under this section— (A) the alien shall be given the privilege of being represented, at no expense to the Government, by counsel of the alien’s choosing who is authorized to practice in such proceedings; (B) the alien shall be given a reasonable opportunity— (i) to examine the evidence against the alien; (ii) to present evidence on the alien’s own behalf; and (iii) to cross-examine witnesses presented by the Government; (C) the rights set forth in subparagraph (B) shall not entitle the alien— (i) to examine such national security information as the Government may proffer in opposition to the alien’s admission to the United States; or (ii) to an application by the alien for discretionary relief under this Act; and (D) a complete record shall be kept of all testimony and evidence produced at the proceeding. (5) Withdrawal of application for admission In the discretion of the Attorney General, an alien applying for admission to the United States may, and at any time, be permitted to withdraw such application and immediately be returned to the alien’s country of nationality or country of last habitual residence. (d) Decision and burden of proof (1) Decision (A) In general At the conclusion of a proceeding under this section, the immigration judge shall determine whether an unaccompanied alien child is likely to be— (i) admissible to the United States; or (ii) eligible for any form of relief from removal under this Act. (B) Evidence The determination of the immigration judge under subparagraph (A) shall be based only on the evidence produced at the hearing. (2) Burden of proof (A) In general In a proceeding under this section, an alien who is an applicant for admission has the burden of establishing, by a preponderance of the evidence, that the alien— (i) is likely to be entitled to be lawfully admitted to the United States or eligible for any form of relief from removal under this Act; or (ii) is lawfully present in the United States pursuant to a prior admission. (B) Access to documents In meeting the burden of proof under subparagraph (A)(ii), the alien shall be given access to— (i) the alien’s visa or other entry document, if any; and (ii) any other records and documents, not considered by the Attorney General to be confidential, pertaining to the alien’s admission or presence in the United States. (e) Orders (1) Placement in further proceedings If an immigration judge determines that the unaccompanied alien child has met the burden of proof under subsection (d)(2), the judge shall order the alien to be placed in further proceedings in accordance with section 240. (2) Orders of removal If an immigration judge determines that the unaccompanied alien child has not met the burden of proof required under subsection (d)(2), the judge shall order the alien removed from the United States without further hearing or review unless the alien claims— (A) an intention to apply for asylum under section 208; or (B) a fear of persecution. (3) Claims for asylum If an unaccompanied alien child described in paragraph (2) claims an intention to apply for asylum under section 208 or a fear of persecution, the officer shall order the alien referred for an interview by an asylum officer under subsection (f). (f) Asylum interviews (1) Defined term In this subsection, the term credible fear of persecution (2) Conduct by asylum officer An asylum officer shall conduct interviews of aliens referred under subsection (e)(3). (3) Referral of certain aliens If the officer determines at the time of the interview that an alien has a credible fear of persecution, the alien shall be held in the custody of the Secretary of Health and Human Services pursuant to section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (4) Removal without further review if no credible fear of persecution (A) In general Subject to subparagraph (C), if the asylum officer determines that an alien does not have a credible fear of persecution, the officer shall order the alien removed from the United States without further hearing or review. (B) Record of determination The officer shall prepare a written record of a determination under subparagraph (A), which shall include— (i) a summary of the material facts as stated by the applicant; (ii) such additional facts (if any) relied upon by the officer; (iii) the officer's analysis of why, in light of such facts, the alien has not established a credible fear of persecution; and (iv) a copy of the officer’s interview notes. (C) Review of determination (i) Rulemaking The Attorney General shall establish, by regulation, a process by which an immigration judge will conduct a prompt review, upon the alien’s request, of a determination under subparagraph (A) that the alien does not have a credible fear of persecution. (ii) Mandatory components The review described in clause (i)— (I) shall include an opportunity for the alien to be heard and questioned by the immigration judge, either in person or by telephonic or video connection; and (II) shall be conducted— (aa) as expeditiously as possible; (bb) within the 24-hour period beginning at the time the asylum officer makes a determination under subparagraph (A), to the maximum extent practicable; and (cc) in no case later than 7 days after such determination. (D) Mandatory protective custody Any alien subject to the procedures under this paragraph shall be held in the custody of the Secretary of Health and Human Services pursuant to Section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 8 U.S.C. 1232(b) (i) pending a final determination of credible fear of persecution; and (ii) after a determination that the alien does not such a fear, until the alien is removed. (g) Limitation on administrative review (1) In general Except as provided in subsection (f)(4)(C) and in paragraph (2), a removal order entered in accordance with subsection (e)(2) or (f)(4)(A) is not subject to administrative appeal. (2) Rulemaking The Attorney General shall establish, by regulation, a process for the prompt review of an order under subsection (e)(2) against an alien who claims under oath, or as permitted under penalty of perjury under section 1746 (A) lawfully admitted for permanent residence; (B) admitted as a refugee under section 207; or (C) granted asylum under section 208. . (2) Clerical amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. Sec. 235B. Humane and expedited inspection and screening for unaccompanied alien children. . (b) Judicial review of orders of removal Section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 (1) in subsection (a)— (A) in paragraph (1), by inserting , or an order of removal issued to an unaccompanied alien child after proceedings under section 235B section 235(b)(1) (B) in paragraph (2)— (i) by inserting or section 235B section 235(b)(1) (ii) in subparagraph (A)— (I) in the subparagraph heading, by inserting or 235B section 235(b)(1) (II) in clause (iii), by striking section 235(b)(1)(B), section 235(b)(1)(B) or 235B(f); (2) in subsection (e)— (A) in the subsection heading, by inserting or 235B section 235(b)(1) (B) by inserting or section 235B section 235(b)(1) (C) in subparagraph (2)(C), by inserting or section 235B(g) section 235(b)(1)(C) (D) in subparagraph (3)(A), by inserting or section 235B section 235(b) 5. Due process protections for unaccompanied alien children present in the United States (a) Special motions for unaccompanied alien children (1) Filing authorized Beginning on the date that is 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, notwithstanding any other provision of law, may, at the sole and unreviewable discretion of the Secretary, permit an unaccompanied alien child who was issued a Notice to Appear under section 239 of the Immigration and Nationality Act ( 8 U.S.C. 1229 (A) to appear, in-person, before an immigration judge who has been authorized by the Attorney General to conduct proceedings under section 235B of the Immigration and Nationality Act, as added by section 4; (B) to attest to their desire to apply for admission to the United States; and (C) to file a motion to apply for admission to the United States by being placed in proceedings under section 235B of the Immigration and Nationality Act. (2) Motion granted An immigration judge may, at the sole and unreviewable discretion of the judge, grant a motion filed under paragraph (1)(C) upon a finding that— (A) the petitioner was an unaccompanied alien child (as defined in section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 8 U.S.C. 1232 (B) the Notice to Appear was issued during the period beginning on January 1, 2013, and ending on the date of the enactment of this Act; (C) the unaccompanied alien child is applying for admission to the United States; and (D) the granting of such motion would not be manifestly unjust. (3) Effect of motion Notwithstanding any other provision of law, upon the granting of a motion under paragraph (2)— (A) the immigration judge who granted such motion shall, while the petitioner remains in-person, immediately inspect and screen the petitioner for admission to the United States by conducting a proceeding under section 235B of the Immigration and Nationality Act; and (B) the petitioner shall not be subject to the 5-year expedited removal bar under section 212(a)(6)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(B) (4) Protective custody An unaccompanied alien child who has been granted a motion under paragraph (2) shall be held in the custody of the Secretary of Health and Human Services pursuant to section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 8 U.S.C. 1232 6. Emergency immigration judge resources (a) Designation Not later than 14 days after the date of the enactment of this Act, the Attorney General shall designate up to 40 immigration judges, including through the hiring of retired immigration judges or magistrate judges, or the reassignment of current immigration judges, that are dedicated to conducting humane and expedited inspection and screening for unaccompanied alien children under section 235B of the Immigration and Nationality Act, as added by section 4. (b) Requirement The Attorney General shall ensure that sufficient immigration judge resources are dedicated to the purpose described in subsection (a) to comply with the requirement under section 235B(b)(1) of the Immigration and Nationality Act. 7. Protecting children from human traffickers, sex offenders, and other criminals Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 8 U.S.C. 1232(c)(3) (1) in subparagraph (A), by inserting , including a mandatory biometric criminal history check (2) by adding at the end the following— (D) Prohibition on placement with sex offenders and human traffickers (i) In general The Secretary of Health and Human Services may not place an unaccompanied alien child in the custody of an individual who has been convicted of— (I) a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)); or (II) a crime involving a severe form of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 (ii) Requirements of criminal background check A biometric criminal history check under subparagraph (A) shall be based on a set of fingerprints or other biometric identifiers and conducted through— (I) the Identification Division of the Federal Bureau of Investigation; and (II) criminal history repositories of all States that the individual lists as current or former residences. . 8. National Guard deployments in response to large-scale border crossings and resources for State and local border security efforts (a) National Guard deployments Section 902 (1) by striking The Secretary (a) In general The Secretary ; (2) by striking the comma after Secretary (3) by adding at the end the following: (b) Mandatory reimbursement If the governor of a State deploys personnel of the National Guard in response to the apprehension of 6,000 or more unaccompanied alien children (as defined in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) . (b) State and local assistance (1) In general The Federal Emergency Management Agency shall enhance law enforcement preparedness, humanitarian responses, and operational readiness along the Southern border through Operation Stonegarden. (2) Grants and reimbursements (A) In general Amounts appropriated pursuant to paragraph (3) shall be used for grants and reimbursements to State and local governments in Border Patrol sectors on the Southern border for— (i) personnel, overtime, travel, and other costs related to combating illegal immigration and drug smuggling; and (ii) costs related to providing humanitarian relief to unaccompanied alien children who have entered the United States. (B) Funding for state and local governments Grants and reimbursements authorized subparagraph (A) shall be made by the Federal Emergency Management Agency through a competitive process. (3) Authorization of appropriations (A) In general There are authorized to be appropriated, for fiscal years 2014 and 2015, such sums as may be necessary to carry out this subsection. (B) Offset Any amounts appropriated pursuant to subparagraph (A) shall be offset by an equal reduction in the amounts appropriated for other purposes. (C) Rescission If the reductions required under subparagraph (B) are not made during the 180-day period beginning on the date of the enactment of this Act, there shall be rescinded, from all unobligated amounts appropriated for any Federal agency (other than the Department of Defense), on a proportionate basis, an amount equal to the amount appropriated pursuant to subparagraph (A). (c) Scope of National Guard authority Section 902 (c) Scope of authority Notwithstanding section 1385 (1) immigration; (2) drug trafficking; (3) human trafficking; or (4) terrorism. . July 28, 2014 Read the second time and placed on the calendar

Protect Children and Families Through the Rule of Law Act

Iranian Sanctions Relief Certification Act of 2014 - Prohibits the President from exercising a waiver specified under this Act in connection with the extension of the terms of the Joint Plan of Action beyond July 20, 2014, unless the President certifies to Congress before the waiver takes effect and every 60 days thereafter that any funds made available to the government of Iran as a result of the waiver will not facilitate Iran's ability to: support any individual or entity designated for the imposition of sanctions for international terrorism, any foreign terrorist organization, including Hamas, Hezbollah, Palestinian Islamic Jihad, and the regime of Bashar al-Assad in Syria; advance the efforts of Iran or any other country to develop nuclear weapons or ballistic missiles; or commit any violation of the human rights of the people of Iran. (Defines the Joint Plan of Action as the Joint Plan of Action signed on November 24, 2013, by Iran and by France, Germany, the Russian Federation, China, the United Kingdom, and the United States.)

113 S2667 IS: Iranian Sanctions Relief Certification Act of 2014 U.S. Senate 2014-07-24 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. 2667 IN THE SENATE OF THE UNITED STATES July 24, 2014 Mr. Kirk Ms. Ayotte Mr. Cornyn Mr. Isakson Mr. Roberts Mr. Hatch Mr. Hoeven Committee on Foreign Relations A BILL To prohibit the exercise of any waiver of the imposition of certain sanctions with respect to Iran unless the President certifies to Congress that the waiver will not result in the provision of funds to the Government of Iran for activities in support of international terrorism, to develop nuclear weapons, or to violate the human rights of the people of Iran. 1. Short title This Act may be cited as the Iranian Sanctions Relief Certification Act of 2014 2. Certification required for exercise of certain waivers of provisions of law imposing sanctions with respect to Iran (a) In general On and after the date of the enactment of this Act, the President may not exercise a waiver specified in subsection (b) in connection with the extension of the terms of the Joint Plan of Action beyond July 20, 2014, unless the President certifies to Congress before the waiver takes effect and every 60 days thereafter that any funds made available to the Government of Iran as a result of the waiver will not facilitate the ability of that Government— (1) to provide support for— (A) any individual or entity designated for the imposition of sanctions for activities relating to international terrorism pursuant to an Executive order or by the Office of Foreign Assets Control of the Department of the Treasury before July 22, 2014; (B) any organization designated by the Secretary of State as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) (C) any other terrorist organization, including Hamas, Hezbollah, Palestinian Islamic Jihad, and the regime of Bashar al-Assad in Syria; (2) to advance the efforts of Iran or any other country to develop nuclear weapons or ballistic missiles overtly or covertly; or (3) to commit any violation of the human rights of the people of Iran. (b) Waivers specified A waiver specified in this subsection is any of the following: (1) A waiver provided for under section 4(c) or 9(c) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 (2) A waiver provided for under paragraph (5) of section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d) (3) A waiver provided for under subsection (e) of section 302 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8742 (4) A waiver provided for under subsection (i) of section 1244 of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8803 (c) Joint Plan of Action defined In this section, the term Joint Plan of Action

Iranian Sanctions Relief Certification Act of 2014

Self Determination Contract Reporting Commitment to Tribes Act - Amends the Indian Self-Determination and Education Assistance Act to presume absent fraud or mathematical error that the deficiency amounts reported to Congress for contract support costs accurately reflect the minimum damages due to any Indian tribe or tribal organization filing a claim, appeal, or civil action under the Act. Requires each annual report and accompanying data prepared under the Act to be made available to the public.

113 S2668 IS: Self Determination Contract Reporting Commitment to Tribes Act U.S. Senate 2014-07-24 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. 2668 IN THE SENATE OF THE UNITED STATES July 24, 2014 Mr. Begich Committee on Indian Affairs A BILL To amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian tribes, and for other purposes. 1. Short title This Act may be cited as the Self Determination Contract Reporting Commitment to Tribes Act 2. Indian self-determination contract funding and indirect costs Section 106(c) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450j–1(c) (1) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and indenting appropriately; (2) in the first sentence, by striking Not later than (1) In general Not later than ; (3) in the second sentence, by striking Such report (2) Inclusions The report ; and (4) by adding at the end the following: (3) Presumption For any claim, appeal, or civil action brought pursuant to subsections (a) and (d) of section 110 that is pending on the date of enactment of this paragraph, it shall be presumed, in the absence of fraud or mathematical error, that the deficiency amounts reported to Congress under paragraph (2)(B) accurately reflect the minimum damages due any Indian tribe or tribal organization filing the claim, appeal, or civil action. (4) Public availability Not later than June 1 of each year, the report and accompanying data prepared under this subsection for that year— (A) shall be made available to the public; and (B) shall not be subject to an exemption under section 552(b) .

Self Determination Contract Reporting Commitment to Tribes Act

Self Determination Commitment to Tribes Act - Changes from discretionary to mandatory the funding for payments to Indian tribes and tribal organizations for contract support costs arising out of self-determination or self-governance contracts, grants, compacts, or annual funding agreements entered into pursuant to the Self-Determination and Education Assistance Act.

113 S2669 IS: Self Determination Commitment to Tribes Act U.S. Senate 2014-07-24 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. 2669 IN THE SENATE OF THE UNITED STATES July 24, 2014 Mr. Begich Committee on Appropriations A BILL To ensure funding for certain payments to Indian tribes and tribal organizations, and for other purposes. 1. Short title This Act may be cited as the Self Determination Commitment to Tribes Act 2. Indian self-determination contract support costs Section 1305 (11) Indian self-determination contract support costs To make payments required under paragraphs (2), (3), and (5) of section 106(a) of the Indian Self-Determination and Education Assistance Act 25 U.S.C. 450j–1 .

Self Determination Commitment to Tribes Act

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Pirate Fishing Elimination Act - Implements the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at the Food and Agriculture Organization (FAO) of the United Nations (U.N.) in Rome, Italy, on November 22, 2009 (the Agreement). (Sec. 5) Authorizes the Secretary of Commerce (Secretary) to designate and publicize ports of entry for each: (1) foreign vessel seeking entry to or in a port subject to U.S. jurisdiction; (2) vessel of the United States seeking entry to or in a port subject to the jurisdiction of another government or regional economic integration organization under the Agreement; and (3) person, private entity, or government subject to U.S. jurisdiction. Prohibits the designation of such a port unless it is designated as a customs reporting port of entry under specified provisions of the Tariff Act of 1930. Defines "vessel" as any vessel, ship, or boat used, equipped, or intended for fishing or a fishing-related activity. Excludes a container vessel that is: (1) not carrying fish; or (2) carrying only previously landed fish without having engaged in or supported activities designated as illegal, unreported, and unregulated (IUU) fishing. Defines "fishing-related activity" as any operation in support of, or in preparation for, fishing, including: (1) the landing, packaging, processing, transshipping, or transporting of fish that have not been previously landed at a port or place; and (2) the provision of personnel, fuel, gear, and other supplies at sea. Directs the Secretary to provide the FAO a list of each designated port. Requires the Secretary to maintain, and make publicly accessible, information regarding legal remedies available to persons affected by this Act. (Sec. 6) Requires each vessel to submit to the Secretary of the department in which the Coast Guard is operating certain required information in advance of the vessel arriving in a port. Requires the Secretary to deny entry to vessels: (1) listed as, engaged in, or supporting IUU fishing; or (2) that the Secretary has reasonable grounds to believe has violated this Act. Permits the Secretary to allow entry for scrapping, inspection, enforcement, or to assist a vessel or person in danger or distress. Directs the Secretary to provide notice of denial of entry decisions to the flag nation of the vessel and, as appropriate, each relevant coastal nation, regional fisheries management organization (RFMO), and international organization. Defines "RFMO" as an intergovernmental fisheries organization or arrangement that has the competence to establish conservation and management measures. (Sec. 7) Sets forth standards for denying or permitting port services to vessels authorized to enter a port. (Sec. 8) Requires the Secretary and the Secretary of the department in which the Coast Guard is operating to conduct vessel inspections. Sets forth standards for the prioritization of such inspections. Directs the Secretary to transmit inspection results to the flag nation of the inspected vessel and, as appropriate, to: (1) each relevant party to the Agreement and nation, including a relevant coastal nation and the nation of which the vessel's master is a national; (2) the relevant RFMO; (3) the FAO; and (4) any other relevant international organization. Requires the Secretary, if reasonable grounds exist following the inspection to believe that a foreign vessel has engaged in or supported IUU fishing, to: (1) through the Secretary of State, notify the flag nation of the vessel and, as appropriate, each relevant coastal nation, RFMO, international organization, and the nation of which the vessel's master is a national; and (2) deny the vessel the use of port services. Authorizes the Secretary to take enforcement action. (Sec. 9) Declares it unlawful for any person to: (1) impede or refuse to permit boarding to an authorized officer conducting investigation or enforcement activities; (2) resist lawful arrest; (3) interfere with the detection of a person violating this Act; (4) submit false information; (5) forcibly assault, resist, harass, or bribe authorized observers or data collectors; (6) import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any fish or fish product taken, possessed, transported, or sold in violation of any foreign law or treaty addressing the conservation or management of living marine resources, or any conservation and management measures; (7) falsify records or identifications of fish; or (8) carry out other acts prohibited by this Act. Defines "authorized officer" as any: (1) commissioned, warrant, or petty officer of the Coast Guard; (2) special agent or fishery enforcement officer of the National Marine Fisheries Service; or (3) officer designated by the head of any federal or state agency with an agreement to enforce the Magnuson-Stevens Fishery Conservation and Management Act or any other statute administered by the National Oceanic and Atmospheric Administration (NOAA). (Sec. 10) Requires the Secretary and the Secretary of the department in which the Coast Guard is operating to enforce this Act and authorize officers to conduct various enforcement activities. Allows such Secretaries to utilize, by agreement and on a reimbursable or nonreimbursable basis, the personnel, services, equipment (including aircraft and vessels), and facilities of any other federal or state agency. Permits authorized officers, under specified circumstances, to carry firearms, make appropriate arrests, and issue citations. Sets forth forfeiture procedures and administrative, civil, and criminal penalties. Specifies the U.S. district courts with jurisdiction over actions arising in various locations and sets forth venue requirements for offenses not committed in any district. (Sec. 11) Directs the Secretary to provide assistance, including grants, to assist developing nations and international organizations in meeting their obligations under the Agreement. Authorizes the Secretary, when carrying out the international assistance responsibilities under this Act or any statute administered by the Secretary, to transfer funds to any foreign government and any international, nongovernmental, or intergovernmental organization. (Sec. 12) Prohibits this Act from: (1) displacing any requirements imposed by U.S. customs laws or any other laws or regulations enforced or administered by the Secretary of Homeland Security (DHS); or (2) affecting a vessel's entry into port, in accordance with international law, for reasons of force majeure or distress. Requires more stringent requirements to apply where such requirements exist under other federal laws. (Sec. 13) Authorizes FY2013-FY2017 appropriations.

113 S267 RS: Pirate Fishing Elimination Act U.S. Senate 2013-02-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 291 113th CONGRESS 2d Session S. 267 [Report No. 113–132] IN THE SENATE OF THE UNITED STATES February 11, 2013 Mr. Rockefeller Mr. Begich Ms. Murkowski Mr. Schatz, Ms. Cantwell Mr. Whitehouse Mr. Wyden, Ms. Hirono Mr. Merkley Mr. Nelson Mr. Blumenthal Mr. Markey Committee on Commerce, Science, and Transportation January 8, 2014 Reported by Mr. Rockefeller A BILL To prevent, deter, and eliminate illegal, unreported, and unregulated fishing through port State measures. 1. Short title; table of contents (a) Short Title This Act may be cited as the Pirate Fishing Elimination Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Definitions. Sec. 4. Application. Sec. 5. Duties of the Secretary. Sec. 6. Advance notice of vessel arrival, authorization, or denial of port entry. Sec. 7. Denial of port services. Sec. 8. Inspections. Sec. 9. Prohibited acts. Sec. 10. Enforcement. Sec. 11. International cooperation and assistance. Sec. 12. Relationship to other laws. Sec. 13. Authorization of appropriations. 2. Purpose The purpose of this Act is to implement the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, done at the Food and Agriculture Organization of the United Nations in Rome, Italy on November 22, 2009. 3. Definitions In this Act: (1) Agreement The term Agreement (2) Authorized officer The term authorized officer (A) any commissioned, warrant, or petty officer of the United States Coast Guard; (B) any special agent or fishery enforcement officer of National Marine Fisheries Service; or (C) any officer designated by the head of any Federal or State agency that has entered into an agreement with the Secretary to enforce the provisions of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. (3) Conservation and management measures The term conservation and management measures (4) Container vessel The term container vessel (5) FAO The term FAO (6) Fish The term fish (7) Fishing The term fishing (8) Fishing-related activity The term fishing-related activity (A) the landing, packaging, processing, transshipping, or transporting of fish that have not been previously landed at a port or place; and (B) the provision of personnel, fuel, gear, and other supplies at sea. (9) Foreign vessel The term foreign vessel (10) Illegal, unreported, and unregulated fishing or IUU fishing The term illegal, unreported, and unregulated fishing IUU fishing (A) conducted by a national or foreign vessel in waters under the jurisdiction of a nation without the permission of that nation, or in contravention of its laws and regulations, including an activity that has not been reported or has been misreported to the relevant national authority of that nation in contravention of its laws and regulations; (B) conducted by a vessel flying the flag of a nation that is a member of an RFMO in contravention of the conservation and management measures adopted by the RFMO and by which that nation is bound, including an activity that has not been reported or has been misreported in contravention of the reporting requirements of that RFMO; (C) conducted by a vessel flying the flag of a nation that is a cooperating non-member of an RFMO that is inconsistent with the commitments undertaken by that nation as a cooperating non-member of that RFMO, including an activity that has not been reported or has been misreported in a manner that is inconsistent with those commitments; or (D) conducted in the area of application of an RFMO by a vessel without nationality, or by a vessel flying the flag of a nation that is not a member nor a cooperating non-member of that RFMO and that undermines the effectiveness of the conservation and management measures of that RFMO. (11) Landing The term landing (12) Listed IUU vessel The term listed IUU vessel (13) Party The term Party (14) Person The term person (15) Port The term port (16) Previously landed The term previously landed (17) Processing The term processing (18) Regional fisheries management organization or RFMO The term regional fisheries management organization RFMO (19) Secretary The term Secretary (20) State The term State (21) Transshipment The term transshipment (22) Vessel The term vessel (23) Vessel of the United States (A) In general The term vessel of the United States (i) a vessel documented under chapter 121 chapter 123 (ii) a vessel owned in whole or in part by— (I) the United States; (II) a State or political subdivision of a State; (III) a citizen or national of the United States; or (IV) a corporation created under the laws of the United States or any State. (B) Exclusions The term vessel of the United States 4. Application (a) In general This Act shall apply to— (1) each foreign vessel seeking entry to or in a port subject to the jurisdiction of the United States; (2) each vessel of the United States seeking entry to or in a port subject to the jurisdiction of another Party to the Agreement; and (3) each person subject to the jurisdiction of the United States. (b) Exclusions Notwithstanding subsection (a), this Act shall not apply to— (1) a container vessel that is not carrying fish; or (2) a container vessel that— (A) is carrying only fish that have been previously landed; and (B) the Secretary has no clear grounds to suspect has been engaged in IUU fishing or fishing-related activities in support of IUU fishing. 5. Duties of the Secretary (a) Regulations The Secretary may promulgate such regulations, in accordance with section 553 of title 5, United States Code, as may be necessary to carry out the purposes of this Act. (b) Procedures The Secretary, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall develop procedures for making determinations and notifications as may be necessary to carry out the purposes of this Act. (c) Foreign vessel entry (1) In general The Secretary (in consultation with the Secretary of Homeland Security or if the Coast Guard is not operating in the Department of Homeland Security, in consultation with the Secretary of the department in which the Coast Guard is operating) may designate and publicize each port to which a vessel described in section 4 may seek entry. The Secretary shall not designate a port under this subsection unless the port is designated as a port of entry for customs reporting purposes under section 433 of the Tariff Act of 1930 ( 19 U.S.C. 1433 (2) List of designated ports The Secretary shall provide a list of each port designated under paragraph (1) to FAO. (d) Electronic exchange of information In order to implement the requirements of the Agreement regarding electronic exchange of information, the Secretary is authorized to designate a point of contact and notify FAO of that designation. The Secretary may cooperate, including by providing financial assistance, in efforts to establish an information-sharing mechanism and to facilitate the exchange of information with existing databases relevant to the Agreement. (e) Information on available recourse The Secretary shall maintain information regarding any legal remedy available to a person who is affected by an action under this Act. The Secretary shall make the information publicly accessible and, upon written request, shall provide the information to the owner, operator, master, or representative of a vessel. 6. Advance notice of vessel arrival, authorization, or denial of port entry (a) Advance notice of vessel arrival Each vessel described in section 4(a) shall submit to the Secretary of the department in which the Coast Guard is operating information required under the Agreement in advance of the vessel’s arrival in a port. The Secretary shall, in consultation with the Secretary of the Department in which the Coast Guard is operating and the Secretary of State, promulgate regulations to establish a procedure that requires each foreign vessel seeking entry into a U.S. port to submit, at a minimum, the information required under the Agreement in advance of the vessel’s arrival in a port. The procedure shall utilize, to the maximum extent possible, existing reporting mechanisms maintained and operated by the department in which the Coast Guard is operating. (b) Authorization or denial of port entry (1) In general In conformance with the procedures under section 5(b) the Secretary shall— (A) decide whether to authorize or deny port entry; and (B) communicate the decision to the vessel or its representative in accordance with the procedure under subsection (a). (2) Denial of entry The Secretary may deny entry to— (A) any listed IUU vessel; (B) any vessel that the Secretary has reasonable grounds to believe has engaged in IUU fishing or fishing-related activities in support of IUU fishing; or (C) any vessel that the Secretary has reasonable grounds to believe has violated this Act. (3) Permissible entry Notwithstanding paragraph (2), the Secretary may allow a vessel entry into port— (A) for the purpose of rendering assistance to a vessel or person in danger or distress; (B) for the scrapping of the vessel, as appropriate; or (C) for inspection or other enforcement action. (c) Notice If entry is denied under subsection (b), the Secretary shall provide notice of the decision to the flag nation of the vessel and, as appropriate, to each relevant coastal nation, RFMO, and other international organization. 7. Denial of port services (a) In general A vessel that has been granted authorization to enter port under section 6 or that is otherwise in a port subject to the jurisdiction of the United States shall be denied, by the Secretary, the use of the port for landing, transshipment, packaging and processing of fish, refueling, resupplying, maintenance, and drydocking, if— (1) the vessel entered port without authorization under section 6; (2) the vessel is a listed IUU vessel; (3) the Secretary has reasonable grounds to believe that the vessel lacks valid authorizations to engage in fishing or fishing-related activities as required by its flag nation or the relevant coastal nation; (4) the Secretary has reasonable grounds to believe that the fish on board the vessel were taken in violation of foreign law or in contravention of any conservation and management measures; (5) the Secretary requested confirmation from the flag nation that the fish on board were taken in accordance with applicable conservation and management measures, and the flag nation failed to provide confirmation in accordance with regulations promulgated under this Act; or (6) the Secretary has reasonable grounds to believe that the vessel has engaged in IUU fishing or fishing-related activities in support of IUU fishing, including in support of a listed IUU vessel, unless the vessel can establish that— (A) the vessel was acting in a manner consistent with applicable conservation and management measures; or (B) in the case of the provision of personnel, fuel, gear, and other supplies at sea, the vessel provisioned was not, at the time of provisioning, a listed IUU vessel. (b) Permissible use of port services Notwithstanding subsection (a), the Secretary may allow the use of port services—– (1) if the vessel has established that the services are essential to the safety or health of the crew or safety of the vessel; (2) for the scrapping of the vessel, as appropriate; or (3) for inspection or other enforcement action. (c) Notice If use of port services is denied under subsection (a), the Secretary, acting through the Secretary of State, shall provide notice of the decision to the flag nation of the vessel and, as appropriate, to each relevant coastal nation, RFMO, and other international organization. (d) Withdrawal of denial The Secretary shall withdraw denial of the use of port services if the Secretary determines that the grounds on which the use was denied were inadequate, erroneous, or no longer applicable. The Secretary shall provide notification of the withdrawal promptly to each person that was notified under subsection (c). 8. Inspections (a) Inspections The Secretary and the Secretary of the department in which the Coast Guard is operating shall conduct vessel inspections, as necessary, for the purposes of the Agreement and this Act. In conducting a vessel inspection, the Secretary may utilize by agreement, on a reimbursable or nonreimbursable basis, the personnel services, equipment (including aircraft and vessels), and facilities of any other Federal agency (including all elements of the Department of Defense), and of any State agency. The Secretary shall prioritize vessel inspections based on— (1) whether a vessel has been denied entry or use of a port in accordance with the Agreement; (2) a request from another relevant Party, State, or RFMO that a certain vessel be inspected, particularly if the request is supported by evidence of IUU fishing or fishing-related activities in support of IUU fishing by the vessel in question; and (3) whether there are clear grounds to suspect that a vessel has engaged in IUU fishing or fishing-related activities in support of IUU fishing. (b) Transmittal of inspection results The Secretary shall transmit the results of an inspection under this Act to the flag nation of the inspected vessel and, as appropriate, to— (1) each relevant Party and nation, including a relevant coastal nation and the nation of which the vessel’s master is a national; (2) each relevant RFMO; (3) the FAO; and (4) any other relevant international organization. (c) Actions following inspection If, following an inspection, the Secretary has reasonable grounds to believe that a foreign vessel has engaged in IUU fishing or fishing-related activities in support of IUU fishing— (1) the Secretary may take enforcement action under this Act or other applicable law; and (2) the Secretary shall— (A) acting through the Secretary of State, promptly notify the flag nation of the vessel and, as appropriate, each relevant coastal nation, RFMO, and other international organization, and the nation of which the vessel’s master is a national; and (B) deny the vessel the use of port services, in accordance with section 7. 9. Prohibited acts It is unlawful for any person— (1) to violate any provision of this Act or any regulation promulgated thereunder; (2) to refuse to permit an authorized officer to board, search, or inspect any vessel, conveyance, or shoreside facility that is subject to the person’s control, for the purpose of conducting any search, investigation, or inspection in connection with the enforcement of this Act or any regulation promulgated thereunder; (3) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any authorized officer in the conduct of any search, investigation, or inspection described in paragraph (2); (4) to resist a lawful arrest for any act prohibited by this Act; (5) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed any act prohibited by this section; (6) to submit any false information pursuant to any requirement under this Act or any regulation promulgated under this Act; (7) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer or any data collector employed or under contract to carry out responsibilities under this Act or any Act administered by the Secretary; (8) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any fish or fish product taken, possessed, transported, or sold in violation of any foreign law or treaty addressing the conservation or management of living marine resources, or any conservation and management measures (as defined in section 3); or (9) to make or submit any incomplete, invalid, or false record, account, or label for, or any false identification of, any fish or fish product (including false identification of the species, harvesting vessel or nation, or the date or location where harvested) that has been, or is intended to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce except where such making or submission is prohibited by section 307(1)(I) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(I)). 10. Enforcement (a) Responsibility The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce the provisions of this Act. In enforcing this Act, the Secretary and the Secretary of the department in which the Coast Guard is operating may utilize, by agreement and on a reimbursable or nonreimbursable basis the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency (including all elements of the Department of Defense), or of any State agency. The Secretary and the Secretary of the department in which the Coast Guard is operating shall authorize officers to enforce the provisions of this Act (including any regulation promulgated under this Act). The head of any Federal or State agency that has entered into an agreement with either the Secretary or the Secretary of the department in which the Coast Guard is operating under this section may (if the agreement so provides) authorize officers to enforce the provisions of this Act (including any regulation promulgated under this Act). (b) Powers of authorized officers (1) In general An authorized officer under subsection (a) may, with or without a warrant or other process— (A) arrest a person if the officer has probable cause that the person has committed an act prohibited under section 9; (B) board and search or inspect any vessel that is subject to this Act; (C) seize any vessel (together with its fishing gear, furniture, appurtenances, stores, and cargo) used or employed in, or with respect to which it reasonably appears that such vessel was used or employed in, the violation of any provision of this Act (including any regulation promulgated under this Act); (D) seize any fish (wherever found) imported, exported, transported, sold, received, acquired, or purchased in any manner, in connection with or as a result of the violation of any provision of this Act; (E) seize any other evidence related to any violation of any provision of this Act (including any regulation promulgated under this Act); (F) search or inspect any facility or conveyance used or employed in, or which reasonably appears to be used or employed in, the storage, processing, transport, or trade of fish or fish products; (G) inspect records pertaining to the storage, processing, transport, or trade of fish or fish products; (H) detain, for a period not to exceed 14 days, any shipment of fish or fish products that is related to any violation of any provision of this Act (including any regulations promulgated under this Act) and that was imported into, landed on, introduced into, exported from, or transported within the jurisdiction of the United States, or, if such fish or fish product is deemed to be perishable, sell and retain the proceeds for a period not to exceed 14 days; (I) search and seize, in accordance with any guidelines issued by the Attorney General; (J) execute and serve any subpoena, arrest warrant, search warrant issued in accordance with rule 41 of the Federal Rules of Criminal Procedure, or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction; (K) access, directly or indirectly, for enforcement purposes any data or information required to be provided under this Act (including any regulations promulgated under this Act), including data from vessel monitoring systems, automatic identification systems, long-range identification and tracking systems, or any similar system; and (L) exercise any other lawful authority. (2) Felonies An authorized officer under subsection (a) may carry, in accordance with any guidelines issued by the Attorney General, firearms and may make an arrest for any offense under the laws of the United States committed in the officer’s presence or for the commission of any felony under the laws of the United States if the officer has probable cause that the person to be arrested has committed or is committing a felony. (c) Issuance of citations If an authorized officer under subsection (a) finds that a person or vessel is engaging or has been engaged in a violation of any provision of this Act, the officer may issue a citation to the owner or operator of the vessel in lieu of proceeding under subsection (f), (g), or (i). The Secretary shall maintain a record of all citations issued under this subsection. (d) Subpoenas (1) In general For the purposes of conducting any investigation or hearing under this Act, or any other Act administered by the Secretary, the Secretary may— (A) issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, photographs, records, books, and documents in any form, including those in electronic, optical, or magnetic form; and (B) administer oaths. (2) Witness fees Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. (3) Contempt In case of contempt or refusal to obey a subpoena served upon any person under this subsection, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (e) District court jurisdiction (1) In general The several district courts of the United States shall have jurisdiction over any actions arising under this section. For the purpose of this section, for 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— (A) in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and (B) in the case of the Northern Mariana Islands, the appropriate court is the United States District Court for the District of the Northern Mariana Islands. (2) Each violation separate offense Each violation shall be a separate offense. 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 as authorized by law. (3) Offenses not committed in any district Any offense not committed in any district is subject to the venue provisions of section 3238 (f) Civil enforcement (1) Civil administrative penalties (A) In general Any person who is found by the Secretary (after notice and opportunity for a hearing in accordance with section 554 (B) Compromise or other action by Secretary The Secretary may compromise, modify, or remit, with or without conditions, any civil administrative penalty which is or may be imposed under this subsection and that has not been referred to the Attorney General for further enforcement action. (2) Civil judicial penalties Any person who violates any provision of this Act (including any regulation promulgated or permit issued thereunder) shall be subject to a civil judicial penalty not to exceed $300,000 for each such violation. Each day of a continuing violation shall constitute a separate violation. The Attorney General, upon the request of the Secretary, may commence a civil action in an appropriate district court of the United States. The district court shall have jurisdiction to award civil penalties and such other relief as justice may require. In determining the amount of a civil penalty, the district court shall take into account the nature, circumstances, extent, and gravity of the prohibited act committed and, with respect to the violator, the degree of culpability, any history of prior violations, and such other matters as justice may require. In imposing such penalty, the district court may also consider information related to the ability of the violator to pay. (3) In rem jurisdiction A vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act prohibited by section 9 shall be liable in rem for any civil penalty assessed for such violation under this section and may be proceeded against in any district court of the United States having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel. The maritime lien on the vessel may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel. (4) Collection of administrative penalties If a person fails to pay an assessment of a civil penalty under paragraph (1) after it has become a final and unappealable order, the Secretary shall refer the matter to the Attorney General. The Attorney General shall recover the amount assessed (plus interest at current prevailing rates from the date of the final order) in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. Any person who fails to pay, on a timely basis, the amount of an assessment of a civil penalty shall be required to pay (in addition to such amount and interest, attorney's fees, and costs for collection proceedings) a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such person's penalties and nonpayment penalties that are unpaid as of the beginning of such quarter. (g) Forfeiture (1) Criminal forfeiture A person who is convicted of an offense in violation of this Act shall forfeit to the United States— (A) any property, real or personal, constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of the offense, including, without limitation, any fish (or the fair market value thereof); and (B) any property, real or personal, used or intended to be used, in any manner, to commit or facilitate the commission of the offense, including, without limitation, any vessel (including the vessel's equipment, stores, catch and cargo), vehicle, aircraft, or other means of transportation. Pursuant to section 2461(c) of title 28, United States Code, the provisions of section 413 of the Controlled Substances Act (21 U.S.C. § 853) except for subsection (d) of that Act shall apply to criminal forfeitures under this section. (2) Civil forfeiture The property set forth below shall be subject to forfeiture to the United States in accordance with the provisions of chapter 46 of title 18, United States Code, and no property right shall exist in it: (A) Any property, real or personal, constituting or traceable to the gross proceeds taken, obtained, or retained in connection with, or as a result of, a violation of this Act, including, without limitation, any fish (or the fair market value thereof). (B) Any property, real or personal, used or intended to be used, in any manner, to commit or facilitate the commission of a violation of this Act, including, without limitation, any vessel (including the vessel's equipment, stores, catch, and cargo), vehicle, aircraft, or other means of transportation. (3) Application of the customs laws All provisions of law relating to seizure, summary judgment, and judicial forfeiture and condemnation for violation of the customs laws, the disposition of the property forfeited or condemned or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as applicable and not inconsistent with the provisions hereof. For seizures and forfeitures of property under this section by the Secretary, such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs law may be performed by such officers as are designated by the Secretary or, upon request of the Secretary, by any other agency that has authority to manage and dispose of seized property. (4) Presumption For the purposes of this section there is a rebuttable presumption that all fish, or components thereof, found on board a vessel that is used or seized in connection with a violation of this Act (including any regulation promulgated under this Act) were taken, obtained, or retained as a result of IUU fishing or fishing-related activities in support of IUU fishing. (h) Criminal enforcement (1) Any person (other than a foreign government agency, or entity wholly owned and controlled by a foreign government) who knowingly commits any act prohibited by section 9 of this Act shall be imprisoned for not more than 5 years or fined not more than $500,000 for individuals or $1,000,000 for an organization, or both; except that if in the commission of any such offense the individual uses a dangerous weapon, engages in conduct that causes bodily injury to any officer authorized to enforce the provisions of this Act, or places any such officer in fear of imminent bodily injury, the maximum term of imprisonment is not more than 10 years. (2) Any person (other than a foreign government agency, or entity wholly owned and controlled by a foreign government) who violates paragraph (2), (3), (4), (5) or (6) of section 9, and who, in the exercise of due care should know that such person's conduct violates such subsections, shall be fined under title 18, United States Code, or imprisoned not more than 1 year, or both. (i) Payment of storage, care, and other costs Any person assessed a civil penalty for, or convicted of, any violation of this Act (including any regulation promulgated under this Act) and any claimant in a forfeiture action brought for such a violation, shall be liable for the reasonable costs incurred by the Secretary in storage, care, and maintenance of any property seized in connection with the violation. 11. International cooperation and assistance (a) In general To the greatest extent possible, consistent with existing authority and the availability of funds, the Secretary shall provide appropriate assistance, including grants, to developing nations and international organizations of which such nations are members to assist those nations in meeting their obligations under the Agreement. (b) Use of resources In carrying out subsection (a), the Secretary may, by agreement, on a reimbursable or nonreimbursable basis, utilize the personnel, services, equipment, and facilities of any individual, corporation, partnership, association, or other entity, and any Federal, State, local, or foreign government or any entity of any such government. (c) Transfer of funds The Secretary is authorized to transfer funds, subject to the limits of available appropriations, to any foreign government and any international, non-governmental, or intergovernmental organization for purposes related to carrying out the international responsibilities of subsection (a) or any statute administered by the Secretary. 12. Relationship to other laws (a) Statutory construction Nothing in this Act shall be construed to displace any requirements imposed by the customs laws of the United States or any other laws or regulations enforced or administered by the Secretary of Homeland Security. Where more stringent requirements regarding port entry or access to port services exist under other Federal law, the more stringent requirements shall apply. Nothing in this Act shall affect a vessel’s entry into port, in accordance with international law, for reasons of force majeure or distress. (b) Statutory interpretation This Act shall be interpreted and applied in accordance with United States obligations under international law. 13. Authorization of appropriations There is authorized to be appropriated to the Secretary such sums as are necessary for each of fiscal years 2013 through 2017 to carry out the provisions of this Act. January 8, 2014 Reported without amendment

Pirate Fishing Elimination Act

Keep the Promise Act of 2014 - Restricts gaming on land within the Phoenix, Arizona metropolitan area acquired by the Secretary of the Interior in trust for the benefit of an Indian tribe after April 9, 2013. Terminates the restriction on January 1, 2027.

113 S2670 IS: Keep the Promise Act of 2014 U.S. Senate 2014-07-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2670 IN THE SENATE OF THE UNITED STATES July 28, 2014 Mr. McCain Mr. Flake Committee on Indian Affairs A BILL To prohibit gaming activities on certain Indian land in Arizona until the expiration of certain gaming compacts. 1. Short title This Act may be cited as the Keep the Promise Act of 2014 2. Findings Congress finds that— (1) in 2002, the voters in the State of Arizona approved Proposition 202, the Indian Gaming Preservation and Self-Reliance Act; (2) to obtain the support of Arizona voters to approve Proposition 202, the Indian tribes within Arizona agreed to limit the number of casinos within the State and in particular within the Phoenix metropolitan area; and (3) this Act preserves the agreement made between the Indian tribes and the Arizona voters until the expiration of the gaming compacts authorized by Proposition 202. 3. Definitions In this Act: (1) Indian tribe; class II gaming; class III gaming The terms Indian tribe class II gaming class III gaming 25 U.S.C. 2703 (2) Phoenix metropolitan area The term Phoenix metropolitan area 4. Gaming clarification (a) Prohibition Class II gaming and class III gaming are prohibited on land within the Phoenix metropolitan area acquired by the Secretary of the Interior in trust for the benefit of an Indian tribe after April 9, 2013. (b) Expiration The prohibition in subsection (a) shall expire on January 1, 2027.

Keep the Promise Act of 2014

(This measure has not been amended since it was passed by the Senate on September 18, 2014. The summary of that version is repeated here.) United States-Israel Strategic Partnership Act of 2014 - (Sec. 4) Expresses the sense of Congress that Israel is a major U.S. strategic partner. (Sec. 5) Amends the Department of Defense Appropriations Act, 2005 to extend authority to transfer certain obsolete or surplus Department of Defense (DOD) items to Israel. Amends the Foreign Assistance Act of 1961 to extend authority to make additions to foreign-based defense stockpiles for use as war reserve stocks through FY2015. (Sec. 6) Directs the President to take steps to make Israel eligible for the strategic trade authorization exception to the requirement for a license for the export, reexport, or in-country transfer of an item subject to certain export controls. (Sec. 7) Authorizes the President to carry out U.S.-Israel cooperative activities and to provide assistance for cooperation in the fields of energy, water, agriculture, and alternative fuel technologies. Authorizes the President to: (1) share and exchange with Israel research, technology, intelligence, information, equipment, and personnel that will advance U.S. national security interests; and (2) enhance U.S.-Israel scientific cooperation. Authorizes the Secretary of Homeland Security (DHS) to enter into cooperative research pilot programs with Israel to enhance Israel's capabilities in: (1) border, maritime, and aviation security; (2) explosives detection; and (3) emergency services. (Sec. 8) Directs the President to report to Congress regarding the feasibility and advisability of expanding U.S.-Israel cyber cooperation. (Sec. 9) States that it shall be U.S. policy to include Israel in the visa waiver program when Israel satisfies, and as long as Israel continues to satisfy, program requirements. (Sec. 10) Directs the President to update Congress on efforts taken, pursuant to the United States-Israel Enhanced Security Cooperation Act, to provide Israel with defense articles and defense services, including missile and joint missile defense capabilities including Iron Dome, security and intelligence cooperation, and an expanded role for Israel with the North Atlantic Treaty Organization (NATO). (Sec. 11) Requires any certification that a sale or export of major defense equipment to a country in the Middle East will not adversely affect Israel's qualitative military edge to include: an explanation of Israel's capacity to address the improved capabilities provided by the sale or export; an evaluation of how the sale or export alters the regional strategic and tactical balance; an identification of any new capacity or training that Israel may require to address the regional or country-specific capabilities provided by such sale or export; and a description of any additional U.S. security assurances to Israel made, or requested to be made, in connection with the sale or export. (Sec. 12) Amends the Energy Independence and Security Act of 2007 to authorize the Secretary of Energy to: enter into cooperative agreements supporting dialogue and planning involving international partnerships between the Department of Energy (DOE), including DOE National Laboratories, and the government of Israel and its ministries, offices, and institutions; and establish a joint United States-Israel Center in the United States with offshore energy development expertise to develop academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development. Extends through September 30, 2024, the grant program to support U.S.-Israel research, development, and commercialization of renewable energy or energy efficiency. Expands the scope of covered energy under such program, including the coverage of natural gas energy, water desalination improvement, and other water treatment technologies. Directs the Secretary of State to continue ongoing diplomacy efforts to: (1) support Israel's energy security, and (2) promote regional energy cooperation in the Eastern Mediterranean.

S2673 ENR: United States-Israel Strategic Partnership 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. 2673 IN THE SENATE OF THE UNITED STATES AN ACT To enhance the strategic partnership between the United States and Israel. 1. Short title This Act may be cited as the United States-Israel Strategic Partnership Act of 2014 2. Findings Congress makes the following findings: (1) The people and the Governments of the United States and of Israel share a deep and unbreakable bond, forged by over 60 years of shared interests and shared values. (2) Today, the people and Governments of the United States and of Israel are facing a dynamic and rapidly changing security environment in the Middle East and North Africa, necessitating deeper cooperation on a range of defense, security, and intelligence matters. (3) From Gaza, Hamas continues to deny Israel’s right to exist and persists in firing rockets indiscriminately at population centers in Israel. (4) Hezbollah—with support from Iran—continues to stockpile rockets and may be seeking to exploit the tragic and volatile security situation within Syria. (5) The Government of Iran continues to pose a grave threat to the region and the world at large with its reckless pursuit of nuclear weapons. (6) Given these challenges, it is imperative that the United States continues to deepen cooperation with allies like Israel in pursuit of shared policy objectives. 3. Statement of policy It is the policy of the United States— (1) to reaffirm the unwavering support of the people and the Government of the United States for the security of Israel as a Jewish state; (2) to reaffirm the principles and objectives enshrined in the United States-Israel Enhanced Security Cooperation Act of 2012 ( Public Law 112–150 (3) to reaffirm the importance of the 2007 United States-Israel Memorandum of Understanding on United States assistance to Israel and the semi-annual Strategic Dialogue between the United States and Israel; (4) to pursue every opportunity to deepen cooperation with Israel on a range of critical issues including defense, homeland security, energy, and cybersecurity; (5) to continue to provide Israel with robust security assistance, including for the procurement of the Iron Dome Missile Defense System; and (6) to support the Government of Israel in its ongoing efforts to reach a negotiated political settlement with the Palestinian people that results in two states living side-by-side in peace and security. 4. Sense of Congress on Israel as a major strategic partner It is the sense of Congress that Israel is a major strategic partner of the United States. 5. Extension of war reserves stockpile authority (a) Department of Defense Appropriations Act, 2005 Section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 more than 10 years after more than 11 years after (b) Foreign Assistance Act of 1961 Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321h(b)(2)(A) and 2014 , 2014, and 2015 6. Eligibility of Israel for the strategic trade authorization exception to certain export control licensing requirements (a) Findings Congress finds that Israel— (1) has adopted high standards in the field of export controls; (2) has declared its unilateral adherence to the Missile Technology Control Regime, the Australia Group, and the Nuclear Suppliers Group; and (3) is a party to— (A) the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, signed at Geneva October 10, 1980; (B) the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva June 17, 1925; and (C) the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on October 26, 1979. (b) Eligibility for strategic trade authorization exception The President, consistent with the commitments of the United States under international arrangements, shall take steps so that Israel may be included in the list of countries eligible for the strategic trade authorization exception under section 740.20(c)(1) of title 15, Code of Federal Regulations, to the requirement for a license for the export, reexport, or in-country transfer of an item subject to controls under the Export Administration Regulations. 7. United States-Israel cooperation on energy, water, homeland security, agriculture, and alternative fuel technologies (a) In general The President is authorized, subject to existing law— (1) to undertake activities in cooperation with Israel; and (2) to provide assistance promoting cooperation in the fields of energy, water, agriculture, and alternative fuel technologies. (b) Requirements In carrying out subsection (a), the President is authorized, subject to existing requirements of law and any applicable agreements or understandings between the United States and Israel— (1) to share and exchange with Israel research, technology, intelligence, information, equipment, and personnel, including through sales, leases, or exchanges in kind, that the President determines will advance the national security interests of the United States and are consistent with the Strategic Dialogue and pertinent provisions of law; and (2) to enhance scientific cooperation between Israel and the United States. (c) Cooperative research pilot programs The Secretary of Homeland Security, acting through the Director of the Homeland Security Advanced Research Projects Agency and with the concurrence of the Secretary of State, is authorized, subject to existing law, to enter into cooperative research pilot programs with Israel to enhance Israel’s capabilities in— (1) border, maritime, and aviation security; (2) explosives detection; and (3) emergency services. 8. Report on increased United States-Israel cooperation on cybersecurity Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report, in a classified format or including a classified annex, as appropriate, on the feasibility and advisability of expanding United States-Israeli cooperation on cyber issues, including sharing and advancing technologies related to the prevention of cybercrimes. 9. Statement of policy regarding the Visa Waiver Program It shall be the policy of the United States to include Israel in the list of countries that participate in the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 10. Status of implementation of section 4 of the United States-Israel Enhanced Security Cooperation Act of 2012 Not later than 180 days after the date of the enactment of this Act, the President shall, to the extent practicable and in an appropriate manner, provide an update to the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives Committee on Armed Services of the Senate Committee on Armed Services of the House of Representatives 22 U.S.C. 8603 11. Improved reporting on enhancing Israel’s qualitative military edge and security posture (a) Biennial assessment reevaluations Section 201(c) of the Naval Vessel Transfer Act of 2008 ( 22 U.S.C. 2776 (3) Biennial updates Two years after the date on which each quadrennial report is transmitted to Congress, the President shall— (A) reevaluate the assessment required under subsection (a); and (B) inform and consult with the appropriate congressional committees on the results of the reevaluation conducted pursuant to subparagraph (A). . (b) Certification requirements for major defense equipment Section 36(h) of the Arms Export Control Act ( 22 U.S.C. 2776(h) (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: (2) Requirements with respect to determination for major defense equipment A determination under paragraph (1) relating to the sale or export of major defense equipment shall include— (A) a detailed explanation of Israel’s capacity to address the improved capabilities provided by such sale or export; (B) a detailed evaluation of— (i) how such sale or export alters the strategic and tactical balance in the region, including relative capabilities; and (ii) Israel’s capacity to respond to the improved regional capabilities provided by such sale or export; (C) an identification of any specific new capacity, capabilities, or training that Israel may require to address the regional or country-specific capabilities provided by such sale or export; and (D) a description of any additional United States security assurances to Israel made, or requested to be made, in connection with, or as a result of, such sale or export. . 12. United States-Israel energy cooperation (a) Findings Section 917(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337(a) (1) in paragraph (1), by striking renewable covered (2) in paragraph (4)— (A) by striking possible many (A) many ; and (B) by adding at the end the following: “and (B) significant contributions to the development of renewable energy and energy efficiency through the established programs of the United States-Israel Binational Industrial Research and Development Foundation and the United States-Israel Binational Science Foundation; ; (3) in paragraph (6)— (A) by striking renewable covered (B) by striking and (4) in paragraph (7)— (A) by striking renewable covered (B) by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: (8) United States-Israel energy cooperation and the development of natural resources by Israel are in the strategic interest of the United States; (9) Israel is a strategic partner of the United States in water technology; (10) the United States can play a role in assisting Israel with regional safety and security issues; (11) the National Science Foundation of the United States, to the extent consistent with the National Science Foundation’s mission, should collaborate with the Israel Science Foundation and the United States-Israel Binational Science Foundation; (12) the United States and Israel should strive to develop more robust academic cooperation in— (A) energy innovation technology and engineering; (B) water science; (C) technology transfer; and (D) analysis of emerging geopolitical implications, crises and threats from foreign natural resource and energy acquisitions, and the development of domestic resources as a response; (13) the United States supports the goals of the Alternative Fuels Administration of Israel with respect to expanding the use of alternative fuels; (14) the United States strongly urges open dialogue and continued mechanisms for regular engagement and encourages further cooperation between applicable departments, agencies, ministries, institutions of higher education, and the private sector of the United States and Israel on energy security issues, including— (A) identifying policy priorities associated with the development of natural resources of Israel; (B) discussing and sharing best practices to secure cyber energy infrastructure and other energy security matters; (C) leveraging natural gas to positively impact regional stability; (D) issues relating to the energy-water nexus, including improving energy efficiency and the overall performance of water technologies through research and development in water desalination, wastewater treatment and reclamation, water treatment in gas and oil production processes, and other water treatment refiners; (E) technical and environmental management of deep-water exploration and production; (F) emergency response and coastal protection and restoration; (G) academic outreach and engagement; (H) private sector and business development engagement; (I) regulatory consultations; (J) leveraging alternative transportation fuels and technologies; and (K) any other areas determined appropriate by the United States and Israel; (15) the United States— (A) acknowledges the achievements and importance of the Binational Industrial Research and Development Foundation and the United States-Israel Binational Science Foundation; and (B) supports continued multiyear funding to ensure the continuity of the programs of the foundations specified in subparagraph (A); and (16) the United States and Israel have a shared interest in addressing immediate, near-term, and long-term energy, energy poverty, energy independence, and environmental challenges facing the United States and Israel, respectively. . (b) Grant program Section 917(b) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337(b)(1) (1) in paragraph (1), by striking renewable energy or energy efficiency covered energy (2) in paragraph (2)— (A) in subparagraph (F), by striking and (B) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (H) natural gas energy, including conventional and unconventional natural gas technologies and other associated technologies, and natural gas projects conducted by or in conjunction with the United States-Israel Binational Science Foundation and the United States-Israel Binational Industrial Research and Development Foundation; and (I) improvement of energy efficiency and the overall performance of water technologies through research and development in water desalination, wastewater treatment and reclamation, and other water treatment refiners. ; and (3) in paragraph (3)(A), by striking energy efficiency or renewable covered (c) International partnerships; regional energy cooperation (1) International partnerships Section 917 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337 (A) by striking subsection (d); (B) by redesignating subsection (c) as subsection (e); (C) by inserting after subsection (b) the following: (c) International partnerships (1) In general The Secretary, subject to the availability of appropriations, may enter into cooperative agreements supporting and enhancing dialogue and planning involving international partnerships between the Department, including National Laboratories of the Department, and the Government of Israel and its ministries, offices, and institutions. (2) Federal share The Secretary may not pay more than 50 percent of Federal share of the costs of implementing cooperative agreements entered into pursuant to paragraph (1). (3) Annual reports If the Secretary enters into agreements authorized by paragraph (1), the Secretary shall submit an annual report to the Committee on Energy and Natural Resources of the Senate Committee on Foreign Relations of the Senate Committee on Appropriations of the Senate Committee on Energy and Commerce of the House of Representatives Committee on Science, Space, and Technology of the House of Representatives Committee on Foreign Affairs of the House of Representatives Committee on Appropriations of the House of Representatives (A) actions taken to implement such agreements; and (B) any projects undertaken pursuant to such agreements. (d) United States-Israel energy center The Secretary may establish a joint United States-Israel Energy Center in the United States leveraging the experience, knowledge, and expertise of institutions of higher education and entities in the private sector, among others, in offshore energy development to further dialogue and collaboration to develop more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of emerging geopolitical implications, crises and threats from foreign natural resource and energy acquisitions, and the development of domestic resources as a response. ; and (D) in subsection (e), as redesignated, by striking the date that is 7 years after the date of enactment of this Act September 30, 2024 (2) Constructive regional energy cooperation The Secretary of State shall continue the ongoing diplomacy efforts of the Secretary of State in— (A) engaging and supporting the energy security of Israel; and (B) promoting constructive regional energy cooperation in the Eastern Mediterranean. Speaker of the House of Representatives Vice President of the United States and President of the Senate

United States-Israel Strategic Partnership Act of 2014

Columbia River Basin Restoration Act of 2014 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Environmental Protection Agency (EPA) to establish a Columbia River Basin Restoration Program to reduce toxic contamination and clean up contaminated sites. Requires the program to be collaborative and stakeholder-based. Requires the EPA to: (1) assess trends in water quality and toxic contamination or toxics reduction; (2) collect, characterize and assess data on toxics and water quality to identify possible causes of environmental problems; (3) update the Columbia River Basin Toxics Reduction Plan (Action Plan) and the Estuary Partnership Comprehensive Conservation and Management Plan (Estuary Plan) and ensure that the plans form a coherent toxic contamination reduction strategy; and (4) provide technical assistance in implementing and updating the Action Plan. Directs the EPA to establish a Columbia River Basin Toxics Reduction Working Group to: (1) participate in developing updates to the Action Plan, (2) recommend and prioritize projects and actions for the Action Plan, and (3) review progress made. Requires the Lower Columbia River Estuary Partnership to perform those duties and fulfill those responsibilities of the Working Group relating to the Lower Columbia River Estuary. Requires the EPA to establish a Columbia River Basin toxics grant program to provide funding to develop or implement projects to implement the Action Plan and the Estuary Plan.

113 S2674 IS: Columbia River Basin Restoration Act of 2014 U.S. Senate 2014-07-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2674 IN THE SENATE OF THE UNITED STATES July 28, 2014 Mr. Merkley Mr. Wyden Mr. Walsh Mr. Tester Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to establish within the Environmental Protection Agency a Columbia River Basin Restoration Program. 1. Short title This Act may be cited as the Columbia River Basin Restoration Act of 2014 2. Findings Congress finds that— (1) the Columbia River is the largest river in the Pacific Northwest by volume; (2) the river is 1,253 miles long, with a drainage basin that includes 259,000 square miles, extending to 7 States and British Columbia, Canada, and including all or part of— (A) multiple national parks; (B) components of the National Wilderness Preservation System; (C) National Monuments; (D) National Scenic Areas; (E) National Recreation Areas; (F) other areas managed for conservation; and (G) multiple tribal reservations and over 45,000,000 acres of tribally comanaged land; (3) the Columbia River Basin and associated tributaries (referred to in this Act as the Basin (4) traditionally, the Basin includes more than 6,000,000 acres of irrigated agricultural land and produces more hydroelectric power than any other North American river; (5) significant commerce takes place on the federally authorized Columbia Snake River System navigation channel, which is 465 miles in length, from the mouth of the Columbia River to Lewiston, Idaho; (6) the Basin— (A) historically constituted the largest salmon-producing river system in the world, with annual returns peaking at as many as 16,000,000 fish; and (B) as of the date of enactment of this Act— (i) supports economically important commercial and recreational fisheries; (ii) supports treaty tribal fisheries; (iii) is home to numerous species of salmonids, including steelhead, bull trout, and Kootenai white sturgeon, that are listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (iv) is a cultural and historical resource and provides sports and recreation opportunities for millions annually; (7) toxics are present throughout the Columbia River Basin that are harmful to humans, fish, and wildlife; (8) studies have shown that Columbia River fish contain a wide array of contaminants; (9) a fish consumption survey in the Columbia River Basin showed that tribal members were eating 6 to 11 times more fish than the estimated national average; (10) in 2013, the States of Oregon and Washington issued a fish advisories warning against consumption of resident fish between Bonneville Dam to McNary Dam because of toxic contamination; (11) in 1995, the lower river and estuary was designated an estuary of national significance 33 U.S.C. 1330 (12) (A) in 2006, the Administrator of the Environmental Protection Agency named the Columbia River Basin 1 of the 10 large aquatic ecosystems in the United States; (B) the Columbia River Basin is the only large aquatic ecosystem in the United States that does not receive dedicated appropriations as a large aquatic ecosystem; and (C) the other 9 large aquatic ecosystems receive appropriations through the Geographic Programs Program Area of the Environmental Protection Agency. 3. Columbia River Basin restoration Title I of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. 123. Columbia river basin restoration (a) Definitions (1) Action plan (A) In general The term Action Plan (B) Inclusions The term Action Plan (2) Columbia River Basin The term Columbia River Basin (3) Estuary Partnership The term Estuary Partnership (4) Estuary plan (A) In general The term Estuary Plan (B) Inclusions The term Estuary Plan (5) Lower Columbia River Estuary The term Lower Columbia River Estuary (6) Middle and Upper Columbia River Basin The term Middle and Upper Columbia River Basin (7) Program The term Program (8) Working Group The term Working Group (A) the Columbia River Basin Toxics Reduction Working Group established under subsection (c); and (B) with respect to the Lower Columbia River Estuary, the Estuary Partnership. (b) Columbia river basin restoration program (1) Establishment (A) In general The Administrator shall establish within the Environmental Protection Agency a Columbia River Basin Restoration Program for the purposes of reducing toxic contamination and cleaning up contaminated sites throughout the Columbia River Basin. (B) No effect on existing authority The Program shall not modify any legal or regulatory authority or program in effect as of the date of enactment of this section, including the roles of Federal agencies in the Columbia River Basin. (C) Relationship to existing activities The Program shall— (i) build on the work and collaborative structure of the existing Columbia River Toxics Reduction Working Group representing the Federal Government, State, tribal, and local governments, industry, and nongovernmental organizations, which was convened in 2005 to develop a collaborative toxic contamination reduction approach for the Columbia River Basin; (ii) in the Lower Columbia River Basin and Estuary, build on the work and collaborative structure of the Estuary Partnership; (iii) coordinate with other efforts, including activities of other Federal agencies in the Columbia River Basin, to avoid duplicating activities or functions; and (iv) not impede implementation of existing agreements or other recovery and mitigation programs. (2) Scope of program The Program shall consist of a collaborative stakeholder-based program for reducing toxic contamination throughout the Columbia River Basin. (3) Duties The Administrator shall— (A) assess trends in water quality and toxic contamination or toxics reduction, including trends that affect uses of the water of the Columbia River Basin; (B) collect, characterize, and assess data on toxics and water quality to identify possible causes of environmental problems; (C) provide the Working Group with data, analysis, reports, or other information; (D) provide technical assistance to the Working Group, and to State governments, tribal governments, and local governments participating in the Working Group, to assist those agencies and entities in— (i) developing updates to the Action Plan; (ii) recommending and prioritizing projects and actions for the Action Plan; and (iii) reviewing progress and effectiveness of projects and actions implemented, as well as cumulative progress toward the goals of this section, and the Action Plan; (E) periodically update the Action Plan and the Estuary Plan as required by counsel, and ensure that those plans, when considered together and in light of relevant plans developed by other Federal or State agencies, form a coherent toxic contamination reduction strategy for the Columbia River Basin; (F) track progress toward meeting the identified goals and objectives of the Action Plan by coordinating and reporting environmental data related to the Action Plan and the Estuary Plan and making the data and reports on the data available to the public; and (G) provide grants in accordance with subsection (d) for projects that— (i) assist in— (I) eliminating or reducing pollution; (II) cleaning up contaminated sites; (III) improving water quality; (IV) monitoring to evaluate trends; (V) reducing runoff; (VI) protecting habitat; or (VII) promoting citizen engagement or knowledge; (ii) address the goals, tasks, or action items in the Action Plan or the Estuary Plan; and (iii) are recommended by the Working Group to implement the Estuary Plan. (c) Stakeholder working group (1) Establishment The Administrator shall establish a Columbia River Basin Toxics Reduction Working Group. (2) Membership (A) In general Membership in the Working Group shall be on a voluntary basis and any person invited by the Administrator under this subsection may decline membership. (B) Invited representatives The Administrator shall invite, at a minimum, representatives of— (i) each State located in whole or in part within the Columbia River Basin; (ii) the Governors of each State located in whole or in part with the Columbia River Basin; (iii) each federally recognized Indian tribe in the Columbia River Basin; (iv) local governments located in the Columbia River Basin; (v) industries operating in the Columbia River Basin that affect or could affect water quality; (vi) electric, water, and wastewater utilities operating in the Columba River Basin; (vii) private landowners in the Columbia River Basin; (viii) soil and water conservation districts in the Columbia River Basin; (ix) nongovernmental organizations that have a presence in the Columbia River Basin; (x) the general public in the Columbia River Basin; and (xi) the Estuary Partnership. (3) Geographic representation The Working Group shall include representatives from— (A) each State; and (B) each of the Lower, Middle, and Upper Basins of the Columbia River. (4) Duties and responsibilities The Working Group shall— (A) participate in developing updates to the Action Plan, including by providing comments on the updates; (B) recommend and prioritize projects and actions for the Action Plan; and (C) review the progress and effectiveness of projects and actions implemented, as well as cumulative progress toward the goals of this section, and the Action Plan. (5) Lower Columbia River Estuary (A) Estuary Partnership (i) In general The Estuary Partnership shall perform the duties and fulfill the responsibilities of the Working Group described in paragraph (4) as those duties and responsibilities relate to the Lower Columbia River Estuary for such time as the Estuary Partnership is the management conference for the Lower Columbia River National Estuary Program under section 320. (ii) Designation If the Estuary Partnership ceases to be the management conference for the Lower Columbia River National Estuary Program under section 320, the Administrator may designate the new management conference to assume the duties and responsibilities of the Working Group described in paragraph (4) as those duties and responsibilities relate to the Lower Columbia River Estuary. (B) Estuary plan (i) In general The Estuary Plan shall function as the Action Plan for the Lower Columbia River Estuary for such time as there is an Estuary Plan in place pursuant to section 320. (ii) Incorporation If the Estuary Partnership is removed from the National Estuary Program, the duties and responsibilities for the lower 146 miles of the Columbia River pursuant to this Act shall be incorporated into the duties of the Working Group. (d) Grants (1) In general The Administrator shall establish a voluntary, competitive Columbia River Basin toxics program to provide grants to State governments, tribal governments, regional water pollution control agencies and entities, local government entities, nongovernmental entities, or soil and water conservation districts to develop or implement projects authorized under this section for the purpose of implementing the Action Plan and the Estuary Plan. (2) Federal share (A) In general Except as provided in subparagraph (B), the Federal share of the cost of any project or activity carried out using funds from a grant provided to any person (including a State, tribal, or local government or interstate or regional agency) under this subsection for a fiscal year— (i) shall not exceed 75 percent of the total cost of the project or activity; and (ii) shall be made on condition that the non-Federal share of that total cost shall be provided from non-Federal sources. (B) Exceptions With respect to cost-sharing for a grant provided under this subsection— (i) a tribal government may use Federal funds for the non-Federal share; and (ii) the Administrator may increase the Federal share under such circumstances as the Administrator determines to be appropriate. (3) Allocation In making grants using funds appropriated to carry out this section, the Administrator shall— (A) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Lower Columbia River Estuary; (B) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Middle and Upper Columbia River Basin, which includes the Snake River Basin; and (C) retain for Environmental Protection Agency not more than 5 percent of the funds for purposes of implementing this section. (4) Reporting (A) In general Each grant recipient under this subsection shall submit to the Administrator reports on progress being made in achieving the purposes of this section. (B) Requirements The Administrator shall establish requirements and timelines for recipients of grants under this section to report on progress made in achieving the purposes of this section and the goals of the Action Plan and the Estuary Plan. (5) Relationship to other funding (A) In general Nothing in this section limits the eligibility of the Estuary Partnership to receive funding under section 320(g). (B) Limitation None of the funds made available under this subsection may be used for the administration of a management conference under section 320. (e) Annual budget plan The President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, shall submit information regarding each Federal agency involved in protection and restoration of the Columbia River Basin, including an interagency crosscut budget that displays for each Federal agency— (1) the amounts obligated for the preceding fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin; (2) the estimated budget for the current fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin; and (3) the proposed budget for protection and restoration projects, programs, and studies relating to the Columbia River Basin. (f) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $50,000,000 for each of fiscal years 2015 through 2020, to remain available until expended. .

Columbia River Basin Restoration Act of 2014

Domestic Violence Gun Homicide Prevention Act of 2014 - Authorizes the Director of the Office of Community Oriented Policing Services of the Department of Justice (DOJ) to make grants to assist eligible states in carrying out policies, procedures, protocols, laws, or regulations relating to the possession or transfer of firearms or ammunition that: impose restrictions and penalties substantially similar to or more comprehensive than those applicable to possession by or transfer to persons subject to a court order for stalking-related offenses against an intimate partner or child or persons convicted of a misdemeanor crime of domestic violence; require the seizure or surrender of all firearms and ammunition from an individual convicted of any crime for which any such restrictions or penalties apply or against whom a court has issued a protection order; require state and local courts to consider, at the initial appearance before a magistrate of any individual arrested for any crime for which such restrictions or penalties apply, if the individual possesses a firearm or ammunition that has been or is likely to be used to threaten, harass, or harm the victim or the victim's child or otherwise pose a danger to them and to issue a protection order prohibitting the possession of any firearm or ammunition and require the surrender or seizure of any firearm or ammunition possessed; give state and local law enforcement the authority to seize a firearm or ammunition when responding to specified domestic violence situations, if there is probable cause to believe such firearm or ammunition is contraband or illegally in the possession of the suspected offender and is likely to be used to threaten, harass, menace, or harm, or to otherwise pose a danger to, the victim or the victim's child; and provide for the safe return of any seized or surrendered firearm or ammunition when such restrictions and penalties no longer apply.

113 S2676 IS: Domestic Violence Gun Homicide Prevention Act of 2014 U.S. Senate 2014-07-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2676 IN THE SENATE OF THE UNITED STATES July 29, 2014 Mr. Blumenthal Mr. Murphy Mr. Schatz Mrs. Gillibrand Mr. Kaine Mr. Levin Mr. Durbin Ms. Warren Committee on the Judiciary A BILL To establish a grant program to encourage States to adopt certain policies and procedures relating to the transfer and possession of firearms. 1. Short title This Act may be cited as the Domestic Violence Gun Homicide Prevention Act of 2014 2. Grant program regarding firearms (a) Grant program (1) Authority to make grants The Director of the Office of Community Oriented Policing Services of the Department of Justice may make grants to eligible States to assist the State in carrying out the policies, procedures, protocols, laws, or regulations described in subsection (b). (2) Eligible State A State shall be eligible to receive grants under this subsection on and after the date on which the Attorney General determines that the State has in effect policies, procedures, protocols, laws, or regulations described in subsection (b). (3) 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 policies, procedures, protocols, laws, or regulations described in subsection (b). (4) 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. (b) State policies and procedures The policies, procedures, protocols, laws, or regulations described in this subsection are policies, procedures, protocols, laws, or regulations relating to the possession or transfer of firearms or ammunition (as those terms are defined in section 921 (1) impose restrictions and penalties substantially similar to or more comprehensive than those described in paragraphs (8) and (9) of subsection (d) and paragraphs (8) and (9) of subsection (g) of section 922 (2) requires the seizure or surrender of all firearms and ammunition from an individual— (A) convicted of any crime for which the restrictions or penalties described in paragraph (1) apply; or (B) against whom any court has issued a protection order, as defined in section 2266(5) (3) require the State and local courts to consider at the initial appearance before a magistrate of any individual arrested for any crime for which the restrictions or penalties described in paragraph (1) apply, if the individual possesses a firearm or ammunition that has been or is likely to be used to threaten, harass, menace, or harm the victim or the victim’s child, or may otherwise pose a danger to the victim or the victim’s child and issue a protection order, as defined in section 2266(5) (4) give State and local law enforcement the authority, consistent with the Constitution of the United States, to seize a firearm or ammunition when responding to domestic violence situations, if there is probable cause to believe— (A) such firearm or ammunition is contraband or illegally in the possession of the suspected offender; and (B) such firearm or ammunition has been or is likely to be used to threaten, harass, menace, or harm the victim or the victim’s child, or may otherwise pose a danger to the victim or the victim’s child; and (5) provide for the safe return of any firearm or ammunition seized or surrendered as described in paragraph (2), (3), or (4)— (A) at such time as— (i) the restrictions and penalties of paragraph (1) no longer apply to such individual; (ii) the protection order described in paragraph (2) or (3) is no longer in force against such individual; or (iii) the firearm or ammunition described in paragraph (4) is determined not to be contraband or illegally in the suspected offender’s possession; and (B) in a manner that does not endanger the safety of persons who were the victim of any crime described in paragraph (1) or suspected crime described in paragraph (4) or who were the persons protected by the protection order described in paragraph (2) or (3). (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.

Domestic Violence Gun Homicide Prevention Act of 2014

Lesser Prairie Chicken Voluntary Recovery Act of 2014 - Removes the Department of the Interior's listing of the lesser prairie chicken as threatened under the Endangered Species Act of 1973. Prohibits further treatment of the species as threatened or endangered before January 31, 2020. Requires Interior to monitor and submit an annual report on progress in the conservation of the lesser prairie chicken under: the Lesser Prairie-Chicken Range-Wide Conservation Plan of the Western Association of Fish and Wildlife Agencies, all related Candidate Conservation Agreements (agreements to voluntarily undertake measures to conserve a covered species), all related Candidate Conservation Agreements With Assurances (agreements to voluntarily undertake measures to conserve a covered species with assurances that additional measures will not be imposed if the species becomes listed in the future), conservation programs administered by the U.S. Fish and Wildlife Service (USFWS), the Bureau of Land Management (BLM), and the Department of Agriculture (USDA), state conservation programs, and private conservation efforts. Prohibits the lesser prairie chicken from being treated as threatened or endangered beginning on January 31, 2020, unless Interior publishes a determination that conservation efforts under the Range-Wide Plan, agreements, programs, and efforts have not achieved the Plan's conservation goals.

113 S2677 IS: Lesser Prairie Chicken Voluntary Recovery Act of 2014 U.S. Senate 2014-07-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2677 IN THE SENATE OF THE UNITED STATES July 29, 2014 Mr. Inhofe Mr. Coburn Mr. Cornyn Mr. Cruz Mr. Moran Mr. Roberts Committee on Environment and Public Works A BILL To reverse the listing by the Secretary of the Interior of the lesser prairie chicken as a threatened species under the Endangered Species Act of 1973, to prevent further consideration of listing of the species as a threatened species or endangered species under that Act pending implementation of the Western Association of Fish and Wildlife Agencies’ Lesser Prairie-Chicken Range-Wide Conservation Plan and other conservation measures, and for other purposes. 1. Short title This Act may be cited as the Lesser Prairie Chicken Voluntary Recovery Act of 2014 2. Implementation of Lesser Prairie-Chicken Range-Wide Conservation Plan and other conservation measures (a) Definitions In this section: (1) Candidate Conservation Agreements The terms Candidate Conservation Agreement Candidate and Conservation Agreement With Assurances (A) the announcement of the Department of the Interior and the Department of Commerce entitled Announcement of Final Policy for Candidate Conservation Agreements with Assurances (B) sections 17.22(d) and 17.32(d) of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act). (2) Range-Wide Plan The term Range-Wide Plan (3) Secretary The term Secretary (b) Prohibition on treatment as threatened or endangered species (1) In general Notwithstanding any prior action by the Secretary, the lesser prairie chicken shall not be treated as a threatened species or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (2) Prohibition on proposal Beginning on January 31, 2020, the lesser prairie chicken may not be treated as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) unless the Secretary publishes a determination, based on the totality of the scientific evidence, that conservation (as that term is used in that Act) under the Range-Wide Plan and the agreements, programs, and efforts referred to in subsection (c) have not achieved the conservation goals established by the Range-Wide Plan. (c) Monitoring of progress of conservation programs The Secretary shall monitor and annually submit to Congress a report on progress in conservation of the lesser prairie chicken under the Range-Wide Plan and all related— (1) Candidate Conservation Agreements and Candidate and Conservation Agreements With Assurances; (2) other Federal conservation programs administered by the United States Fish and Wildlife Service, the Bureau of Land Management, and the Department of Agriculture; (3) State conservation programs; and (4) private conservation efforts.

Lesser Prairie Chicken Voluntary Recovery Act of 2014

American Burying Beetle Relief Act of 2014 - Removes the United States Fish and Wildlife Service's listing of the American burying beetle as an endangered species under the Endangered Species Act. Prohibits the beetle from being listed as a threatened or endangered species.

113 S2678 IS: American Burying Beetle Relief Act of 2014 U.S. Senate 2014-07-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2678 IN THE SENATE OF THE UNITED STATES July 29, 2014 Mr. Inhofe Mr. Coburn Committee on Environment and Public Works A BILL To remove the American burying beetle from the list of endangered species under the Endangered Species Act ( 16 U.S.C. 1531 et seq. 1. Short title This Act may be cited as the American Burying Beetle Relief Act of 2014 2. Findings Congress finds that— (1) in 1989, the United States Fish and Wildlife Service (referred to in this section as the Service (2) in making the decision to list the American burying beetle as an endangered species, the Service— (A) stated that the American burying beetle was once widely distributed throughout eastern North America (B) considered possible factors in the population decline of the American burying beetle, but ultimately concluded that the cause of the species’ decline is unknown (3) as of the date of the decision, there were only 2 known populations of the American burying beetle, 1 located in Eastern Oklahoma and 1 located on an island off the coast of Rhode Island; (4) at that time, the Rhode Island population was estimated to be around 520 American burying beetles and the Oklahoma population to be fewer than 12 American burying beetles; (5) the Service has not completed a range-wide population survey of the American burying beetle since 1985; (6) in 1991, the Service published a recovery plan for the American burying beetle, with the objective of protecting and maintaining the extant population in Rhode Island and the populations in Oklahoma; (7) in order to reconsider the listing status of the American burying beetle, the Service is required to identify 3 populations of American burying beetle that have been reestablished (or additional populations discovered) within each of 4 broad geographical areas of the historical range of the American burying beetle; (8) the Service has identified these 4 geographical areas as— (A) the Midwest region, including Oklahoma and most States between Texas, Louisiana, and Montana; (B) the Great Lakes region; (C) the Southeast region; and (D) the Northeast region, including Rhode Island; (9) in 2008, the Service performed the first 5-year review of the American burying beetle, which— (A) determined that— (i) the criteria for reconsidering the listing of the American burying beetle had been met in the Midwest region, where additional occurrences of the American burying beetle have been discovered (ii) that, as a consequence, the total number of American burying beetle in this recovery area is believed to greatly exceed the numerical target (B) stated that although one of four geographic recovery areas for the American burying beetle has met the criteria for reclassification, the species presumably remains extirpated in most of its historic range (C) concluded that the American burying beetle should remain listed as an endangered species; (10) as of the date of enactment of this Act— (A) the population of the American burying beetle in Nebraska is estimated to contain over 3,000 American burying beetles, making that one of the largest known populations, although at the time the American burying beetle was listed in 1989 none were known to live in Nebraska; (B) the population of the American burying beetle in Oklahoma has grown dramatically from the population numbers in 1989 when the American burying beetle was listed as an endangered species and is believed to be well into the thousands; (C) the Service believes that the American burying beetle exists in 45 of the 77 counties in Oklahoma, although at the time the Service listed the American burying beetle as endangered in 1989, only 4 counties in Oklahoma had a known American burying beetle population; (D) Oklahoma State officials are concerned about the lack of mitigation options available to developers relating to the American burying beetle; and (E) Oklahoma Department of Wildlife Conservation Director Richard Hatcher has not received a response to the request submitted to the Service on April 15, 2013, which asked— (i) for an update to the recovery plan for the American burying beetle; and (ii) that the process of delisting the American burying beetle begin; (11) Service documents published close to the date of enactment of this Act list the States of Arkansas, Kansas, Massachusetts, Missouri, Nebraska, Ohio, Oklahoma, Rhode Island, South Dakota, and Texas as having an American burying beetle population; (12) the history of the process of the gray wolf being delisted as an endangered species, first in some areas of the United States and then entirely, provides an example that could be used to delist the American burying beetle in the Midwest region; (13) important points in the history of the gray wolf being delisted include that— (A) in 2011, the Service decided to remove the gray wolf from the endangered species list in the States of Idaho, Montana, Utah, Washington, and parts of Oregon while leaving the species listed in Wyoming; (B) this partial delisting was due to the healthy population levels present in those States at that time; and (C) less than 2 years later, in 2013, the delisting was extended to Wyoming, and the gray wolf was no longer listed as endangered under the Endangered Species Act (16 U.S.C. 1531 et seq.); (14) there is support for the American burying beetle being completely delisted, because— (A) beginning in 2007, the Service promulgated an official policy stating that when the Service evaluates the probability of a species being lost to extinction across the range of that species, the Service does so within the known existing range of that species, not a hypothetical historic range of that species; (B) using the policy described in subparagraph (A), if the American burying beetle were reconsidered as a candidate for being listed as an endangered species under the Endangered Species Act ( 16 U.S.C. 1531 et seq. (C) the historic range of the American burying beetle, described by the Service as being ubiquitous (15) there is a lack of information about the extent of the American burying beetle population as of the date of enactment of this Act, although the population appears to have expanded since the American burying beetle was originally listed as an endangered species; (16) it is not clear whether the increased population count of the American burying beetle is due to the scientific community being more apt at locating these insects or whether the population has actually increased; and (17) it is clear the American burying beetle has proven much more resilient than the Service originally believed, rendering the decision of the Service to list the American burying beetle as an endangered species under the Endangered Species Act ( 16 U.S.C. 1531 et seq. 3. Removal of Endangered Species Status Notwithstanding the final rule of the United States Fish and Wildlife Service entitled Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the American Burying Beetle

American Burying Beetle Relief Act of 2014

Superfund Polluter Pays Restoration Act of 2014 - Amends the Internal Revenue Code to: (1) reinstate the Hazardous Substance Superfund financing rate beginning 60 days after enactment of this Act; (2) increase such rate from 9.7 cents to 15.8 cents per barrel of crude oil; (3) adjust for inflation in taxable years beginning after 2014 the $3.5 billion Superfund threshold after which no tax is imposed; (4) reinstate and increase the rates of tax on taxable chemicals; (5) modify the definition of "crude oil" to include any bitumen or bituminous mixture, any oil derived from such mixture (including oil derived from tar sands), and any oil derived form kerogen-bearing sources (including oil derived from oil shale); and (6) allow the use of the Superfund for environmental remediation without further appropriation.

113 S2679 IS: Superfund Polluter Pays Restoration Act of 2014 U.S. Senate 2014-07-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2679 IN THE SENATE OF THE UNITED STATES July 29, 2014 Mr. Booker Mr. Menendez Mrs. Boxer Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to reinstate the financing for the Hazardous Substance Superfund, and for other purposes. 1. Short title This Act may be cited as the Superfund Polluter Pays Restoration Act of 2014 2. Extension and modification of Superfund excise taxes (a) Extension Subsection (e) of section 4611 (e) Application of hazardous substance superfund financing rate The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date that is 60 days after the date of the enactment of the Superfund Polluter Pays Restoration Act of 2014 . (b) Modification of Hazardous Substance Superfund financing rate (1) In general Section 4611(c)(2)(A) of such Code is amended by striking 9.7 cents 15.8 cents (2) Inflation adjustment Section 4611(c) of such Code is amended by adding at the end the following new paragraph: (3) Adjustment for inflation (A) In general In the case of any taxable year beginning after December 31, 2014, the amount under paragraph (2)(A) shall be increased by an amount equal to— (i) such amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting calendar year 2013 calendar year 1992 (B) Rounding If any increase determined under this paragraph is not a multiple of 0.1 cents, such increase shall be rounded to the next lowest multiple of 0.1 cents. . (c) Modification of rate of tax on certain chemicals Section 4661(b) of the Internal Revenue Code of 1986 is amended to read as follows: (b) Amount of tax (1) In general The amount of tax imposed by subsection (a) shall be determined in accordance with the following table: In the case of: The tax is the following amount per ton: Acetylene $11.00 Benzene 11.00 Butane 11.00 Butylene 11.00 Butadiene 11.00 Ethylene 11.00 Methane 7.77 Napthalene 11.00 Propylene 11.00 Toluene 11.00 Xylene 11.00 Ammonia 5.96 Antimony 10.05 Antimony trioxide 8.47 Arsenic 10.05 Arsenic trioxide 7.70 Barium sulfide 5.19 Bromine 10.05 Cadmium 10.05 Chlorine 6.10 Chromium 10.05 Chromite 3.43 Potassium dichromate 3.82 Sodium dichromate 4.22 Cobalt 10.05 Cupric sulfate 4.22 Cupric oxide 8.11 Cuprous oxide 8.96 Hydrochloric acid 0.65 Hydrogen fluoride 9.55 Lead oxide 9.35 Mercury 10.05 Nickel 10.05 Phosphorus 10.05 Stannous chloride 6.43 Stannic chloride 4.79 Zinc chloride 5.01 Zinc sulfate 4.29 Potassium hydroxide 0.50 Sodium hydroxide 0.63 Sulfuric acid 0.59 Nitric acid 0.54. (2) Adjustment for inflation (A) In general In the case of any taxable year beginning after December 31, 2014, each of the dollar amounts in the table in paragraph (1) shall be increased by an amount equal to— (i) such amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting calendar year 2013 calendar year 1992 (B) Rounding If any increase determined under this paragraph is not a multiple of $0.01, such increase shall be rounded to the next lowest multiple of $0.01. . (d) Effective date The amendments made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act. 3. Clarification of definition of crude oil for excise tax purposes (a) Definition of crude oil Paragraph (1) of section 4612(a) (1) Crude oil The term crude oil . (b) Effective date The amendment made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act. 4. Use of Hazardous Substance Superfund for cleanup (a) Availability of amounts Section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9611 (1) in subsection (a) by striking For the purposes specified for the following purposes: The amount in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to be used for the purposes specified in this section. The President shall use such amount for the following purposes: (2) in subsection (c)— (A) by striking Subject to such amounts as are provided in appropriations Acts, the The (B) in paragraph (12) by striking to the extent that such costs and 1994 (b) Amendment to the Internal Revenue Code Section 9507 (1) in subsection (c)(1)— (A) by striking , as provided in appropriations Acts, (B) by striking the Superfund Amendments and Reauthorization Act of 1986 the Superfund Polluter Pays Restoration Act of 2014 (2) in subsection (d)(3), by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B).

Superfund Polluter Pays Restoration Act of 2014

Buy it in America Act - Directs the Secretary of Commerce to establish the America Star Program as a voluntary program under which manufacturers may have products certified as meeting the standards of a label (i.e., America Star label) that indicates to consumers the extent to which such products are manufactured in the United States. Amends the Internal Revenue Code to: (1) allow a new tax credit (angel investment tax credit) for up to 25% of equity investment in a small business entity that is located in the United States and engages in a qualified high technology trade or business; (2) make permanent the 100% exclusion from gross income of gain from the sale or exchange of qualified small business stock; and (3) establish tax-exempt small business startup savings accounts to make distributions for small business operating capital, the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees.

113 S2680 IS: Buy it in America Act U.S. Senate 2014-07-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2680 IN THE SENATE OF THE UNITED STATES July 29, 2014 Mr. Pryor Mr. Walsh Committee on Finance A BILL To direct the Secretary of Commerce to establish a voluntary program under which manufacturers may have products certified as meeting the standards of labels that indicate to consumers the extent to which the products are manufactured in the United States, to amend the Internal Revenue Code of 1986 to allow a credit against income tax for equity investments in small business concerns, to establish small business savings accounts, and for other purposes. 1. Short title This Act may be cited as the Buy it in America Act 2. America Star Program (a) In general The Secretary of Commerce shall establish a voluntary program, to be known as the America Star Program (b) Establishment of labels (1) In general Not later than 2 years after the date of the enactment of this Act, the Secretary shall, by rule— (A) design America Star labels that are consistent with public perceptions of the meaning of descriptions of the extent to which a product is manufactured in the United States; and (B) specify the standards that a product shall meet in order to bear a particular America Star label. (c) Certification of products (1) Application procedures A manufacturer that wishes to have a product certified as meeting the standards of an America Star label may apply to the Secretary for certification in accordance with such procedures as the Secretary shall establish by rule. (2) Action by Secretary Not later than such time after receiving an application for certification under paragraph (1) as the Secretary determines reasonable by rule, the Secretary shall— (A) determine whether the product described in the application meets the standards of the requested America Star label; (B) if the product meets such standards, certify the product; and (C) notify the manufacturer of the determination and whether the product has been certified. (d) Monitoring; withdrawal of certification (1) Monitoring The Secretary shall conduct such monitoring and compliance review as the Secretary considers necessary— (A) to detect violations of subsection (f); and (B) to ensure that products certified as meeting the standards of America Star labels continue to meet such standards. (2) Withdrawal of certification (A) On initiative of secretary If the Secretary determines that a product certified as meeting the standards of an America Star label no longer meets such standards, the Secretary shall— (i) notify the manufacturer of the determination and any corrective action that would enable the product to meet such standards; and (ii) if the manufacturer does not take such action within such time after receiving notification under clause (i) as the Secretary determines reasonable by rule, the Secretary shall withdraw the certification of the product and notify the manufacturer of the withdrawal. (B) At request of manufacturer At the request of the manufacturer of a product, the Secretary shall withdraw the certification of the product and notify the manufacturer of the withdrawal. (e) Consultation (1) Required consultation with Federal Trade Commission In establishing America Star labels and operating the America Star Program, the Secretary shall consult with the Federal Trade Commission to ensure consistency with the requirements enforced by the Commission with respect to representations of the extent to which products are manufactured in the United States. (2) Sense of Congress on consultation with private-sector companies It is the sense of Congress that, in establishing America Star labels and operating the America Star Program, the Secretary should consult with private-sector companies that have developed labeling programs to verify or certify to consumers the extent to which products are manufactured in the United States. (f) Prohibited conduct Unless a certification by the Secretary that a product meets the standards of an America Star label is in effect, a person may not— (1) place such label on such product; (2) use such label in any marketing materials for such product; or (3) in any other way represent that such product meets, or is certified as meeting, the standards of such label. (g) Enforcement (1) Enforcement by Federal Trade Commission (A) Referral The Secretary may refer to the Federal Trade Commission any person who the Secretary determines has violated subsection (f). (B) Unfair or deceptive act or practice A violation of subsection (f) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (C) Powers of Commission The Federal Trade Commission shall enforce subsection (f) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (2) Ineligibility (A) In general Except as provided in subparagraph (C), if the Secretary determines that a manufacturer— (i) has made a false statement to the Secretary in connection with the America Star Program; (ii) knowing, or having reason to know, that a product does not meet the standards of an America Star label— (I) has placed such label on such product; (II) has used such label in any marketing materials for such product; or (III) in any other way has represented that such product meets or is certified as meeting the standards of such label; or (iii) has otherwise violated the purposes of the America Star Program; the Secretary may not, for a period of 5 years after the conduct described in clause (i), (ii), or (iii), certify the product to which such conduct relates as meeting the standards of an America Star label. (B) Effect on existing certification In the case of a product with respect to which, at the time of the determination of the Secretary under subparagraph (A), there is in effect a certification by the Secretary that the product meets the standards of an America Star label— (i) if the product continues to meet such standards, the Secretary may either withdraw the certification or allow the certification to continue in effect, as the Secretary considers appropriate; and (ii) if the product no longer meets such standards, the Secretary shall withdraw the certification. (C) Waiver Notwithstanding subparagraph (A), the Secretary may waive or reduce the period referred to in such subparagraph if the Secretary determines that the waiver or reduction is in the best interests of the America Star Program. (h) Administrative appeal (1) Expedited appeals procedure The Secretary shall establish an expedited administrative appeals procedure under which persons may appeal an action of the Secretary under this section that— (A) adversely affects such person; or (B) is inconsistent with the America Star Program. (2) Appeal of final decision A final decision of the Secretary under paragraph (1) may be appealed to the United States district court for the district in which the person is located. (i) Offsetting collections (1) In general The Secretary may collect reasonable fees from— (A) manufacturers that apply for certification of products as meeting the standards of America Star labels; and (B) manufacturers of products for which such certifications are in effect. (2) Account The fees collected under paragraph (1) shall be credited to the account that incurs the cost of the certification services provided under this section. (3) Use The fees collected under paragraph (1) shall be available to the Secretary, without further appropriation or fiscal-year limitation, to pay the expenses of the Secretary incurred in providing certification services under this section. (j) Definitions In this section: (1) America star label The term America Star label (2) America star program The term America Star Program (3) Secretary The term Secretary 3. Angel investment tax credit (a) In general Subpart B of part IV of subchapter A of chapter 1 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) Qualified equity investment For purposes of this section— (1) In general The term qualified equity investment (A) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, and (B) such investment is designated for purposes of this section by the qualified small 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. (c) Qualified small business entity For purposes of this section— (1) In general The term qualified small business entity (A) is a small business (as defined in section 41(b)(3)(D)(iii)), (B) has its headquarters as the principal place of business in the United States, (C) is principally engaged in a qualified high technology trade or business, (D) has been in operation in the United States for not more than 10 consecutive years as of the date of the qualified equity investment, (E) employs less than 100 full-time equivalent employees as defined in section 45R(d)(2)(A) as of the date of such investment, (F) 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, (G) at least 80 percent (by value) of the assets of such corporation or partnership are used by such corporation or partnership in the active conduct of 1 or more qualified high technology trades or businesses, and (H) has equity investments designated for purposes of this paragraph. (2) Determination of use of assets (A) In general For purposes of paragraph (1)(G), assets used in activities described in subparagraph (B) shall be treated as used in the active conduct of a qualified high technology trade or business. Any determination under this subparagraph shall be made without regard to whether a corporation or partnership has any gross income from such activities at the time of the determination. (B) Activities An activity is described in this section if such activity is in connection with a future qualified high technology trade or business and such activity is— (i) a start-up activity described in section 195(c)(1)(A), or (ii) an activity resulting in the payment or incurring of qualified research expenses (as defined in section 41(b)). (3) Designation of equity investments For purposes of paragraph (1)(H), 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 qualified equity investments in a qualified small business entity exceeds— (A) $10,000,000, taking into account the total amount of all qualified equity investments made by all taxpayers for the taxable year and all preceding taxable years, (B) $2,000,000, taking into account the total amount of all qualified equity investments made by all taxpayers for such taxable year, and (C) $1,000,000, taking into account the total amount of all qualified equity investments made by the taxpayer for such taxable year. (4) Qualified high technology trade or business For purposes of this section, the term qualified high technology trade or business (A) advanced materials, nanotechnology, or precision manufacturing, (B) aerospace, aeronautics, or defense, (C) biotechnology or pharmaceuticals, (D) electronics, semiconductors, software, or computer technology, (E) energy, environment, or clean technologies, (F) forest products or agricultural sciences, (G) information technology, communication technology, digital media, opto-electronics or photonics, (H) life sciences or medical sciences, (I) marine technology or aquaculture, (J) manufacturing, processing, or assembling innovative technology products, (K) transportation, or (L) any other high technology trade or business as determined by the Secretary. (d) Qualified investor For purposes of this section— (1) In general The term qualified investor (2) Investor network The term investor network (3) Investor fund (A) In general The term investor fund (B) Allocation of credit (i) In general Except as provided in clause (ii), the credit allowed under subsection (a) shall be allocated to the shareholders or partners of the investor fund in proportion to their ownership interest or as specified in the fund's organizational documents. (ii) Single member limited liability company If the investor fund is a single member limited liability company that is disregarded as an entity separate from its owner, the credit allowed under subsection (a) may be claimed by such limited liability company's owner, if such owner is a person subject to the tax under this title. (4) Exclusion The term qualified investor (A) a person controlling at least 50 percent of the qualified small business entity, (B) an employee of such entity, or (C) any bank, bank and trust company, insurance company, trust company, national bank, savings association or building and loan association for activities that are a part of its normal course of business. (e) National limitation on amount of investments designated (1) In general There is an angel investment tax credit limitation of $100,000,000 for each year of the investment period. (2) Investment period The investment period is calendar years 2015 through 2019. (3) Allocation of limitation The limitation under paragraph (1) shall be allocated by the Secretary among qualified small business entities selected by the Secretary. (4) Carryover of unused limitation If the angel investment tax credit limitation for any calendar year exceeds the aggregate amount allocated under paragraph (3) 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. (f) 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. (g) 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 the relationship between such persons would result in the disallowance of losses under section 267 or 707(b). (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). (h) Regulations For purposes of this section— (1) In general Not later than 180 days after the date of enactment of this section, the Secretary shall prescribe regulations to— (A) certify qualified small business entities, (B) prevent the abuse of the purposes of this section, (C) impose appropriate reporting requirements and metric for measuring the effectiveness of the tax credit, including the impact of the tax credit on domestic job creation, and (D) apply the provisions of this section to newly formed entities. (2) Certification and selection criteria The regulations for certifying qualified small business entities shall require the following: (A) Certification (i) Application for tax credit Each applicant for certification as a qualified small business entity shall submit an application containing such information as the Secretary may require. (ii) Time to meet criteria for certification Each applicant for certification shall have 1 year from the date of acceptance by the Secretary of the application during which to provide to the Secretary evidence that the requirements of the certification have been met. (B) Selection criteria In determining which applicants to certify under this paragraph, the Secretary— (i) shall take into consideration only those applicants where there is a reasonable expectation of commercial viability, and (ii) shall take into consideration which applicants— (I) will provide the greatest domestic job creation (both direct and indirect) during the tax credit period, and (II) have the greatest potential for technological innovation and commercial deployment. . (b) Credit made part of general business credit Subsection (b) of section 38 plus , plus (37) the portion of the angel investment tax credit to which section 30E(f)(1) applies. . (c) Conforming amendments Section 1016(a) and , and (38) to the extent provided in section 30E(g)(2). . (d) Clerical amendment The table of sections for 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 item: Sec. 30E. Angel investment tax credit. . (e) Effective date The amendments made by this section shall apply to investments made after December 31, 2013, in taxable years ending after such date. (f) GAO report Not later than two years after the date of enactment of this Act, the Comptroller General of the United States, pursuant to an audit of the angel investment tax credit program established under section 30E (1) the implementation of the regulations promulgated by the Secretary, (2) the amount of tax credits allocated to qualified small business entities in the prior year, and (3) the effectiveness of the tax credit in increasing domestic job creation by the qualified small businesses that receive the tax credit. 4. Permanent full exclusion applicable to qualified small business stock (a) In general Paragraph (4) of section 1202(a) and before January 1, 2014 (b) Conforming amendments (1) Section 1202(a) of such Code, as amended by subsection (a), is amended by striking paragraphs (2) and (3) and by redesignating paragraph (4) as paragraph (2). (2) Section 1202(a)(2) of such Code, as redesignated by paragraph (1), is amended by adding and (3) Section 1223(13) of such Code is amended by striking 1202(a)(2), (4) The heading for section 1202 of such Code is amended by striking Partial exclusion for gain Exclusion of certain gain (5) The item relating to section 1202 in the table of sections for part I of subchapter P of chapter 1 of such Code is amended by striking Partial exclusion for gain Exclusion of certain gain (c) Effective date The amendments made by this section apply to stock acquired after December 31, 2013. 5. Establishment of small business startup savings accounts (a) In general Subpart A of part I of subchapter D of chapter 1 408B. Small business startup savings accounts (a) General rule Except as provided in this section, a Small Business Startup Savings Account shall be treated for purposes of this title in the same manner as an individual retirement plan. (b) Small business startup savings account For purposes of this title, the term Small Business Startup Savings Account (c) Treatment of contributions (1) No deduction allowed No deduction shall be allowed under section 219 for a contribution to a Small Business Startup Savings Account. (2) Contribution limit (A) In general The aggregate amount of contributions for any taxable year to all Small Business Startup Savings Accounts maintained for the benefit of an individual shall not exceed $10,000. (B) Aggregate limitation The aggregate of the amounts which may be taken into account under subparagraph (A) for all taxable years with respect to all Small Business Startup Savings Accounts maintained for the benefit of an individual shall not exceed $150,000. (C) Cost-of-living adjustment The Secretary shall adjust annually the $10,000 amount in subparagraph (A) for increases in the cost-of-living at the same time and in the same manner as adjustments under section 415(d); except that the base period shall be the calendar quarter beginning July 1, 2014, and any increase which is not a multiple of $500 shall be rounded to the next lowest multiple of $500. (3) Contributions permitted after age 70 ½ Contributions to a Small Business Startup Savings Account may be made even after the individual for whom the account is maintained has attained age 70 ½ (4) Rollovers from retirement plans not allowed A taxpayer shall not be allowed to make a qualified rollover contribution to a Small Business Startup Savings Account from any qualified retirement plan (as defined in section 4974(c)). (d) Distribution rules For purposes of this title— (1) Qualified distributions (A) In general Any qualified distribution from a Small Business Startup Savings Account shall not be includible in gross income. (B) Qualified distribution defined For purposes of this subsection, the term qualified distribution (C) Limitations on qualified distributions All qualified distributions from a Small Business Startup Savings Account— (i) shall be limited to a single business, and (ii) must be disbursed not later than the last day of the 5th taxable year beginning after the initial disbursement. (2) Nonqualified distributions (A) In general In applying section 72 to any distribution from a Small Business Startup Savings Account which is not a qualified distribution, such distribution shall be treated as made from contributions to the Small Business Startup Savings Account to the extent that such distribution, when added to all previous distributions from the Small Business Startup Savings Account, does not exceed the aggregate amount of contributions to the Small Business Startup Savings Account. (B) Treatment of amounts remaining in account Any remaining amount in a Small Business Startup Savings Account following the date described in paragraph (1)(A)(ii) shall be treated as distributed during the taxable year following such date and such distribution shall not be treated as a qualified distribution. . (b) Excess contributions Section 4973 (h) Excess contributions to small business startup savings accounts For purposes of this section, in the case of contributions to all Small Business Startup Savings Accounts (within the meaning of section 408B(b)) maintained for the benefit of an individual, the term excess contributions (1) the excess (if any) of— (A) the amount contributed to such accounts for the taxable year, over (B) the amount allowable as a contribution under section 408B(c)(2) for such taxable year, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the accounts for the taxable year, and (B) the excess (if any) of— (i) the maximum amount allowable as a contribution under section 408B(c)(2) for such taxable year, over (ii) the amount contributed to such accounts for such taxable year. . (c) Conforming amendment The table of sections for subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 408A the following new item: Sec. 408B. Small Business Startup Savings Accounts. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

Buy it in America Act

Keeping Jobs in America Act - Directs the Secretary of Commerce to establish a program to award grants to states that are recruiting high-value jobs (e.g., manufacturing, software publishing, and computer system design jobs that pay a higher than average wage). Allows the use of grants to issue forgivable loans to entities that employ not fewer than 50 full-time employees in high-value jobs and that are deciding whether to locate in rural and distressed areas. 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. Extends through 2017 the additional allowance for depreciation of business property (bonus depreciation) and the election to accelerate the alternative minimum tax credit in lieu of bonus depreciation. Makes permanent: (1) the increased $500,000 expensing allowance for depreciable business property and qualified real property, and (2) the new markets tax credit.

113 S2681 IS: Keeping Jobs in America Act U.S. Senate 2014-07-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2681 IN THE SENATE OF THE UNITED STATES July 29, 2014 Mr. Pryor Mr. Walsh Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide incentives for businesses to keep jobs in the United States. 1. Short title This Act may be cited as the Keeping Jobs in America Act 2. Inbound investment program to recruit jobs to the United States (a) Definitions In this section: (1) Distressed The term distressed (A) is included in the most recent classification of labor surplus areas by the Secretary of Labor; and (B) has an unemployment rate equal to or greater than 110 percent of the unemployment rate of the United States. (2) Eligible entity The term eligible entity (3) Eligible facility The term eligible facility (A) an eligible entity employs not fewer than 50 full-time equivalent employees in high-value jobs; (B) with respect to a rural or distressed area, the mean of the wages provided by the eligible entity to individuals employed at such facility is greater than the mean wage for the county in which the rural or distressed area is located; and (C) derives at least the majority of its revenues from— (i) goods production; or (ii) providing product design, engineering, marketing, or information technology services. (4) High-value job defined The term high-value job (A) exists within an eligible facility; and (B) has a North American Industrial Classification that corresponds with manufacturing, software publishers, computer systems design, or related codes, and is higher than the mean hourly wage in the country. (5) Rural The term rural (A) a city or town that has a population of greater than 50,000 inhabitants; or (B) an urbanized area contiguous and adjacent to a city or town described in subparagraph (A). (b) Program required Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall establish a program to award grants to States that are recruiting high-value jobs. Grants awarded under this section may be used to issue forgivable loans to eligible entities that are deciding whether to locate eligible facilities in the United States to assist such entities in locating such facilities in rural or distressed areas. (c) Federal grants to States (1) In general The Secretary shall carry out the program through the award of grants to States to provide loans and loan guarantees described in subsection (d). (2) Application (A) In general A State seeking a grant under the program shall submit an application to the Secretary in such manner and containing such information as the Secretary may require. Once the program is operational, any State may apply for a grant on an ongoing basis, until funds are exhausted. The Secretary may also establish a process for pre-clearing applications from States. The Secretary shall notify all States of this grant opportunity once the program is operational. All information about the program and the State application process must be online and must be in a format that is easily understood and is widely accessible. (B) Elements Each application submitted by a State under subparagraph (A) shall include— (i) a description of the eligible entity the State proposes to assist in locating an eligible facility in a rural or distressed area of the State; (ii) a description of such facility, including the number of high-value jobs relating to such facility; (iii) a description of such rural or distressed area; (iv) a description of the resources of the State that the State has committed to assisting such corporation in locating such facility, including tax incentives provided, bonding authority exercised, and land granted; and (v) such other elements as the Secretary considers appropriate. (C) Notice As soon as practicable after establishing the program under subsection (b), the Secretary shall notify all States of the grants available under the program and the process for applying for such grants. (D) Online submission of applications The Secretary shall establish a mechanism for the electronic submission of applications under subparagraph (A). Such mechanism shall utilize an Internet website and all information on such website shall be in a format that is easily understood and widely accessible. (E) Confidentiality The Secretary may not make public any information submitted by a State to the Secretary under this paragraph regarding the efforts of such State to assist an eligible entity in locating an eligible facility in such State without the express consent of the State. (3) Selection The Secretary shall award grants under the program on a competitive basis to States that— (A) the Secretary determines are most likely to succeed with a grant under the program in assisting an eligible entity in locating an eligible facility in a rural or distressed area; (B) if successful in assisting an eligible entity as described in subparagraph (A), will create the greatest number of high-value jobs in rural or distressed areas; (C) have committed significant resources, to the extent of their ability as determined by the Secretary, to assisting eligible entities in locating eligible facilities in a rural or distressed areas; or (D) meet such other criteria as the Secretary considers appropriate, including criteria relating to marketing plans, benefits to ongoing regional or State strategies for economic development, and job growth. (4) Limitation on competition between states The Secretary may not award a grant to a State under the program to assist an eligible entity— (A) in locating an eligible facility in such State if another State is already seeking to assist such eligible entity in locating such eligible facility in such other State; or (B) from relocating an eligible facility from one State to another State. (5) Availability of grant amounts For each grant awarded to a State under the program, the Secretary shall make available to such State the amount of such grant not later than 30 days after the date on which the Secretary awarded the grant. The total amount of grants awarded under this program may not exceed $100,000,000. (d) Loans and loan guarantees from States to corporations (1) In general Amounts received by a State under the program shall be used to provide assistance to an eligible entity to locate an eligible facility in a rural or distressed area of the State. (2) Loans and loan guarantees A State receiving a grant under the program may provide assistance under paragraph (1) in the form of— (A) a single loan to a single eligible entity as described in paragraph (1) to cover the costs incurred by the eligible entity in locating the eligible facility as described in such paragraph; or (B) a single loan guarantee to a financial institution making a single loan to a single eligible entity as described in paragraph (1) to cover the costs incurred by the eligible entity in locating the eligible facility as described in such paragraph. (3) Terms and conditions Each loan or loan guarantee provided under paragraph (2) shall have a term of 5 years and shall bear interest at rates equal to the Federal long-term rate under section 1274(d)(1)(C) (4) Amount The amount of a loan or loan guarantee issued to an eligible entity under the program for the location of an eligible facility shall be an amount equal to not more than $5,000 per full-time equivalent employee to be employed at such facility. (5) Repayment Repayment of a loan issued by a State to an eligible entity under the program shall be repaid in accordance with such schedule as the State shall establish in accordance with such rules as the Secretary shall prescribe for purposes of the program. Such rules shall provide for the following: (A) Forgiveness of all or a portion of the loan, the amount of such forgiveness depending upon the following: (i) The performance of the borrower. (ii) The number or quality of the jobs at the facility located under the program. (B) Repayment of principal or interest, if any, at the end of the term of the loan. (e) Assessment and recommendations (1) Ongoing assessment The Secretary shall conduct an ongoing assessment of the program. (2) Recommendations The Secretary may submit to Congress recommendations for such legislative action as the Secretary considers appropriate to improve the program, including with respect to any findings of the Secretary derived by comparing the program established under subsection (b) with the programs and policies of governments of other countries used to recruit high-value jobs. 3. 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) 4. 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. 5. Extension of bonus depreciation (a) In general Paragraph (2) of section 168(k) (1) by striking January 1, 2015 January 1, 2019 (2) by striking January 1, 2014 January 1, 2018 (b) Special rule for Federal long-Term contracts Clause (ii) of section 460(c)(6)(B) of such Code is amended by striking January 1, 2014 (January 1, 2015 January 1, 2018 (January 1, 2019 (c) Extension of election To accelerate the AMT credit in lieu of bonus depreciation (1) In general Subclause (II) of section 168(k)(4)(D)(iii) of such Code is amended by striking 2014 2018 (2) Round 4 extension property Paragraph (4) of section 168(k) of such Code is amended by adding at the end the following new subparagraph: (K) Special rules for round 4 extension property (i) In general In the case of round 4 extension property, in applying this paragraph to any taxpayer— (I) the limitation described in subparagraph (B)(i) and the business credit increase amount under subparagraph (E)(iii) thereof shall not apply, and (II) the bonus depreciation amount, maximum amount, and maximum increase amount shall be computed separately from amounts computed with respect to eligible qualified property which is not round 4 extension property. (ii) Election (I) A taxpayer who has an election in effect under this paragraph for round 3 extension property shall be treated as having an election in effect for round 4 extension property unless the taxpayer elects to not have this paragraph apply to round 4 extension property. (II) A taxpayer who does not have an election in effect under this paragraph for round 3 extension property may elect to have this paragraph apply to round 4 extension property. (iii) Round 4 extension property For purposes of this subparagraph, the term round 4 extension property Keeping Jobs in America Act . (d) Conforming amendments (1) The heading for subsection (k) of section 168 of such Code is amended by striking January 1, 2014 January 1, 2018 (2) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking pre-January 1, 2014 pre-January 1, 2018 (3) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking January 1, 2014 January 1, 2018 (4) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking January 1, 2014 January 1, 2018 (5) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking January 1, 2014 January 1, 2018 (e) Technical amendment relating to section 331 of the American Taxpayer Relief Act of 2012 (1) In general Clause (iii) of section 168(k)(4)(J) of such Code is amended by striking any taxable year its first taxable year (2) Effective date The amendment made by this subsection shall take effect as if included in the provision of the American Taxpayer Relief Act of 2012 to which it relates. (f) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2013, in taxable years ending after such date. 6. Increased expensing limitations and treatment of certain real property as section 179 property (a) In general (1) Dollar limitation Paragraph (1) of section 179(b) shall not exceed— shall not exceed $500,000. (2) Reduction in limitation Paragraph (2) of section 179(b) of such Code is amended by striking exceeds— exceeds $2,000,000. (b) Computer software Clause (ii) of section 179(d)(1)(A) of such Code is amended by striking , to which section 167 applies, and which is placed in service in a taxable year beginning after 2002 and before 2014 and to which section 167 applies (c) Election Paragraph (2) of section 179(c) of such Code is amended— (1) by striking may not be revoked and before 2014 (2) by striking irrevocable (d) Air conditioning and heating units Paragraph (1) of section 179(d) of such Code is amended by striking and shall not include air conditioning or heating units (e) Qualified real property Subsection (f) of section 179 of such Code is amended— (1) by striking beginning in 2010, 2011, 2012, or 2013 (2) by striking paragraphs (3) and (4). (f) Inflation adjustment Subsection (b) of section 179 of such Code is amended by adding at the end the following new paragraph: (6) Inflation adjustment (A) In general In the case of any taxable year beginning after 2014, the dollar amounts in paragraphs (1) and (2) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(c)(2)(A) for such calendar year, determined by substituting calendar year 2013 for calendar year 2012 in clause (ii) thereof. (B) Rounding The amount of any increase under subparagraph (A) shall be rounded to the nearest multiple of $10,000. . (g) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 7. Permanent extension of new markets tax credit (a) Extension (1) In general Subparagraph (G) of section 45D(f)(1) of the Internal Revenue Code of 1986 is amended by striking , 2011, 2012, and 2013 and each calendar year thereafter (2) Conforming amendment Section 45D(f)(3) of such Code is amended by striking the last sentence. (b) Inflation adjustment Subsection (f) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Inflation adjustment (A) In general In the case of any calendar year beginning after 2013, the dollar amount in paragraph (1)(G) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2000 calendar year 1992 (B) Rounding rule Any increase under subparagraph (A) which is not a multiple of $1,000,000 shall be rounded to the nearest multiple of $1,000,000. . (c) Alternative minimum tax relief Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended— (1) by redesignating clauses (v) through (ix) as clauses (vi) through (x), respectively, and (2) by inserting after clause (iv) the following new clause: (v) the credit determined under section 45D, but only with respect to credits determined with respect to qualified equity investments (as defined in section 45D(b)) initially made before January 1, 2014, . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Alternative minimum tax relief The amendments made by subsection (c) shall apply to credits determined with respect to qualified equity investments (as defined in section 45D(b)

Keeping Jobs in America Act

Made in the U.S.A. Act - Prohibits the head of a federal agency from obligating or expending funds or providing financial assistance for projects for the construction, alteration, maintenance, or repair of a public building or public work unless substantially all of the iron, steel, wood products, cement, and manufactured goods used in the project are produced in the United States (Buy American requirements). Authorizes the head of an agency to waive such prohibition in certain circumstances. Amends the Internal Revenue Code, with respect to the Build America Bond program, to: (1) extend permanently the authority to issue such bonds and the authority for payments to issuers of such bonds, (2) reduce the bond holder tax credit percentage, and (3) treat as bonds qualified for the tax credit any bond (or series of bonds) issued to refund a qualified bond if certain criteria are met. Revises Buy American requirements with respect to federal-aid highways, particularly the handling of waiver requests. Revises similar Buy American requirements with respect to public transportation and Amtrak, particularly rolling stock. Requires the cost of rolling stock components and subcomponents produced in the United States to increase from 60% in FY2015 by 10% annual increments up to 100% for FY2019 and ensuing fiscal years. Prescribes Buy American requirements for procurement of a facility or equipment under federal aviation programs similar to those for rolling stock. Requires the Secretary of Transportation (DOT) to report annually to Congress on: (1) each project for which a waiver of Buy American requirements was issued; and (2) the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver.

113 S2682 IS: Made in the U.S.A. Act U.S. Senate 2014-07-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2682 IN THE SENATE OF THE UNITED STATES July 29, 2014 Mr. Pryor Mr. Walsh Committee on Finance A BILL To require certain Federal agencies to use iron, steel, wood products, cement and manufactured goods produced in the United States in public construction projects, to permanently extend the Build America Bonds program, to ensure that transportation and infrastructure projects carried out using Federal financial assistance are constructed with steel, iron, and manufactured goods that are produced in the United States, and for other purposes. 1. Short title This Act may be cited as the Made in the U.S.A. Act 2. Buy American (a) In general Notwithstanding any other provision of law, except for the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), the head of a Federal agency may not obligate or expend funds appropriated to the agency, or provide financial assistance using funds appropriated to the agency, for a project for the construction, alteration, maintenance, or repair of a public building or public work unless substantially all of the iron, steel, wood products, cement, and manufactured goods used in the project are produced in the United States. (b) Waiver The head of a Federal agency may waive the provisions of subsection (a) with respect to such if he or she determines that— (1) the application of such provisions would be inconsistent with the public interest; (2) iron, steel, wood products, cement, and manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, wood products, cement, and manufactured goods produced in the United States will increase the project schedule or total cost of the project by more than 25 percent (or by more than 50 percent for Department of Defense projects). (c) Waiver requirements (1) Detailed justification in federal register If the head of a Federal agency issues a waiver under subsection (b), he or she shall publish a detailed justification for such waiver in the Federal Register. (2) Annual report Not later than 2 years after the date of the enactment of this Act, and annually thereafter, in any year that the head of a Federal agency issues a waiver under subsection (b), the agency head shall submit a report to Congress that— (A) specifies each project with respect to which the agency head issued a waiver under subsection (b) during the preceding calendar year; (B) identifies the country of origin and product specifications for steel, iron, wood products, cement or manufactured goods acquired pursuant to each waiver issued by the agency head under subsection (b) during the preceding calendar year; (C) summarizes the monetary value of contracts awarded pursuant to each such waiver; (D) summarizes the funds expended on— (i) steel, iron, wood products, cement, and manufactured goods produced in the United States for projects with respect to which the requirement under this section applied during the preceding calendar year; and (ii) steel, iron, wood products, cement, and manufactured goods produced outside the United States for projects with respect to which the agency head issued a waiver under subsection (b)(1) during the preceding calendar year; and (E) provides an employment impact analysis of the cumulative effect of all waivers issued by the agency head under subsection (b) during the preceding calendar year on manufacturing employment in the United States. (d) Excepted items This section shall not apply to articles, materials, or supplies— (1) for use outside the United States (as described in sections 8302(a)(2)(A) and 8303(b)(1)(A)); (2) below the micro-purchase threshold under section 1902 (3) including information technology that is a commercial item (as described in section 25.103(e) of title 48, Code of Federal Regulations); or (4) for commissary resale (as described in section 25.103(d) (e) Relationship to State requirements The head of a Federal agency may not impose any limitation or condition on financial assistance provided using funds appropriated to the agency that— (1) restricts any State from imposing more stringent requirements than the requirements under this section on the use of iron, steel, wood products, cement, and manufactured goods in foreign countries in projects carried out with such assistance; or (2) restricts any recipient of such assistance from complying with such State requirements. (f) Intentional violations A person shall be ineligible to receive any contract or subcontract made with funds authorized to be appropriated to a Federal agency pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, for a 6-year period beginning on the date of a determination under this subsection, if a court or the Federal agency determines that the person intentionally represented that any iron, steel, wood product, cement, or manufactured good used in projects to which this section applies, sold in or shipped to the United States that was not produced in the United States, was produced in the United States. (g) Application of requirements to entire project The requirement under subsection (a) and the exceptions specified in subsection (b) shall apply to the total of obligations and expenditures for an entire project and not only to obligations and expenditures for component parts of such project. (h) Definitions In this section, the terms public building public work (1) have the meanings given such terms in section 8301 (2) include airports, bridges, canals, dams, dikes, pipelines, railroads, multiline mass transit systems, roads, tunnels, harbors, and piers. (i) Effective date This section shall apply to amounts appropriated or otherwise made available at least 1 year after the date of the enactment of this Act. 3. Permanent Extension of Build America Bonds (a) Reduction in bond holder credit percentage Section 54AA(b) of the Internal Revenue Code of 1986 is amended by striking 35 percent 28 percent (35 percent in the case of bonds issued before January 1, 2011) (b) Permanent extension Section 54AA(d)(1)(B) of such Code is amended by inserting or after the date of the enactment of the Made in the U.S.A. Act January 1, 2011, (c) Qualified bond defined Section 54AA(g) of such Code is amended by striking paragraph (2) and inserting the following: (2) Qualified bond For purposes of this section, the term qualified bond (A) means any build America bond issued as part of an issue if— (i) 100 percent of the excess of— (I) the available project proceeds (as defined in section 54A) of such issue, over (II) the amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue, are to be used for capital expenditures (including capital expenditures for levees and other flood control projects), and (ii) the issuer makes an irrevocable election to have this subsection apply; (B) includes any bond (or series of bonds) issued to refund a qualified bond if— (i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, (ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond, (C) includes any bond (or series of bonds) that is reasonably expected to be used for the issuer’s operating expenses as long as the issue is limited to a maturity of 13 months or less, and (D) includes any bond (or series of bonds) that is a qualified 501(c)(3) bond (as defined in section 145). (3) Additional purposes (A) In the case of a refunding bond referred to in paragraph (2)(B), the applicable percentage with respect to such bond under section 6431(b) shall be the lowest percentage specified in paragraph (2) of such section. (B) For purposes of paragraph (2)(B)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). (C) Subchapter IV of chapter 31 . (d) Payments to issuers (1) In general Section 6431 of such Code is amended— (A) in subsection (a), by striking issued before January 1, 2011 (B) in subsection (f)(1)(B), by striking before January 1, 2011 during a particular period (2) Conforming amendments Section 54AA(g) of such Code is amended— (A) in the subsection heading, by striking qualified bonds issued before 2011 certain qualified bonds (B) in the matter preceding paragraph (1), by striking before January 1, 2011 (e) Reduction in percentage of payments to issuers Section 6431(b) of such Code is amended by striking 35 percent 28 percent (35 percent in the case of bonds issued before January 1, 2011) 4. Federal-aid highway Buy America provisions (a) In general Section 313 of title 23, United States Code, is amended to read as follows: 313. Buy America (a) Domestic source requirement for steel, iron, and manufactured goods (1) In general Notwithstanding any other provision of law, funds made available to carry out this title may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (2) Scope The requirements under this section shall apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of such contracts, if at least 1 contract for the project is funded with amounts made available to carry out this title. (b) Exceptions (1) Issuance of waivers The Secretary may waive the requirements of subsection (a) only if the Secretary determines that— (A) applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations issued under paragraph (2); (B) the steel, iron, or manufactured goods required for a project are not produced in the United States— (i) in sufficient and reasonably available quantities; and (ii) of a satisfactory quality; or (C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the project schedule or total cost of the project by more than 25 percent. (2) Rulemaking The Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of subsection (a) is inconsistent with the public interest for purposes of paragraph (1)(A). (3) Labor costs For purposes of this subsection, labor costs involved in final assembly shall not be included in calculating the cost of components. (4) Requests for waivers A recipient of assistance under this title seeking a waiver under paragraph (1) shall submit a request for such waiver to the Secretary in such form and containing such information as the Secretary may require. (c) Waiver requirements (1) Public notification of and opportunity for comment on request for a waiver (A) In general If the Secretary receives a request for a waiver under subsection (b), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (B) Notice requirements A notice provided under subparagraph (A)— (i) shall include the information available to the Secretary concerning the request, including whether the request is being made under subparagraph (A), (B), or (C) of subsection (b)(1); and (ii) shall be provided by electronic means, including on the official public Internet website of the Department of Transportation. (2) Detailed justification in Federal Register If the Secretary issues a waiver under subsection (b), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (A) addresses the public comments received under paragraph (1)(A); and (B) is published before the waiver takes effect. (d) State requirements The Secretary may not impose a limitation or condition on assistance provided under this title that restricts— (1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (2) any recipient of such assistance from complying with such State requirements. (e) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 (1) affixed a label bearing a Made in America (A) were used in a project to which this section applies; and (B) were not produced in the United States; or (2) represented that any steel, iron, or manufactured goods were produced in the United States that— (A) were used in a project to which this section applies; and (B) were not produced in the United States. (f) Consistency with international agreements (1) In general This section shall be applied in a manner that is consistent with United States obligations under international agreements. (2) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out this title, including any project for which the Secretary has issued a waiver under subsection (b), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . (b) Review of nationwide waivers (1) In general Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of Transportation shall review each standing nationwide waiver issued under section 313 of title 23, United States Code, to determine whether continuing such waiver is necessary. (2) Public notification of and opportunity for comment on review of standing nationwide waivers In conducting a review under paragraph (1), the Secretary shall provide notice of and an opportunity for public comment on the review at least 30 days before completing the review. (3) Notice requirement A notice provided under paragraph (2) shall be provided by electronic means, including on the official public Internet website of the Department of Transportation. (4) Detailed justification in Federal Register If the Secretary finds it is necessary to continue a standing nationwide waiver after a review under paragraph (1), the Secretary shall publish in the Federal Register a detailed justification for such waiver that addresses the public comments received under paragraph (2). (c) Repeals (1) Waiver notification and annual reports Section 117 of the SAFETEA–LU Technical Corrections Act of 2008 ( 23 U.S.C. 313 (2) Notice and public comments Section 123 of title I of division A of the Consolidated Appropriations Act, 2010 (23 U.S.C. 313 note) is repealed. 5. Public transportation Buy America provisions (a) In general Section 5323(j) of title 49, United States Code, is amended to read as follows: (j) Buy America (1) Domestic source requirement for steel, iron, and manufactured goods (A) In general Notwithstanding any other provision of law, and except as provided in subparagraph (B), funds made available to carry out this chapter may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (B) Special rules for rolling stock Funds made available to carry out this chapter may not be obligated for the procurement of rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) unless— (i) the cost of components and subcomponents produced in the United States— (I) for fiscal year 2015 is more than 60 percent of the cost of all components of the rolling stock; (II) for fiscal year 2016 is more than 70 percent of the cost of all components of the rolling stock; (III) for fiscal year 2017 is more than 80 percent of the cost of all components of the rolling stock; (IV) for fiscal year 2018 is more than 90 percent of the cost of all components of the rolling stock; and (V) for fiscal year 2019, and each fiscal year thereafter, is 100 percent of the cost of all components of the rolling stock; and (ii) final assembly of the rolling stock, including rolling stock prototypes, occurs in the United States. (C) Scope The requirements under this subsection shall apply to all contracts for a public transportation project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) Exceptions (A) Issuance of waivers The Secretary may waive the requirements of paragraph (1) only if the Secretary finds that— (i) applying paragraph (1) would be inconsistent with the public interest, as determined in accordance with the regulations issued under subparagraph (B); (ii) the steel, iron, or manufactured goods required for a project are not produced in the United States— (I) in sufficient and reasonably available quantities; and (II) of a satisfactory quality; or (iii) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the project schedule or total cost of the project by more than 25 percent. (B) Rulemaking The Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of paragraph (1) is inconsistent with the public interest for purposes of subparagraph (A)(i). (C) Components of rolling stock If the Secretary finds that a component of rolling stock is not produced in the United States in sufficient and reasonably available quantities or to a satisfactory quality, the Secretary may issue a waiver under subparagraph (A) with respect to such component. (D) Labor costs For purposes of this subsection, labor costs involved in final assembly shall not be included in calculating the cost of components. (E) Requests for waivers A recipient of assistance under this chapter seeking a waiver under subparagraph (A) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (3) Waiver requirements (A) Public notification of and opportunity for comment on request for a waiver (i) In general If the Secretary receives a request for a waiver under paragraph (2), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a finding based on the request. (ii) Notice requirements A notice provided under clause (i) shall— (I) include the information available to the Secretary concerning the request, including whether the request is being made under paragraph (2)(A)(i), (2)(A)(ii), or (2)(A)(iii); and (II) be provided by electronic means, including on the official public Internet website of the Department of Transportation. (B) Detailed justification in Federal Register If the Secretary issues a waiver under paragraph (2), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (i) addresses the public comments received under subparagraph (A)(i); and (ii) is published before the waiver takes effect. (4) State requirements The Secretary may not impose a limitation or condition on assistance provided under this chapter that restricts— (A) a State from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (B) any recipient of such assistance from complying with such State requirements. (5) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 (A) affixed a label bearing a Made in America (i) were used in a project to which this subsection applies; and (ii) were not produced in the United States; or (B) represented that any steel, iron, or manufactured goods were produced in the United States that— (i) were used in a project to which this subsection applies; and (ii) were not produced in the United States. (6) Consistency with international agreements (A) In general This subsection shall be applied in a manner that is consistent with United States obligations under international agreements. (B) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with amounts made available to carry out this chapter or any other law providing Federal public transportation assistance, including any project for which the Secretary has issued a waiver under paragraph (2), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. (7) Opportunity to correct inadvertent error The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening an incomplete Buy America certificate or an incorrect certificate of noncompliance (but not a failure to sign a certificate, a submission of both a certificate of compliance and a certificate of noncompliance, or a failure to submit any certificate) under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incomplete or incorrect certificate as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier. . (b) Review of general public interest waivers Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of Transportation shall review the general public interest waivers described in subsection (b) of Appendix A of section 661.7 6. Amtrak Buy America provisions (a) In general Section 24305(f) of title 49, United States Code, is amended to read as follows: (f) Buy America (1) Domestic source requirement for steel, iron, and manufactured goods (A) In general Notwithstanding any other provision of law, amounts made available to Amtrak under section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432 (B) Scope The requirements under this subsection shall apply to all contracts for a project or other capital expense carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) Special rules for rolling stock Funds made available to carry out this chapter may not be obligated for the procurement of rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) unless— (i) the cost of components and subcomponents produced in the United States— (I) for fiscal year 2015 is more than 60 percent of the cost of all components of the rolling stock; (II) for fiscal year 2016 is more than 70 percent of the cost of all components of the rolling stock; (III) for fiscal year 2017 is more than 80 percent of the cost of all components of the rolling stock; (IV) for fiscal year 2018 is more than 90 percent of the cost of all components of the rolling stock; and (V) for fiscal year 2019, and each fiscal year thereafter, is 100 percent of the cost of all components of the rolling stock; and (ii) final assembly of the rolling stock, including rolling stock prototypes, occurs in the United States. (2) Exceptions (A) Issuance of waivers The Secretary of Transportation may waive the requirements under paragraph (1) only if the Secretary determines that— (i) applying paragraph (1) would be inconsistent with the public interest, as determined in accordance with the regulations issued under subparagraph (B); (ii) the steel, iron, or manufactured goods required for a project or other capital expense are not produced in the United States— (I) in sufficient and reasonably available quantities; and (II) of a satisfactory quality; (iii) the use of steel, iron, and manufactured goods produced in the United States for a project or other capital expense will increase the project schedule or total cost of the project by more than 25 percent; or (iv) the cost of articles, material, or supplies bought is not more than $1,000,000. (B) Rulemaking The Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of paragraph (1) is inconsistent with the public interest for purposes of subparagraph (A)(i). (C) Components of rolling stock If the Secretary finds that a component of rolling stock is not produced in the United States in sufficient and reasonably available quantities or to a satisfactory quality, the Secretary may issue a waiver under subparagraph (A) with respect to such component. (D) Labor costs For purposes of this paragraph, labor costs involved in final assembly shall not be included in calculating the cost of components. (E) Requests for waivers If Amtrak seeks a waiver under subparagraph (A), Amtrak shall submit a request for the waiver to the Secretary in such form and containing such information as the Secretary may require. (3) Waiver requirements (A) Public notification of and opportunity for comment on request for a waiver (i) In general If the Secretary receives a request for a waiver from Amtrak under paragraph (2), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a determination based on the request. (ii) Notice requirements A notice provided under clause (i)— (I) shall include the information available to the Secretary concerning the request, including whether the request is being made under clause (i), (ii), or (iii) of paragraph (2)(A); and (II) shall be provided by electronic means, including on the official public Internet website of the Department of Transportation. (B) Detailed justification in Federal Register If the Secretary issues a waiver under paragraph (2), the Secretary shall publish in the Federal Register a detailed justification for the waiver that— (i) addresses the public comments received under subparagraph (A)(i); and (ii) is published before the waiver takes effect. (4) State requirements The Secretary may not impose a limitation or condition on assistance provided with funds described in paragraph (1)(A) that restricts— (A) a State from imposing requirements that are more stringent than those imposed under this subsection with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for capital projects or other capital expenses carried out with such assistance; or (B) any recipient of such assistance from complying with such State requirements. (5) Intentional violations Pursuant to procedures established under subpart 9.4 of chapter 1 (A) affixed a label bearing a Made in America (i) were used in a capital project or other capital expense to which this subsection applies; and (ii) were not produced in the United States; or (B) represented that any steel, iron, or manufactured goods were produced in the United States that— (i) were used in a capital project or other capital expense to which this subsection applies; and (ii) were not produced in the United States. (6) Consistency with international agreements (A) In general This subsection shall be applied in a manner that is consistent with United States obligations under international agreements. (B) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a capital project or other capital expense funded with funds described in paragraph (1)(A), including any project or capital expense for which the Secretary has issued a waiver under paragraph (2), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . (b) Review of nationwide waivers Not later than 1 year after the date of enactment of this Act, and at least every 5 years thereafter, the Secretary of Transportation shall review each standing nationwide waiver issued under section 24305(f) 7. Aviation Buy America provisions (a) Buy America preferences Chapter 501 of title 49, United States Code, is amended by striking the chapter heading and inserting Buy America (b) Enhancements To buy America requirements Section 50101 of such title is amended to read as follows: 50101. Buy America (a) Domestic source requirement for steel, iron, and manufactured goods (1) In general Notwithstanding any other provision of law, and except as provided in paragraph (2), amounts made available to carry out section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title may not be obligated for a project unless the steel, iron, and manufactured goods used for the project are produced in the United States. (2) Special rules for certain facilities and equipment With respect to a project for the procurement of a facility or equipment, funds made available to carry out the provisions specified in paragraph (1) may not be obligated for the project unless— (A) the cost of components and subcomponents produced in the United States— (i) for fiscal year 2015 is more than 60 percent of the cost of all components of the facility or equipment; (ii) for fiscal year 2016 is more than 70 percent of the cost of all components of the facility or equipment; (iii) for fiscal year 2017 is more than 80 percent of the cost of all components of the facility or equipment; (iv) for fiscal year 2018 is more than 90 percent of the cost of all components of the facility or equipment; and (v) for fiscal year 2019, and each fiscal year thereafter, is 100 percent of the cost of all components of the facility or equipment; and (B) final assembly of the facility or equipment occurs in the United States. (3) Scope The requirements under this section shall apply to all contracts for a project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (b) Exceptions (1) Issuance of waivers The Secretary of Transportation may waive the requirements of subsection (a) only if the Secretary determines that— (A) applying subsection (a) would be inconsistent with the public interest, as determined in accordance with the regulations issued under paragraph (2); (B) the steel, iron, or manufactured goods required for a project are not produced in the United States— (i) in sufficient and reasonably available quantities; and (ii) of a satisfactory quality; or (C) the use of steel, iron, and manufactured goods produced in the United States for a project will increase the project schedule or total cost of the project by more than 25 percent. (2) Rulemaking The Secretary shall issue regulations establishing the criteria that the Secretary shall use to determine whether the application of subsection (a) is inconsistent with the public interest for purposes of paragraph (1)(A). (3) Labor costs For purposes of this section, labor costs involved in final assembly are not included in calculating the cost of components. (4) Requests for waivers An entity seeking a waiver under paragraph (1) shall submit to the Secretary a request for the waiver in such form and containing such information as the Secretary may require. (5) Preference for American-assembled facilities and equipment In the procurement of a facility or equipment subject to a waiver issued under paragraph (1), the Secretary shall give preference to a facility or equipment for which final assembly occurred in the United States. (6) Limitation on waiver authority In the procurement of a facility or equipment, if the Secretary determines that a component of the facility or equipment is not produced in the United States in sufficient and reasonably available quantities or to a satisfactory quality, the Secretary may issue a waiver under paragraph (1) with respect to such component. (c) Waiver requirements (1) Public notification of and opportunity for comment on request for a waiver (A) In general If the Secretary receives a request for a waiver under subsection (b), the Secretary shall provide notice of and an opportunity for public comment on the request at least 30 days before making a determination based on the request. (B) Notice requirements A notice provided under subparagraph (A)— (i) shall include the information available to the Secretary concerning the request, including whether the request is being made under subparagraph (A), (B), or (C) of subsection (b)(1); and (ii) shall be provided by electronic means, including on the official public Internet website of the Department of Transportation. (2) Detailed justification in Federal Register If the Secretary issues a waiver under subsection (b), the Secretary shall publish a detailed justification for the waiver in the Federal Register that— (A) addresses the public comments received under paragraph (1)(A); and (B) is published before the waiver takes effect. (d) State requirements The Secretary may not impose a limitation or condition on assistance provided with funds made available to carry out a provision specified in subsection (a)(1) that restricts— (1) a State from imposing requirements that are more stringent than those imposed under this section with respect to limiting the use of articles, materials, or supplies mined, produced, or manufactured in foreign countries for projects carried out with such assistance; or (2) any recipient of such assistance from complying with such State requirements. (e) Consistency with international agreements (1) In general This section shall be applied in a manner that is consistent with United States obligations under international agreements. (2) Treatment of foreign countries in violation of international agreements The Secretary shall prohibit the use of steel, iron, and manufactured goods produced in a foreign country in a project funded with funds made available to carry out a provision specified in subsection (a)(1), including any project for which the Secretary has issued a waiver under subsection (b), if the Secretary, in consultation with the United States Trade Representative, determines that the foreign country is in violation of the terms of an agreement with the United States by discriminating against steel, iron, or manufactured goods that are produced in the United States and covered by the agreement. . (c) Clerical amendments (1) Subtitle analysis The analysis for subtitle VII of title 49, United States Code, is amended by striking the item relating to chapter 501 and inserting the following: 501. Buy America 50101 . (2) Chapter analysis The analysis for chapter 501 50101. Buy America. . (d) Prohibition on contracting upon falsification of label Section 50105 of such title is amended by inserting steel, iron, or manufactured goods (e) Review of nationwide waivers Not later than 1 year after the date of the enactment of this Act, and at least every 5 years thereafter, the Secretary of Transportation shall review each standing nationwide waiver issued under section 50101 8. Department of Transportation Buy America annual report Section 308 (f) Buy America Not later than February 1 of each year beginning at least 1 year after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that— (1) specifies each project with respect to which the Secretary issued a waiver from a Buy America requirement during the preceding calendar year; (2) identifies the country of origin and product specifications for steel, iron, or manufactured goods acquired pursuant to each waiver from a Buy America requirement issued by the Secretary during the preceding calendar year; (3) summarizes the monetary value of contracts awarded pursuant to each such waiver; (4) provides the justification for each such waiver, including the specific law, treaty, or international agreement under which the waiver was granted; (5) summarizes the funds expended on— (A) steel, iron, and manufactured goods produced in the United States for projects with respect to which a Buy America requirement, under which the Secretary has waiver authority, applied during the preceding calendar year; and (B) steel, iron, and manufactured goods produced outside the United States for projects with respect to which the Secretary issued a waiver from a Buy America requirement during the preceding calendar year; and (6) provides an employment impact analysis of the cumulative effect of all waivers from a Buy America requirement issued by the Secretary during the preceding calendar year on manufacturing employment in the United States. .

Made in the U.S.A. Act

Wounded Warrior Tax Equity Act of 2014 - Amends the Internal Revenue Code to prevent any extension of the tax collection period after assessment for taxpayers who are members of the Armed Forces due to a hospitalization for combat zone injuries.

113 S2686 IS: Wounded Warrior Tax Equity Act of 2014 U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2686 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Cornyn Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to prevent the extension of the tax collection period merely because the taxpayer is a member of the Armed Forces who is hospitalized as a result of combat zone injuries. 1. Short title This Act may be cited as the Wounded Warrior Tax Equity Act of 2014 2. Prevention of extension of tax collection period for members of the Armed Forces who are hospitalized as a result of combat zone injuries (a) In general Section 7508(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Collection period after assessment not extended as a result of hospitalization With respect to any period of continuous qualified hospitalization described in subsection (a) and the next 180 days thereafter, subsection (a) shall not apply in the application of section 6502. . (b) Effective date The amendment made by this section shall apply to taxes assessed before, on, or after the date of the enactment of this Act.

Wounded Warrior Tax Equity Act of 2014

Access to Contraception for Women Servicemembers and Dependents Act of 2014 - Expands the TRICARE health care program managed by the Department of Defense (DOD) to entitle additional female beneficiaries and dependents to care related to the prevention of pregnancy. (Currently, such care is limited to certain female members of the uniformed service or a reserve component performing active duty or certain servicewomen performing inactive-duty training.) Prohibits cost-sharing from being imposed or collected for such pregnancy prevention care, including for any method of contraception provided through a facility of the uniformed services, the TRICARE retail pharmacy program, or the national mail-order pharmacy program. Provides for such pregnancy prevention care to include all methods of contraception approved by the Food and Drug Administration (FDA), sterilization procedures, and patient education and counseling. Directs the DOD Secretary to: (1) ensure that every military treatment facility has a sufficient stock of a broad range of FDA-approved methods of contraception to dispense to any women members of the Armed Forces and female covered beneficiaries who receive care through such facility; (2) disseminate clinical practice guidelines and decision support tools to DOD-employed health care providers; (3) ensure that women members of the Armed Forces have access to contraception counseling during health care visits; and (4) establish an education program for all members of the Armed Forces, including both men and women members, consisting of a uniform standard curriculum on family planning. Requires questions regarding family planning services and counseling to be incorporated into DOD health surveys. Requires every military treatment facility, upon request, to provide emergency contraception, or information about FDA-approved methods of emergency contraception, to any woman who: (1) states to personnel that she is a victim of sexual assault or is accompanied by another individual who states that the woman is a victim of sexual assault, or (2) is reasonably believed to be a survivor of sexual assault.

113 S2687 IS: Access to Contraception for Women Servicemembers and Dependents Act of 2014 U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2687 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mrs. Shaheen Mr. Reid Mrs. Murray Mr. Brown Mrs. Gillibrand Mrs. Boxer Mr. Durbin Ms. Baldwin Mr. Blumenthal Ms. Stabenow Mrs. Feinstein Ms. Hirono Mr. Franken Mr. Schatz Mr. Tester Mr. Wyden Ms. Warren Mr. Begich Committee on Armed Services A BILL To amend title 10, United States Code, to ensure that women members of the Armed Forces and their families have access to the contraception they need in order to promote the health and readiness of all members of the Armed Forces, and for other purposes. 1. Short title This Act may be cited as the Access to Contraception for Women Servicemembers and Dependents Act of 2014 2. Findings Congress makes the following findings: (1) Women are serving in the Armed Forces at increasing rates, playing a critical role in the national security of the United States. More than 350,000 women serve on active duty in the Armed Forces or in the Selected Reserve. (2) Nearly 10,000,000 members of the Armed Forces (including members of the National Guard and Reserves), military retirees, their families, their survivors, and certain former spouses, including nearly 5,000,000 female beneficiaries, are eligible for health care through the Department of Defense. (3) Contraception is critical for women's health and is highly effective at reducing unintended pregnancy. The Centers for Disease Control and Prevention describe contraception as one of the 10 greatest public health achievements of the twentieth century. (4) Contraception has played a direct role in the greater participation of women in education and employment. Increased wages and increased control over reproductive decisions provide women with educational and professional opportunities that have increased gender equality over the decades since contraception was introduced. (5) Studies have shown that when cost barriers to the full range of methods of contraception are eliminated, and women receive comprehensive counseling on the various methods of contraception (including highly effective Long-Acting Reversible Contraceptives (LARCs)), rates of unintended pregnancy decline dramatically. (6) Research has also shown that investments in effective contraception save public and private dollars. (7) The 2011 recommendations of the Institute of Medicine on women’s preventive health services include recommendations that health insurance plans cover all methods of contraception approved by the Food and Drug Administration, sterilization procedures, and patient education and counseling for all women with reproductive capacity without any cost-sharing requirements. (8) The recommendations described in paragraph (7) are reflected in provisions of the Patient Protection and Affordable Care Act ( Public Law 111–148 (9) Under the TRICARE program, servicewomen on active duty have full coverage of all prescription drugs, including contraception, without cost-sharing requirements. However, servicewomen not on active duty, and female dependents of members of the Armed Forces, who receive health care through the TRICARE program do not have similar coverage of all prescription methods of contraception approved by the Food and Drug Administration without cost-sharing. (10) Studies indicate that servicewomen need comprehensive counseling for pregnancy prevention, particularly in their predeployment preparations, and the lack thereof is contributing to unintended pregnancies among servicewomen. (11) An analysis by Ibis Reproductive Health of the 2008 Survey of Health Related Behaviors among Active Duty Military Personnel found a high unintended pregnancy rate among servicewomen. Adjusting for the difference between age distribution in the Armed Forces and the general population, the rate of unintended pregnancy among servicewomen is higher than for the general population. (12) With the integrated use of electronic medical records throughout the Department of Defense, the technological infrastructure exists to develop clinical decision support tools. These tools, which are incorporated into the electronic medical record, allow for a point-of-care feedback loop that can be used to enhance patient decisionmaking, case and patient management, and care coordination. Benefits of clinical decision support tools include increased quality of care and enhanced health outcomes, improved efficiency, and provider and patient satisfaction. (13) The Defense Advisory Committee on Women in the Services (DACOWITS) has recommended that all the Armed Forces, to the extent that they have not already, implement initiatives that inform servicemembers of the importance of family planning, educate them on methods of contraception, and make various methods of contraception available, based on the finding that family planning can increase the overall readiness and quality of life of all members of the military. (14) Health care, including family planning for survivors of sexual assault in the Armed Forces is a critical issue. Servicewomen on active duty report rates of unwanted sexual contact at approximately 16 times those of the comparable general population of women in the United States. Through regulations, the Department of Defense already supports a policy of ensuring that servicewomen who are sexually assaulted have access to emergency contraception. 3. Contraception coverage parity under the TRICARE program (a) In general Section 1074d (1) in subsection (a), by inserting for members and former members Services available (2) by redesignating subsection (b) as subsection (d); and (3) by inserting after subsection (a) the following new subsections: (b) Care related to prevention of pregnancy Female covered beneficiaries shall be entitled to care related to the prevention of pregnancy described by subsection (d)(3). (c) Prohibition on cost-Sharing for certain services Notwithstanding section 1074g(a)(6) of this title or any other provision of law, cost-sharing may not be imposed or collected for care related to the prevention of pregnancy provided pursuant to subsection (a) or (b), including for any method of contraception provided, whether provided through a facility of the uniformed services, the TRICARE retail pharmacy program, or the national mail-order pharmacy program. . (b) Care related to prevention of pregnancy Subsection (d)(3) of such section, as redesignated by subsection (a)(2) of this section, is further amended by inserting before the period at the end the following: (including all methods of contraception approved by the Food and Drug Administration, sterilization procedures, and patient education and counseling in connection therewith) (c) Conforming amendment Section 1077(a)(13) of such title is amended by striking section 1074d(b) section 1074d(d) 4. Access to broad range of methods of contraception approved by the Food and Drug Administration for members of the Armed Forces and military dependents at military treatment facilities (a) In general Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that every military treatment facility has a sufficient stock of a broad range of methods of contraception approved by the Food and Drug Administration, as recommended by the Centers for Disease Control and Prevention and the Office of Population Affairs of the Department of Health and Human Services, to be able to dispense at any time any such method of contraception to any women members of the Armed Forces and female covered beneficiaries who receive care through such facility. (b) Covered beneficiary defined In this section, the term covered beneficiary section 1072(5) 5. Comprehensive standards and access to contraception counseling for members of the Armed Forces (a) Purpose The purpose of this section is to ensure that all health care providers employed by the Department of Defense who provide care for women members of the Armed Forces, including general practitioners, are provided, through clinical practice guidelines, the most current evidence-based and evidence-informed standards of care with respect to methods of contraception and counseling on methods of contraception. (b) Clinical practice guidelines (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall compile clinical practice guidelines for health care providers described in subsection (a) on standards of care with respect to methods of contraception and counseling on methods of contraception for women members of the Armed Forces. (2) Sources The Secretary shall compile clinical practice guidelines under this subsection from among clinical practice guidelines established by appropriate health agencies and professional organizations, including the following: (A) The United States Preventive Services Task Force. (B) The Centers for Disease Control and Prevention. (C) The Office of Population Affairs of the Department of Health and Human Services. (D) The American College of Obstetricians and Gynecologists. (E) The Association of Reproductive Health Professionals. (F) The American Academy of Family Physicians. (G) The Agency for Healthcare Research and Quality. (3) Updates The Secretary shall from time to time update the list of clinical practice guidelines compiled under this subsection to incorporate into such guidelines new or updated standards of care with respect to methods of contraception and counseling on methods of contraception. (4) Dissemination (A) Initial dissemination As soon as practicable after the compilation of clinical practice guidelines pursuant to paragraph (1), but commencing not later than one year after the date of the enactment of this Act, the Secretary shall provide for rapid dissemination of the clinical practice guidelines to health care providers described in subsection (a). (B) Updates As soon as practicable after the adoption under paragraph (3) of any update to the clinical practice guidelines compiled pursuant to this subsection, the Secretary shall provide for the rapid dissemination of such clinical practice guidelines, as so updated, to health care providers described in subsection (a). (C) Protocols Clinical practice guidelines, and any updates to such guidelines, shall be disseminated under this paragraph in accordance with administrative protocols developed by the Secretary for that purpose. (c) Clinical decision support tools (1) In general Not later than one year after the date of the enactment of this Act, the Secretary shall, in order to assist health care providers described in subsection (a), develop and implement clinical decision support tools that reflect, through the clinical practice guidelines compiled pursuant to subsection (b), the most current evidence-based and evidence-informed standards of care with respect to methods of contraception and counseling on methods of contraception. (2) Updates The Secretary shall from time to time update the clinical decision support tools developed under this subsection to incorporate into such tools new or updated guidelines on methods of contraception and counseling on methods of contraception. (3) Dissemination Clinical decision support tools, and any updates to such tools, shall be disseminated under this subsection in accordance with administrative protocols developed by the Secretary for that purpose. Such protocols shall be similar to the administrative protocols developed under subsection (b)(4)(C). (d) Access to contraception counseling As soon as practicable after the date of the enactment of this Act, the Secretary shall ensure that women members of the Armed Forces have access to counseling on the full range of methods of contraception provided by health care providers described in subsection (a) during health care visits, including, but not limited to, visits as follows: (1) During predeployment health care visits, with the counseling to be provided during such visits emphasizing the interaction between anticipated deployment conditions and various methods of contraception. (2) During health care visits during deployment. (3) During annual physical examinations. (e) Incorporation into surveys of questions on servicewomen experiences with family planning services and counseling (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall integrate into the Department of Defense surveys specified in paragraph (2) questions designed to obtain information on the experiences of women members of the Armed Forces— (A) in accessing family planning services and counseling; (B) in using family planning methods, which method was preferred and whether deployment conditions affected the decision on which family planning method or methods to be used; and (C) if pregnant, whether the pregnancy was intended. (2) Covered surveys The surveys into which questions shall be integrated as described in paragraph (1) are the following: (A) The Health Related Behavior Survey of Active Duty Military Personnel. (B) The Health Care Survey of Department of Defense Beneficiaries. 6. Education on family planning for members of the Armed Forces (a) Education program (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish an education program for all members of the Armed Forces, including both men and women members, consisting of a uniform standard curriculum on family planning. (2) Sense of Congress It is the sense of Congress that the standard curriculum should use the latest technology available to efficiently and effectively deliver information to members of the Armed Forces. (b) Elements The standard curriculum under subsection (a) shall include the following: (1) Information on the importance of providing comprehensive family planning for members of the Armed Forces, and their commanding officers, and on the positive impact family planning can have on the health and readiness of the Armed Forces. (2) Current, medically accurate information. (3) Clear, user-friendly information on the full range of methods of contraception and where members of the Armed Forces can access their chosen method of contraception. (4) Information on all applicable laws and policies so that members are informed of their rights and obligations. (5) Information on patients’ rights to confidentiality. (6) Information on the unique circumstances encountered by members of the Armed Forces, and the effects of such circumstances on the use of contraception. 7. Pregnancy prevention assistance at military treatment facilities for women who are sexual assault survivors (a) Purpose The purpose of this section is to provide in statute, and to enhance, existing regulations that require health care providers at military treatment facilities to consult with survivors of sexual assault once clinically stable regarding options for emergency contraception and any necessary follow-up care, including the provision of the emergency contraception. (b) In general The assistance specified in subsection (c) shall be provided at every military treatment facility to the following: (1) Any woman who presents at a military treatment facility and states to personnel of the facility that she is a victim of sexual assault or is accompanied by another individual who states that the woman is a victim of sexual assault. (2) Any woman who presents at a military treatment facility and is reasonably believed by personnel of such facility to be a survivor of sexual assault. (c) Assistance (1) In general The assistance specified in this subsection shall include the following: (A) The prompt provision by appropriate staff of the military treatment facility of comprehensive, medically and factually accurate, and unbiased written and oral information about all methods of emergency contraception approved by the Food and Drug Administration. (B) The prompt provision by such staff of emergency contraception to a woman upon her request. (C) Notification to the woman of her right to confidentiality in the receipt of care and services pursuant to this section. (2) Nature of information The information provided pursuant to paragraph (1)(A) shall be provided in language that is clear and concise, is readily comprehensible, and meets such conditions (including conditions regarding the provision of information in languages other than English) as the Secretary may provide in the regulations under this section.

Access to Contraception for Women Servicemembers and Dependents Act of 2014

Union Transparency and Accountability Act - Amends the Labor-Management Reporting and Disclosure Act of 1959 to revise specified current reporting requirements to require every labor organization to file annually with the Secretary of Labor (currently, the Office of Labor Management Standards of the Department of Labor) its: form LM-2, as published in the appendix to the final rule issued by the Secretary entitled "Labor Organization Annual Financial Reports" dated January 21, 2009, or a successor form including the same information; and form T-1, as published in the appendix to the final rule issued by the Secretary entitled "Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization is Interested, Form T-1" dated October 2, 2008, or a successor form including the same information. Requires similarly certain labor organization officers or employees (as under current law) to file annually with the Secretary form LM-30, as published in the appendix to the final rule issued by the Secretary entitled "Labor Organization Officer and Employee Report, Form LM-30" dated July 2, 2007, or a successor form including the same information. Prescribes civil penalties for any labor organization that fails to disclose to its members specified information contained in a report, including a financial report, required to be filed with the Secretary. Revises the authority of the Secretary to bring a civil action in a U.S. district Court or in the U.S. District Court for the District of Columbia for the actual or imminent failure of any person to file required reports. Requires the Secretary to establish certain standards and procedures for the imposition by the appropriate district court of civil fines for persons, labor organizations, or employers who violate specified reporting requirements. Prescribes a civil fine of up to $250 a day from the date of a violation, with an aggregate maximum of $45,000, both amounts adjusted for inflation. Prescribes certain whistleblower protections for labor organization employees who file complaints or institute, or cause to be instituted, proceedings under the Act, or testify or are about to tesify in any such proceedings.

113 S2688 IS: Union Transparency and Accountability Act U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2688 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Thune Mr. Alexander Mr. Cornyn Mr. Isakson Committee on Health, Education, Labor, and Pensions A BILL To ensure labor organization transparency and accountability. 1. Short title This Act may be cited as the Union Transparency and Accountability Act 2. Disclosure requirements Section 208 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 438 (1) by striking The Secretary (a) The Secretary (2) by adding at the end the following: (b) Notwithstanding subsection (a) and for each fiscal year, a labor organization that would be required to file form LM–2 under part 403 of title 29, Code of Federal Regulations, under section 201(a) (as such part was in effect on October 12, 2009) shall be required to annually file with the Secretary— (1) form LM–2, as published in the appendix to the final rule issued by the Secretary of Labor entitled Labor Organization Annual Financial Reports (2) a successor form that includes all of the information required in such form LM–2 (as such form was published on January 21, 2009). (c) Notwithstanding subsection (a) and for each fiscal year, a labor organization that would be required to file form T–1 under part 403 of title 29, Code of Federal Regulations (as such part was in effect on November 30, 2010) shall file with the Secretary, as the report concerning trusts in which a labor organization is interested— (1) form T–1, as published in the appendix to the final rule issued by the Secretary entitled Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization Is Interested, Form T–1 (2) a successor form that includes all of the information required in such form T–1 (as such form was published on October 2, 2008). (d) Notwithstanding subsection (a) and for each fiscal year, an officer or employee of a labor organization who would be required to file form LM–30 under part 404 of title 29, Code of Federal Regulations (as such part was in effect on October 25, 2011) shall be required to file with the Secretary— (1) form LM–30, as published in the appendix to the final rule issued by the Secretary entitled Labor Organization Officer and Employee Report, Form LM–30 (2) a successor form that includes all of the information required in such form LM–30 (as such form was published on July 2, 2007). . 3. Civil fines relating to disclosure violations (a) Civil fines for failure To provide information to members Section 201 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 431 (1) by redesignating subsection (c) as subsection (c)(1); and (2) by inserting after such subsection (c)(1) the following: (2) Any labor organization that fails to meet the requirements of paragraph (1) with respect to a member, by refusing to make available the information required to be contained in a report required to be submitted under this title, and any books, records, and accounts necessary to verify such report (unless such failure or refusal results from matters reasonably beyond the control of the labor organization), may in the court’s discretion, and in addition to any other relief provided by law and determined proper by the court, be liable to such member for an amount that is not more than $250 a day from the date of such failure or refusal (except that such amount shall be adjusted for inflation in the same manner as the Secretary adjusts the amount of a civil fine under section 211(c)). For purposes of this paragraph, each violation with respect to any single member shall be treated as a separate violation. . (b) Civil enforcement for failure To file a timely report Section 210 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 440 210. Civil enforcement (a) In general Whenever it shall appear that any person has violated or is about to violate any of the provisions of this title, or section 301(a), the Secretary may bring a civil action for such relief, including an injunction or the enforcement of a civil fine imposed under section 211, as may be appropriate. Any such action may be brought in the district court of the United States where the violation occurred or in the United States District Court for the District of Columbia. (b) Judicial review for enforcement of civil fines (1) Standard of review Upon a complaint filed by the Secretary seeking the enforcement of a civil fine, the appropriate district court shall impose the civil fine that has been determined to be appropriate by the Secretary— (A) if the person, labor organization, or employer against whom the civil fine is sought has been provided written notice and an opportunity to be heard before the Secretary or a designee of such Secretary, in accordance with procedures established by the Secretary under section 211(g)(1); and (B) unless the Secretary’s determination is shown to be arbitrary and capricious. (2) Scope of review The appropriate court shall not consider any objection or argument that was not raised in the proceedings before the Secretary. (c) Appropriateness of injunctive relief Upon a complaint filed by the Secretary seeking relief under this section demonstrating that a person, labor organization, or employer has failed to file timely and complete reports required by this title or section 301(a), or has filed reports that are substantially incomplete or inaccurate, or that information required to be reported may be lost or destroyed absent such relief, the district court shall issue an order enjoining continued violation of this title or section 301(a). Injunctive relief may be awarded in addition to any other additional civil or criminal remedy and whether or not the Secretary seeks enforcement of a civil fine. . (c) Authority To impose civil fines Title II of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 431 et seq. (1) by redesignating section 211 as section 212; and (2) by inserting after section 210 the following: 211. Civil fines (a) Notice; correction period Upon finding a violation of subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a), the Secretary shall, in accordance with standards and procedures established by the Secretary under subsection (g), provide the person, labor organization, or employer responsible for such violation— (1) written notice of the violation; and (2) a period of time to correct the violation that is not more than 30 days after the date that the Secretary provides such written notice. (b) Fines assessed Subject to the other provisions of this section, if the Secretary determines that a person, labor organization, or employer has violated subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a) and has not corrected the violation within the period described in subsection (a)(2), the Secretary may assess a civil fine against the person, labor organization, or employer responsible for such violation. (c) Amount of civil fine (1) Maximum amount A civil fine under this section shall be for an amount that is not more than $250 a day from the date of the violation, and not more than $45,000 in the aggregate, except that such amounts shall be adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note; Public Law 101–410 (2) Factors in determining amount In determining the amount of a civil fine under this section, the Secretary may consider— (A) the gravity of the offense; (B) any history of prior offenses (including offenses occurring before the date of enactment of this section) of the person, labor organization, or employer responsible for such violation; (C) the ability of such person, labor organization, or employer to pay the civil fine without material impairment of the ability to carry out representational functions or honor other financial obligations; (D) any injury to uninvolved members of the labor organization or to the public; (E) any benefits to such person, labor organization, or employer resulting from such violation; (F) the ability of the civil fine to deter future such violations; and (G) any other factors that the Secretary may determine to be appropriate to further the purposes of this Act. (d) Limitation A person, labor organization, or employer shall not be required to pay a civil fine under this section for a violation of subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a) for which a material cause was reasonably beyond the control of such person, labor organization, or employer. (e) Incomplete reports A report rejected by the Secretary as incomplete shall be considered not filed for purposes of determining the existence of a violation of subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a), and a civil fine may be assessed for such violation. (f) Effect on criminal sanctions The imposition of a civil fine under this section shall not affect the availability of criminal sanctions against any person, labor organization, or employer who knowingly or willfully violates a provision of this Act. (g) Standards and procedures (1) In general The Secretary shall establish, pursuant to sections 208 and 606, standards and procedures governing the imposition of a civil fine under this section that include providing the person, labor organization, or employer responsible for an alleged violation of subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or 301(a) with— (A) written notice of such violation; and (B) an opportunity for a hearing before the Secretary or a designee of such Secretary. (2) Judicial review (A) In general After exhausting all administrative remedies established by the Secretary under paragraph (1), a person, labor organization, or employer against whom the Secretary has imposed a civil fine under this section may obtain a review of such fine in the United States District Court where the violation occurred or in the United States District Court for the District of Columbia, by filing in such court, within 30 days of the entry of a final order imposing the civil fine, a written petition that the Secretary’s order or determination be modified or be set aside in whole or in part. (B) Standard of review Upon petition for review of a civil fine under this section, the appropriate district court shall impose the civil fine determined to be appropriate by the Secretary— (i) if the person, labor organization, or employer against whom the civil fine is sought has been provided written notice and an opportunity to be heard, in accordance with the procedures established by the Secretary under paragraph (1); and (ii) unless the Secretary’s determination is shown to be arbitrary and capricious. (C) Scope of review In reviewing a civil fine under this section, the appropriate district court shall not consider any objection or argument that was not raised in the proceedings before the Secretary. (h) Settlement by secretary The Secretary may compromise, modify, or remit any civil fine that may be, or has been, imposed under this section. . (d) Technical and conforming amendments The Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.) is further amended— (1) in section 205 (29 U.S.C. 435), by striking 211 212 (2) in section 207(b) (29 U.S.C. 437(b)), by striking 211 212 (3) in section 301(b) (29 U.S.C. 461(b)), by striking and 210 210, and 211 4. Whistleblower protections for labor organization employees Title II of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431 et seq.) is amended by inserting after section 211 the following: 211A. Whistleblower protection for labor organization employees (a) Whistleblower protection It shall be unlawful for any labor organization to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding. (b) Enforcement and remedies Any person whose rights secured by the provisions of this title have been infringed by any violation of this title may bring a civil action in the appropriate district court of the United States for such relief as may be appropriate, including an injunction. A civil action under this subsection against a labor organization shall be brought in the district court of the United States for the district where the alleged violation occurred or where the principal office of such labor organization is located. .

Union Transparency and Accountability Act

Medicare CGM Access Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage of continuous glucose monitoring (CGM) devices furnished to a CGM qualified individual. Directs the Secretary of Health and Human Services (HHS) to establish a fee schedule and ensure that CGM qualified individuals are furnished with appropriate device components.

113 S2689 IS: Medicare CGM Access Act of 2014 U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2689 IN THE SENATE OF THE UNITED STATES July 30, 2014 Ms. Collins Mrs. Shaheen Committee on Finance A BILL To amend title XVIII of the Social Security Act to specify coverage of continuous glucose monitoring devices, and for other purposes. 1. Short title This Act may be cited as the Medicare CGM Access Act of 2014 2. Medicare coverage of continuous glucose monitoring devices (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (1) in subsection (s)(2)— (A) in subparagraph (EE), by striking and (B) in subparagraph (FF), by adding and (C) by adding at the end the following new subparagraph: (GG) continuous glucose monitoring devices (as defined in subsection (iii)(1)) furnished to a CGM qualified individual (as defined in subsection (iii)(2)); ; and (2) by adding at the end the following new subsection: (iii) Continuous Glucose Monitoring Device; CGM qualified individual (1) (A) The term continuous glucose monitoring device (B) Such term applies to such medical device— (i) as a stand-alone product; (ii) when integrated with an insulin pump; or (iii) as an integral component of any other medical device cleared or approved by the Food and Drug Administration, such as artificial pancreas device systems. (C) With respect to a continuous glucose monitoring device that is described in clause (ii) or (iii) of subparagraph (B), the Secretary shall treat an insulin pump or other medical device that has a continuous glucose monitoring device as an integrated or integral component as a single medical device. (D) Such term includes components, accessories, and supplies that are necessary and related to the operation of the class III medical device, such as sensors, transmitters, receivers, and requisite software. (2) The term CGM qualified individual (A) An individual with Type I diabetes— (i) who is following an intensive insulin treatment regimen that consists of 3 or more insulin injections per day or the use of a subcutaneous insulin infusion pump; (ii) subject to paragraph (3), whose attending physician certifies that the individual’s condition cannot be safely and effectively managed with self-monitoring of blood glucose; and (iii) who— (I) has been unable to achieve optimum glycemic control in accordance with evidence-based guidelines; or (II) has experienced hypoglycemia unawareness or frequent hypoglycemic episodes. (B) An individual not described in subparagraph (A) who meets such other medical criteria as the Secretary may specify for the furnishing of a continuous glucose monitoring device based on available medical evidence and taking into account any anticipated pathway to the development of artificial pancreas device systems. (C) An individual with diabetes who has been regularly using a continuous glucose monitoring device before becoming entitled to, or enrolling in, part A, or enrolling in part B, or both. (3) For purposes of a certification by an attending physician described in paragraph (2)(A)(ii), such certification shall not be required more frequently than once every 3 years. . (b) Payment (1) In general Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) (A) by striking and (Z) (B) by inserting before the semicolon at the end the following: , and (AA) with respect to continuous glucose monitoring devices under section 1861(s)(2)(GG)), the amount paid shall be an amount equal to 80 percent of the amount determined under the fee schedule established under section 1834(p) (2) Conforming amendment Section 1834 of the Social Security Act ( 42 U.S.C. 1395m (p) Fee schedule for continuous glucose monitoring devices (1) Establishment (A) In general With respect to continuous glucose monitoring devices (as defined in section 1861(iii)(1)) furnished during a year, the amount of payment under this part for such devices shall be determined under a fee schedule established by the Secretary in accordance with this subsection. (B) Clarification of application of fee schedule to devices having CGM as an integral component Payment shall be calculated and made under the fee schedule established under this subsection for any insulin pump or other medical device that has a continuous glucose monitoring device as an integrated or integral component. (2) Initial payment rate (A) In general With respect to each distinct type of continuous glucose monitoring device, the Secretary shall establish an initial payment rate under the fee schedule established under this subsection for the first year, which may be a partial year, during which payment may be made for such continuous glucose monitoring device under this part. (B) Data With respect to a continuous glucose monitoring device, the initial payment rate under subparagraph (A) shall— (i) reflect market rates for such device; and (ii) take into account the most recent available data on prices for such device. (C) Accounting for differences in functionalities among various CGM devices For purposes of the initial payment rates established under subparagraph (A), the Secretary shall establish a new HCPCS code for each distinct type of class III medical device cleared or approved by the Food and Drug Administration that includes a continuous glucose monitoring device, such as a medical device described in clause (ii) or (iii) of section 1861(iii)(1)(B). Such HCPCS codes shall distinguish among the different functionalities of such devices in a manner that reflects the classifications of the Food and Drug Administration in clearing or approving such devices. (3) Updates to payment rates With respect to each year beginning after the year, or partial year, referred to in paragraph (2)(A) during which an initial payment rate is established for a distinct continuous glucose monitoring device, the Secretary shall provide for annual updates to the payment rate under the fee schedule established under this subsection for each such device for the preceding year by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the preceding year. (4) Adjustment for geographic variations The Secretary shall provide for adjustments to the payment rates under the fee schedule established under this subsection to take into account geographic variations in the prices of continuous glucose monitoring devices. . (c) Ensuring beneficiary access to appropriate components Section 1847(a) of the Social Security Act ( 42 U.S.C. 1395w–3(a) (8) Ensuring beneficiary access to appropriate components (A) In general In carrying out the programs under this section with respect to glucose meters required for continuous glucose monitoring devices (as defined in section 1861(iii)(1)) that are furnished to CGM qualified individuals (as defined in section 1861(iii)(2)), the Secretary shall ensure that such CGM qualified individuals are furnished the brand of diabetic testing supplies (as defined in subparagraph (B)) that function with such continuous glucose monitoring devices, such as in the case where there is only one brand of glucose meter that is compatible with a particular continuous glucose monitoring device. (B) Definition In this paragraph, the term diabetic testing supplies . (d) Effective date; Rulemaking (1) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2015. (2) Rulemaking (A) In general The Secretary of Health and Human Services (in this paragraph referred to as the Secretary (B) Consultation As part of the rulemaking process under subparagraph (A), the Secretary shall consult with national organizations representing individuals with diabetes, physicians with relevant clinical expertise in endocrinology, and other relevant stakeholders to develop clinical criteria for the determination of whether an individual qualifies as having Type I diabetes under section 1861(iii)(2)(A) of the Social Security Act, as added by subsection (a)(2). Not later than 60 days after the date of enactment of this Act, the Secretary shall convene a meeting of those stakeholders to develop consensus recommendations for such clinical criteria. The Secretary shall take such recommendations into account in implementing the amendments made by this section.

Medicare CGM Access Act of 2014

Protecting Student Privacy Act of 2014 - Amends the Family Educational Rights and Privacy Act of 1974 to prohibit programs administered by the Department of Education from making funds available to any educational agency or institution that has not implemented information security policies that: (1) protect personally identifiable information (PII) from education records, and (2) require each outside party to whom PII from education records is disclosed to have a comprehensive security program to protect such information. Defines "outside party" as a person that is not an employee, officer, or volunteer of the educational agency or institution or of a government agency. Includes within such term any contractor or consultant acting as a school official or authorized representative or in any other capacity. Prohibits such funds from being made available to any educational agency or institution that has a policy or practice of using, releasing, or providing access to PII to advertise or market a product or service. Requires state agencies receiving such funds, and each educational agency or institution, to ensure that any outside party with access to such records: (1) provides parents access to any PII it holds about their students; (2) provides a process to challenge, correct, or delete any inaccurate, misleading, or inappropriate data through a hearing by the agency or institution providing the outside party with access; (3) maintains a record of all individuals, agencies, or organizations that have requested or obtained access to the education records of a student; and (4) has information security procedures in place. Prohibits funds from being made available to any educational agency or institution, or any state educational agency, unless the agency or institution has a practice that: (1) promotes data minimization by meeting requests for student information with non-PII, and (2) requires that PII held by any outside party be destroyed when the information is no longer needed for the specified purpose. Directs educational agencies and institutions to maintain a record of all outside parties which have requested or obtained access to a student's education records. Requires such record to describe the information shared and to indicate specifically the party's legitimate interest in obtaining this information.

113 S2690 IS: Protecting Student Privacy Act of 2014 U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2690 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Markey Mr. Hatch Mr. Walsh Mr. Kirk Committee on Health, Education, Labor, and Pensions A BILL To amend the Family Educational Rights and Privacy Act of 1974 to ensure that student data handled by private companies is protected, and for other purposes. 1. Short title This Act may be cited as the Protecting Student Privacy Act of 2014 2. FERPA improvements Subsection (b) of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (1) by redesignating paragraphs (4) through (7) as paragraphs (8) through (11), respectively; (2) by inserting after paragraph (3) the following: (4) (A) No funds shall be made available under any applicable program to any educational agency or institution that has not implemented information security policies and procedures that— (i) protect personally identifiable information from education records maintained by the educational agency or institution; and (ii) require each outside party to whom personally identifiable information from education records is disclosed to have information security policies and procedures that include a comprehensive security program designed to protect the personally identifiable information from education records. (B) For purposes of this subsection, the term outside party (5) Notwithstanding any other provision of this section or paragraph (2)(A), no funds shall be made available under any applicable program to any educational agency or institution that has a policy or practice of using, knowingly releasing, or otherwise knowingly providing access to personally identifiable information, as described in paragraph (2), in the education records of a student to advertise or market a product or service. (6) Each State educational agency receiving funds under an applicable program, and each educational agency or institution, shall ensure that any outside party with access to education records with personally identifiable information complies with the following: (A) Any education records that are held by the outside party shall be held in a manner that provides, as directed by the educational agency or institution, parents with— (i) the right to access the personally identifiable information held about their students by the outside party, to the same extent and in the same manner as provided in subsection (a)(1); and (ii) a process to challenge, correct, or delete any inaccurate, misleading, or otherwise inappropriate data in any education records of such student that are held by the outside party, through an opportunity for a hearing by the agency or institution providing the outside party with access, in accordance with subsection (a)(2). (B) The outside party shall maintain a record of all individuals, agencies, or organizations that have requested or obtained access to the education records of a student held by the outside party, in the same manner as is required under paragraph (8). (C) The outside party shall have policies or procedures in place regarding information security practices regarding the education records, in accordance with paragraph (4). (7) No funds under any applicable program shall be made available to any educational agency or institution, or any State educational agency, unless the agency or institution has a policy or practice that— (A) promotes data minimization in order to safeguard individual privacy by meeting any request for student information with non-personally identifiable information, if the purpose of any appropriate request can be effectively met with non-personally identifiable information; and (B) requires that all personally identifiable information on an individual student held by any outside party be destroyed when the information is no longer needed for the specified purpose. ; and (3) in paragraph (8)(A), as redesignated by paragraph (1)— (A) by inserting who are employees, officers, or volunteers of the agency or institution of this subsection (B) by striking or organizations organizations, or outside parties (C) by striking or organization organization, or outside party (D) by inserting and will describe the information shared with such person, outside party, agency, or organization obtaining this information

Protecting Student Privacy Act of 2014

Pay for Performance Act - Amends title XX (Block Grants to States for Social Services and Elder Justice) of the Social Security Act to add a new part C (Social Impact Pay for Performance Contracts). Requires the Secretary of the Treasury to publish in the Federal Register a request for proposals from states or local governments for social impact pay for performance contract projects which produce measurable, clearly defined outcomes that result in social benefit, such as employment for the unemployed, high school graduation, and reduction of teen and unplanned pregnancies as well as incidences of child abuse and neglect. Requires applications to include a feasibility study, funded under this Act, which contains specified information. Requires the Secretary to decide whether to enter into such a contract within six months after receiving an application. Requires independent evaluation of a state or local government social impact pay for performance contract project. Makes appropriations for 10 years to carry out this Act. Establishes the Federal Interagency Council on Social Impact Pay for Performance Contracts. Authorizes the Comptroller General (GAO) to audit the activities of any state, local government, or nongovernment that receives funds under this Act. Amends the Community Reinvestment Act of 1977 to require the appropriate federal financial supervisory agency to consider, in assessing and taking into account the record of a financial institution in meeting the credit needs of its entire community, its investments in social impact pay for performance contract projects.

113 S2691 IS: Pay for Performance Act U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2691 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Bennet Mr. Hatch Committee on Finance A BILL To encourage and support partnerships between the public and private sectors to improve our nation’s social programs, and for other purposes. 1. Short title This Act may be cited as the Pay for Performance Act 2. Social Impact Pay for Performance Contracts Title XX of the Social Security Act ( 42 U.S.C. 1397 (1) in the title heading, by striking to States and Projects (2) by adding at the end the following: C Social Impact Pay for Performance Contracts 2051. Purposes The purposes of this subtitle are the following: (1) To improve the lives of families and individuals in need in the United States by funding social programs that achieve real results. (2) To redirect funds away from programs that, based on objective data, are ineffective, and into programs that achieve demonstrable, measurable results. (3) To ensure Federal funds are used effectively on social services to produce positive outcomes for both service recipients and taxpayers. (4) To establish the use of social impact pay for performance contracts to address some of our Nation’s most pressing problems. (5) To facilitate the creation of public-private partnerships that bundle philanthropic and other private resources with existing public spending to scale up effective social interventions already being implemented by private organizations, non-profits, charitable organizations, and local governments across the country. (6) To bring pay-for-performance to the social services sector, allowing the United States to improve the impact and effectiveness of vital social services programs while redirecting inefficient or duplicative spending. 2052. Social impact pay for performance contract application (a) Notice Not later than 1 year after the date of the enactment of this subtitle, the Secretary of the Treasury (referred to in this subtitle as the Secretary (b) Required outcomes for social impact pay for performance contract project To qualify as a social impact pay for performance contract project under this subtitle, a project must produce a measurable, clearly defined outcome that results in social benefit and Federal savings through any of the following: (1) Increasing work and earnings by individuals who have been unemployed in the United States for more than 6 consecutive months. (2) Increasing employment and earnings of individuals age 16 to 24. (3) Increasing employment among individuals receiving Federal disability benefits. (4) Reducing the dependence of low-income families on Federal means-tested benefits. (5) Improving rates of high school graduation. (6) Reducing teen and unplanned pregnancies. (7) Improving birth outcomes among low-income families and individuals. (8) Reducing rates of asthma, diabetes, or other preventable diseases among low-income families and individuals. (9) Increasing the proportion of children living in 2-parent families. (10) Reducing incidences of child abuse and neglect. (11) Reducing the number of youth in foster care who are emancipated from care by increasing adoptions, permanent guardianship arrangements, reunification, or placement with a fit and willing relative for children and youth in foster care. (12) Reducing the number of children and youth in foster care residing in group homes, child care institutions, agency-operated foster homes, or other non-family foster homes, unless it is determined that it is in the interest of the child's long-term health, safety, or psychological well-being to not be placed in a family foster home. (13) Reducing recidivism among individuals released from prison. (14) Other measurable outcomes defined by the State or local government that result in positive social outcomes and Federal savings. (c) Feasibility study required The notice described in subsection (a) shall require a State or local government to submit a feasibility study for the social impact pay for performance contract project that contains the following information: (1) The outcome goals of the project. (2) A description of each intervention in the project and anticipated outcome of such intervention. (3) Rigorous evidence demonstrating that the intervention can be expected to produce the desired outcomes. (4) The target population that will be served by the project. (5) The expected social benefits to participants who receive the intervention and others who may be impacted. (6) Projected Federal, State, and local government costs and other costs to conduct the project. (7) Projected Federal, State, and local government savings and other savings, including an estimate prepared by the State or local government of the savings to the Federal, State, and local government, on a program-by-program basis and in the aggregate, if the project is implemented and the outcomes are achieved. (8) If savings resulting from the successful completion of the project are estimated to accrue to the State or local government, the likelihood of the State or local government to realize those savings. (9) A plan for delivering the intervention through a social impact pay for performance contract model. (10) A description of the expertise of each service provider that will administer the intervention. (11) An explanation of the experience of the State or local government, the intermediary, or the service provider in raising private and philanthropic capital to fund social service investments. (12) The detailed roles and responsibilities of each entity involved in the project, including any State or local government entity, intermediary, service provider, independent evaluator, investor, or other stakeholder. (13) A summary of the experience of the service provider delivering the proposed intervention or a similar intervention, or a summary demonstrating that the service provider has the expertise necessary to deliver the proposed intervention. (14) A summary of the unmet need in the area where the intervention will be delivered or among the target population who will receive the intervention. (15) The payment terms, the methodology used to calculate outcome payments, the payment schedule, and performance thresholds. (16) The project budget. (17) The project timeline. (18) The criteria used to determine the eligibility of an individual for the project, including how selected populations will be identified, how they will be referred to the project, and how they will be enrolled in the project. (19) The evaluation design. (20) The metrics that will be used to determine whether the outcomes have been achieved and how such metrics will be measured. (21) A summary explaining the independence of the evaluator from the other entities involved in the project and the evaluator’s experience in conducting rigorous evaluations of program effectiveness including, where available, well-implemented randomized controlled trials on the intervention or similar interventions. (22) The capacity of the service provider to deliver the intervention to the number of participants the State or local government proposes to serve in the project. (d) Project intermediary information required The feasibility study described in subsection (c) shall also contain the following information about the intermediary for the social impact pay for performance contract project (whether the intermediary is the service provider or other entity): (1) Experience and capacity for providing or facilitating the provision of the type of intervention proposed. (2) The mission and goals. (3) Information on whether the intermediary is already working with service providers that provide this intervention or an explanation of the capacity of the intermediary to begin working with service providers to provide the intervention. (4) Experience working in a collaborative environment across government and nongovernmental entities. (5) Previous experience collaborating with public or private entities to implement evidence-based programs. (6) Ability to raise or provide funding to cover operating costs (if applicable to the project). (7) Capacity and infrastructure to track outcomes and measure results, including— (A) capacity to track and analyze program performance; and (B) experience with performance-based contracting and achieving project milestones and targets. (8) Role in delivering the intervention. (9) How the intermediary would monitor program success, including a description of the interim benchmarks and outcome measures. 2053. Awarding contracts for social impact pay for performance contract projects (a) Timeline in awarding contract Not later than 6 months after receiving an application in accordance with section 2052, the Secretary shall determine whether to enter into a contract for a social impact pay for performance contract project with the State or local government that submitted such application. (b) Considerations in Awarding Contract In determining whether to enter into a contract for a social impact pay for performance contract project with a State or local government, the Secretary, in consultation with the Federal Interagency Council on Social Impact Pay for Performance Contracts and the head of any Federal agency administering a similar intervention or serving a population similar to that served by the project, shall consider each of the following: (1) The value to the Federal Government of the outcome expected to be achieved if the outcomes specified in the contract are achieved. (2) The ability of the State or local government, in collaboration with the intermediary and the service providers, to achieve the outcomes. (3) The savings to the Federal Government if the outcomes specified in contract are achieved. (4) The savings to the State and local governments if the outcomes specific in the contract are achieved. (5) The expected quality of the evaluation that would be conducted with respect to the contract. (c) Contract Authority (1) Contract requirements In accordance with this section, the Secretary, in consultation with the Federal Interagency Council on Social Impact Pay for Performance Contracts and the head of any Federal agency administering a similar intervention or serving a population similar to that served by the project, may enter into a contract for a social impact pay for performance contract project with a State or local government if the Secretary determines that each of the following requirements are met: (A) The State or local government agrees to achieve an outcome specified in the contract in order to receive payment. (B) The Federal payment to the State or local government for each outcome specified does not exceed the monetary value of the outcome to the Federal Government over a period not to exceed 10 years, as determined by the Secretary, in consultation with the State or local government. (C) The duration of the project does not exceed 10 years. (D) The State or local government has demonstrated, through the application submitted under section 2052, that, based on prior rigorous experimental evaluations or rigorous quasi-experimental studies, the intervention can be expected to achieve each outcome specified in the contract. (E) The State, local government, intermediary, or service provider has experience raising private or philanthropic capital to fund social service investments (if applicable to the project). (F) The State or local government has shown that each service provider has experience delivering the intervention, a similar intervention, or has otherwise demonstrated the expertise necessary to deliver the intervention. (2) Payment The Secretary shall pay the State or local government only if the independent evaluator described in section 2055 determines that the social impact pay for performance contract project has met the requirements specified in the contract and achieved an outcome specified in the contract. (3) Limitation The Secretary shall not enter into a contract for a social impact pay for performance contract project under paragraph (1) after the date that is 10 years after the date of the enactment of this subtitle and shall not obligate any funds made available under section 2057(a) after such date. (d) Notice of contract award Not later than 30 days after entering into a contract under this section, the Secretary shall publish a notice in the Federal Register that includes, with regard to such contract, the following: (1) The outcome goals of the social impact pay for performance contract project. (2) A description of each intervention in the project. (3) The target population that will be served by the project. (4) The expected social benefits to participants who receive the intervention and others who may be impacted. (5) The detailed roles, responsibilities, and purposes of each Federal, State, or local government entity, intermediary, service provider, independent evaluator, investor, or other stakeholder. (6) The payment terms, the methodology used to calculate outcome payments, the payment schedule, and performance thresholds. (7) The project budget. (8) The project timeline. (9) The project eligibility criteria. (10) The evaluation design. (11) The metrics that will be used to determine whether the outcomes have been achieved and how these metrics will be measured. (12) The estimate prepared by the State or local government of the savings to the Federal, State, and local government, on a program-by-program basis and in the aggregate, if the contract is entered into and implemented and the outcomes are achieved. 2054. Feasibility study funding (a) Requests for funding for feasibility studies The Secretary shall reserve a portion of the funding provided in section 2057 to assist States or local governments in developing feasibility studies required by section 2052. To be eligible to receive funding to assist with completing a feasibility study, a State or local government shall submit an application for feasibility study funding containing the following information: (1) A description of the outcome goals of the social impact pay for performance contract project. (2) A description of the intervention, including anticipated program design, target population, an estimate regarding the number of individuals to be served, and setting for the intervention. (3) Evidence to support the likelihood that such intervention will produce the desired outcome. (4) The expected social benefits to participants who receive the intervention and others who may be impacted. (5) Estimated costs to conduct the project. (6) Estimates of Federal, State, and local government savings and other savings if the project is implemented and the outcomes are achieved. (7) An estimated timeline for implementation and completion of the project, which shall not exceed 10 years. (8) With respect to a project for which the State or local government selects an intermediary to operate the project, any partnerships needed to successfully execute the project and the ability of the intermediary to foster such partnerships. (9) The expected resources needed to complete the feasibility study for the State or local government to apply for social impact pay for performance contract funding under section 2052. (b) Federal selection of applications for feasibility study Not later than 6 months after receiving an application for feasibility study funding under subsection (a), the Secretary, in consultation with the Federal Interagency Council on Social Impact Pay for Performance Contracts and the head of any Federal agency administering a similar intervention or serving a population similar to that served by the project, shall select State or local government feasibility study proposals for funding based on the following: (1) The likelihood that the proposal will achieve the desired outcome. (2) The value of the outcome expected to be achieved. (3) The potential savings to the Federal Government if the social impact pay for performance contract project is successful. (4) The potential savings to the State and local governments if the project is successful. (c) Public disclosure Not later than 30 days after selecting a State or local government for feasibility study funding under this section, the Secretary shall publish on the website of the Federal Interagency Council on Social Impact Pay for Performance Contracts information explaining why the State or local government was granted feasibility study funding. (d) Funding restrictions; no guarantee of funding (1) Feasibility study restriction The Secretary shall not provide feasibility study funding under this section for more than 50 percent of the estimated total cost of the feasibility study reported in the State or local government application submitted under subsection (a). (2) Aggregate restriction Of the total amount appropriated under section 2057, the Secretary shall not use more than $10,000,000 to provide feasibility study funding to States or local governments under this section. (3) No guarantee of funding The Secretary shall have the option to award no funding under this section. (e) Submission of feasibility study required Not later than 6 months after the receipt of feasibility study funding under this section, a State or local government receiving such funding shall complete the feasibility study and submit the study to the Federal Interagency Council on Social Impact Pay for Performance Contracts. 2055. Evaluations (a) Contract Authority For each State or local government awarded a social impact pay for performance contract project approved by the Secretary under this subtitle, the head of the relevant agency, as determined by the Federal Interagency Council on Social Impact Pay for Performance Contracts, shall enter into a contract with such State or local government to pay for the independent evaluation required under section 2053(a)(2) to determine whether the State or local government project has met an outcome specified in the contract in order for the State or local government to receive outcome payments under this subtitle. (b) Evaluator Qualifications The head of the relevant agency may not enter into a contract with a State or local government under subsection (a) unless the head determines that the evaluator is independent of the other parties to the contract and has demonstrated substantial experience in conducting rigorous evaluations of program effectiveness including, where available and appropriate, well-implemented randomized controlled trials on the intervention or similar interventions. (c) Methodologies To be used (1) In general Subject to paragraph (2), the evaluation used to determine whether a State or local government will receive outcome payments under this subtitle shall, to the extent practicable, use methodologies based on experimental designs using random assignment, or, when random assignment is not feasible or appropriate, other reliable, evidence-based research methodologies, as certified by the Federal Interagency Council on Social Impact Pay for Performance Contracts, that allow for the strongest possible direct, causal inferences. (2) Limitation In determining whether an outcome has been achieved, the evaluation methodology selected under paragraph (1) shall not consider indirect potential savings to the Federal Government that may be realized from increased income, employment, output, or other economic measures derived from multiplier effects external to the outcome metrics upon which contract payments are based. (3) Application of Executive Order 13563 Executive Order 13563 (76 Fed. Reg. 3,821; relating to regulatory review) shall not apply to the development and selection of methodologies under this subsection. (d) Progress Report (1) Submission of report The independent evaluator shall— (A) not later than 2 years after a project has been approved by the Secretary and biannually thereafter until the project is concluded, submit to the head of the relevant agency and the Federal Interagency Council on Social Impact Pay for Performance Contracts a written report summarizing the progress that has been made in achieving each outcome specified in the contract; and (B) at the scheduled time of the first outcome payment and at the time of each subsequent payment, submit to the head of the relevant agency and the Federal Interagency Council on Social Impact Pay for Performance Contracts a written report that includes the results of the evaluation conducted to determine whether an outcome payment should be made along with information on the unique factors that contributed to achieving or failing to achieve the outcome, the challenges faced in attempting to achieve the outcome, and information on the improved future delivery of this or similar interventions. (2) Submission to Congress Not later than 30 days after receipt of the written report pursuant to paragraph (1)(B), the Federal Interagency Council on Social Impact Pay for Performance Contracts shall submit such report to each committee of jurisdiction in the House of Representatives and the Senate. (e) Final Report (1) Submission of report Within 6 months after the social impact pay for performance contract project is completed, the independent evaluator shall— (A) evaluate the effects of the activities undertaken pursuant to the contract with regard to each outcome specified in the contract; and (B) submit to the head of the relevant agency and the Federal Interagency Council on Social Impact Pay for Performance Contracts a written report that includes the results of the evaluation and the conclusion of the evaluator as to whether the State or local government has fulfilled each obligation of the contract, along with information on the unique factors that contributed to the success or failure of the project, the challenges faced in attempting to achieve the outcome, and information on the improved future delivery of this or similar interventions. (2) Submission to Congress Not later than 30 days after receipt of the written report pursuant to paragraph (1)(B), the Federal Interagency Council on Social Impact Pay for Performance Contracts shall submit such report to each committee of jurisdiction in the House of Representatives and the Senate. (f) Limitation on Cost of Evaluations Of the amount made available for social impact pay for performance contract projects in section 2057, the Secretary may not obligate more than 15 percent of such amount to evaluate the implementation and outcomes of such projects. 2056. Federal Interagency Council on Social Impact Pay for Performance Contracts (a) Establishment; duties There is established the Federal Interagency Council on Social Impact Pay for Performance Contracts (in this section, referred to as the Council (1) coordinate the efforts of social impact pay for performance contract projects funded by this subtitle; (2) advise and assist the Secretary in the development and implementation of such projects; (3) advise the Secretary on specific programmatic and policy matter related to such projects; (4) provide subject-matter expertise to the Secretary with regard to such projects; (5) ensure that each State or local government that has entered into a contract with the Secretary for a social impact pay for performance contract project under this subtitle and each evaluator selected by the head of the relevant agency under section 2055 has access to Federal administrative data to assist the State or local government and the evaluator in evaluating the performance and outcomes of the project; (6) provide guidance to the executive branch on the future of social impact pay for performance contract projects in the United States; (7) review State and local government applications for social impact pay for performance contract projects to ensure that contracts will only be awarded under this subtitle when rigorous, independent data and reliable, evidence-based research methodologies support the conclusion that a contract will yield savings to the Federal Government that are equal to or greater than the size of the outlay through the contract before such applications are approved by the Secretary; (8) certify, in the case of each approved social impact pay for performance contract project, that the project will yield a projected savings to the Federal Government, and coordinate with the relevant Federal agency to produce an after-action accounting once the project is complete to determine the actual Federal savings realized, and the extent to which actual savings aligned with projected savings; and (9) provide oversight of the actions of the Secretary and other Federal officials under this subtitle, and report periodically to Congress and the public on the implementation of this subtitle. (b) Composition of Council (1) Presidential appointees The President of the United States shall select 3 members of the Council, at least 1 of whom shall be an official of the Department of the Treasury and at least 1 of whom shall not be an employee of the Federal Government. The President shall designate 1 of these 3 members as the Chair of the Council. The Chair shall serve for a term of 7 years, and the other members selected by the President shall serve terms of 4 and 6 years. The President shall determine which member serves 4 years and which serves 6 years. (2) Additional appointees In addition to the 3 members appointed under paragraph (1), the Council shall be further composed of the following 8 members: (A) 1 member selected by the President of the United States from a list of candidates provided by the Majority Leader of the Senate; (B) 1 member selected by the President from a list of candidates provided by the Minority Leader of the Senate; (C) 1 member selected by the President from a list of candidates provided by the Speaker of the House of Representatives; (D) 1 member selected by the President from a list of candidates provided by the Minority Leader of the House of Representatives; (E) 1 member selected by the President from a list of candidates provided by the Chairman of the Committee on Finance of the Senate; (F) 1 member selected by the President from a list of candidates provided by the Ranking Member of the Committee on Finance of the Senate; (G) 1 member selected by the President from a list of candidates provided by the Chairman of the Committee on Ways and Means of the House of Representatives; and (H) 1 member selected by the President from a list of candidates provided by the Ranking Member of the Committee on Ways and Means of the House of Representatives. (3) Qualifications The membership of the Council shall consist of individuals who— (A) are experienced in finance, economics, pay for performance finance or statistics; (B) have relevant professional or personal experience in a field related to 1 or more of the outcomes listed in section 2052(b); and (C) are qualified to review applications for social impact pay for performance contract projects to determine whether the proposed metrics and evaluation methodologies are appropriately rigorous and reliant upon independent data and evidence-based research. (4) Timing of appointments (A) Candidate lists With respect to the candidate lists described in paragraph (2), the designated member of Congress shall provide a list of candidates to the President not later than 90 days after the date of the enactment of this subtitle, or, in the event of a vacancy, not later than 90 days after the date upon which the vacancy arises. If a member of Congress fails to provide a list of candidates to the President by such date, the President may select a member of the President's choice on behalf of such member of Congress. (B) Appointment date All appointments of the members of the Council shall be made not later than 120 days after the date of the enactment of this subtitle. Notwithstanding the preceding sentence, if not all appointments have been made to the Council as of such date, the Council may operate with fewer than all 11 members until all appointments have been made. (5) Term of appointments (A) In general The members appointed under paragraph (2) shall serve as follows: (i) 2 members shall serve for 3 years. (ii) 2 members shall serve for 4 years. (iii) 2 members shall serve for 5 years. (iv) 2 members shall serve for 6 years. (B) Assignment of terms The Council shall designate the term length that each member appointed under paragraph (2) shall serve by unanimous agreement. In the event that unanimous agreement cannot be reached, term lengths shall be assigned to such members by a random process. (6) Vacancies (A) In general Subject to subparagraph (B), in the event of a vacancy in the Council, whether due to the resignation of a member, the expiration of a member's term, or any other reason, such vacancy shall be filled in the manner in which the original appointment was made and shall not affect the powers of the Council. (B) Political party balance rule If the member of Congress required to provide a list of candidates under paragraph (2) to fill a vacancy in a position in accordance with this paragraph is not of the same political party as the member of Congress providing the list of candidates for the original appointment to such position, the list of candidates to fill such vacancy shall be provided instead by the member of the other political party occupying the corresponding position in the House of Congress or congressional committee concerned. (7) Appointment power Members of the Council appointed under this section shall not be subject to confirmation by the Senate. (c) Rules of the Council (1) Charter The Council shall file a charter that meets the requirements of section 9(c) of the Federal Advisory Committee Act (5 U.S.C. App.) with the Secretary. Such charter shall be published on the website the Council is required to establish under section 2058. (2) Council procedures Section 10 of the Federal Advisory Committee Act (5 U.S.C. App.), other than subsections (e) and (f), shall apply to the Council. (3) Transcripts Section 11 of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Council. (4) Compensation Members of the Council— (A) shall not receive compensation for service on the Council; and (B) 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 (d) Agency liaisons The Council shall liaise, as needed, with officers or employees of each Federal agency that becomes involved with the social impact pay for performance contract selection and obligation process who are designated by the head of the agency to serve as liaison to the Council. (e) Rule of construction Nothing in this section shall give the Council the authority to abrogate a contract entered into by the Secretary under section 2053, or any payment associated with such contract that is payable under such section. 2057. Funding (a) In general Out of any money in the Treasury not otherwise appropriated, there is hereby appropriated $300,000,000 to remain available until 10 years after the date specified in section 2053(c)(3) to carry out the activities authorized under this subtitle. Amounts appropriated under this subsection that are unobligated as of such date shall be rescinded on such date, except that the Secretary may retain an amount not to exceed $6,000,000 for an additional 3 years for purposes of carrying out functions necessary to administer contracts that were awarded under this subtitle prior to such date. (b) Limitation Of the amounts made available under subsection (a), the Secretary may not use more than $3,000,000 in any fiscal year to support the review, approval, and oversight of social impact pay for performance contract projects, including activities conducted by— (1) the Federal Interagency Council on Social Impact Pay for Performance Contracts; and (2) any other agency consulted by the Secretary before approving a social impact pay for performance contract project or a feasibility study under section 2054. 2058. Website The Federal Interagency Council on Social Impact Pay for Performance Contracts shall establish and maintain a public website that shall display the following: (1) A copy of, or method of accessing, each notice published regarding a social impact pay for performance contract project pursuant to this subtitle. (2) For each State or local government that has entered into a contract with the Secretary for a social impact pay for performance contract project, the website shall contain the following information: (A) The outcome goals of the project. (B) A description of each intervention in the project. (C) The target population that will be served by the project. (D) The expected social benefits to participants who receive the intervention and others who may be impacted. (E) The detailed roles, responsibilities, and purposes of each Federal, State, or local government entity, intermediary, service provider, independent evaluator, investor, or other stakeholder. (F) The payment terms, methodology used to calculate outcome payments, the payment schedule, and performance thresholds. (G) The project budget. (H) The project timeline. (I) The project eligibility criteria. (J) The evaluation design. (K) The metrics used to determine whether the proposed outcomes have been achieved and how these metrics are measured. (3) A copy of the progress reports and the final reports relating to each social impact pay for performance contract project. (4) An estimate of the savings to the Federal, State, and local government, on a program-by-program basis and in the aggregate, resulting from the successful completion of the social impact pay for performance contract project. (5) A copy of the Council's charter. 2059. Regulations The Secretary, in consultation with the Federal Interagency Council on Social Impact Pay for Performance Contracts, may issue regulations as necessary to carry out this subtitle. 2060. GAO Audits (a) Authority To audit The Comptroller General of the United States may audit the activities of any State, local government, or nongovernmental entity that receives funds under this subtitle. (b) Access to information (1) In general Notwithstanding any other provision of law, the Comptroller General shall, upon request and at such reasonable time and in such reasonable form as the Comptroller General may request, have access to— (A) any records or other information under the control of or used by any State, local government, or nongovernmental entity that receives funds under this subtitle; (B) any records or other information under the control of a person or entity acting on behalf of or under the authority of a State, local government, or nongovernmental entity that receives funds under this subtitle, to the extent that such records or other information is relevant to an audit under subsection (a); and (C) the officers, directors, employees, financial advisors, staff, working groups, and agents and representatives of any State, local government, or nongovernmental entity that receives funds under this subtitle (as related to the activities on behalf of such State, local government, or nongovernmental entity of such agent or representative), at such reasonable times as the Comptroller General may request. (2) Copies The Comptroller General may make and retain copies of such books, accounts, and other records, access to which is granted under this section, as the Comptroller General considers appropriate. 2061. Definitions In this subtitle: (1) Agency The term agency section 551 (2) Intervention The term intervention (3) Secretary The term Secretary (4) Social impact pay for performance contract project The term social impact pay for performance contract project (5) Social impact pay for performance contract model The term social impact pay for performance contract model (A) Federal funds are awarded to a State or local government only if a State or local government achieves certain outcomes agreed upon by the State or local government and the Secretary; and (B) the State or local government coordinates with service providers, investors (if applicable to the project), and (if necessary) an intermediary to identify— (i) an intervention expected to produce the outcome; (ii) a service provider to deliver the intervention to the target population; and (iii) investors to fund the delivery of the intervention. (6) State The term State . 3. Community Reinvestment Act Section 804 of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2903 (e) Social impact pay for performance contract projects In assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency shall consider, as a factor, investments made by the financial institution in social impact pay for performance contract projects under subtitle C of title XX of the Social Security Act. .

Pay for Performance Act

Campus Accountability and Safety Act - Amends provisions of the Higher Education Act of 1965 known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to require institutions of higher education (IHEs) that participate in title IV (Student Assistance) programs to include in their annual campus security reports provided to current and prospective students and employees: the memorandum of understanding that this Act requires IHEs to enter into with local law enforcement agencies (and update every two years) to clearly delineate responsibilities and share information about certain serious crimes, including sexual violence, occurring against students or other individuals on campus; and specified information regarding the disposition of sexual offense cases by the IHE. Requires the crime statistics that IHEs are to compile and provide in such reports to be compiled in accordance with: definitions used by the Violence Against Women Act of 1994 for the offenses of domestic violence, dating violence, and stalking; and definitions for other offenses that are available under the National Incident-Based Reporting System or the Uniform Crime Reporting Program of the Federal Bureau of Investigation (FBI) or, if not available there, that are provided by the Secretary of Education. Prohibits the statistics for such other crimes from identifying the victims or persons accused of such crimes. Requires IHEs to provide new students and employees with a statement that identifies domestic violence, dating violence, sexual assault, and stalking as crimes which will be reported and with respect to which, based on the victim's wishes, the IHE will cooperate with local law enforcement. Directs the Secretary to develop and administer through an online portal a standardized, online, and annual survey of students regarding their experiences with sexual violence and harassment. Omits survey responses from the annual crime statistics IHEs must report, but requires the Secretary to publish survey information that includes campus-level data for each school on the Department of Education's website annually. Requires the Department to make publicly available guidance regarding the intersection of the campus security and crime statistics reporting requirements under title IV and requirements under title IX of the Education Amendments of 1972. Authorizes the Secretary to impose a civil penalty upon IHEs that fail to carry out campus security and crime statistics reporting requirements. Requires each IHE that receives federal funding to establish a campus security policy that includes: the designation of one or more confidential advisors at the IHE to whom victims of crime can report anonymously or directly; authorization for the IHE to provide an online reporting system to collect anonymous disclosures of crimes; provision on the IHE's website of the telephone number and URL for a hotline providing information to sexual violence victims and the name and location of the nearest medical facility where an individual may have a rape kit administered by a trained sexual violence forensic nurse, including information on transportation options and reimbursement for a visit to such facility; and an amnesty clause for any student who, in good faith, reports sexual violence to a responsible employee, with respect to a student conduct violation revealed in the course of such a report. Amends the Education Amendments of 1972 to require the Secretary to establish a title IX website that includes: the name and contact information for the title IX coordinator at each IHE, including a brief description of the coordinator's role and the roles of other officials who may be contacted regarding sexual harassment; and the Department's pending investigations and the actions it has taken regarding all title IX complaints and compliance reviews related to sexual harassment. Requires each IHE to employ an individual who shall complete minimum training requirements and be responsible for: (1) reporting cases of sexual harassment to the title IX coordinator; and (2) providing students and employees who report having been a victim of sexual harassment on or off campus with a written explanation of their rights and options. Requires each individual who is involved in implementing an IHE's grievance procedures to have training or experience in handling sexual violence complaints and the operations of the IHE's grievance procedures. Sets forth minimum training requirements. Requires each IHE that receives federal funding to establish and carry out a uniform process for disciplinary proceedings relating to claims of sexual violence that shall not vary based on the status or characteristics of a student involved in the process. Authorizes: (1) the Secretary or the Attorney General (DOJ) to impose a civil penalty on IHEs that violate or fail to carry out title IX requirements regarding sexual violence, and (2) individuals to file a complaint regarding such a violation with the Department's Office for Civil Rights. Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to: (1) increase the minimum grant that may be provided to IHEs to combat domestic violence, dating violence, sexual assault, and stalking on campuses; and (2) authorize the use of such grants to train campus personnel in conducting victim-centered, trauma-informed (forensic) interviews.

113 S2692 IS: Campus Accountability and Safety Act U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2692 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mrs. McCaskill Mr. Heller Mr. Blumenthal Mr. Grassley Mrs. Gillibrand Ms. Ayotte Mr. Warner Mr. Rubio Mrs. Boxer Mr. Graham Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to combat campus sexual violence, and for other purposes. 1. Short title This Act may be cited as the Campus Accountability and Safety Act 2. Amendments to the Clery Act Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) (1) in paragraph (1)— (A) by inserting and on the website of the institution through appropriate publications or mailings (B) in subparagraph (C), by striking clause (ii) and inserting the following: (ii) the memorandum of understanding between the institution and local law enforcement that is required under section 124 (or, if such requirement has been waived, a description of the working relationship of campus security personnel with State and local law enforcement agencies); and ; and (C) by adding at the end the following: (K) (i) With respect to the criminal activity described in subparagraph (F)(i)(II), the eligible institution shall prepare by not later than 1 year after the date of enactment of the Campus Accountability and Safety Act (I) The number of cases that were investigated by the institution. (II) The number of cases that were referred for a disciplinary proceeding at the institution. (III) The number of cases that were referred to local or State law enforcement. (IV) The number of alleged perpetrators that were found responsible by the disciplinary proceeding at the institution. (V) The number of alleged perpetrators that were found not responsible by the disciplinary proceeding at the institution. (VI) A description of the final sanctions imposed by the institution for each offense perpetrated. (VII) The number of disciplinary proceedings at the institution that have closed without resolution. (ii) The Secretary shall provide technical assistance to eligible institutions to assist in meeting such additional preparation obligations. ; (2) by striking paragraph (7) and inserting the following: (7) (A) The statistics described in clauses (i) and (ii) of paragraph (1)(F)— (i) shall not identify victims of crimes or persons accused of crimes; and (ii) shall be compiled in accordance with the following definitions: (I) For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) (II) For offenses not described in subclause (I), such statistics shall be compiled in accordance with— (aa) either the National Incident-Based Reporting System or the Uniform Crime Reporting Program of the Federal Bureau of Investigation, if a definition is available; and (bb) if an offense is not defined in either the National Incident-Based Reporting System or the Uniform Crime Reporting Program of the Federal Bureau of Investigation, a definition provided by the Secretary. (B) The Secretary shall establish and make publicly available a definition for any offense that— (i) is required to be reported in accordance with paragraph (1)(F); (ii) is not an offense described in subparagraph (A)(ii)(I); and (iii) is not defined in either the National Incident-Based Reporting System or the Uniform Crime Reporting Program of the Federal Bureau of Investigation. ; (3) in paragraph (8)(B)(i)— (A) in the matter preceding subclause (I), by inserting , developed in consultation with local, State, and national sexual assault, dating violence, domestic violence, and stalking victim advocacy, victim services, or prevention organizations, and local law enforcement, Education programs (B) in subclause (I)(aa), by inserting , including the fact that these are crimes for the purposes of this subsection and reporting under this subsection and the institution of higher education will, based on the victim’s wishes, cooperate with local law enforcement with respect to any alleged criminal offenses involving students or employees of the institution of higher education stalking (4) by redesignating paragraph (18) as paragraph (22); and (5) by inserting after paragraph (17) the following: (18) The individual at an institution of higher education that is designated as a responsible employee, as defined in section 901(e) of the Education Amendments of 1972, shall be considered a campus security authority, as defined in section 668.46(a) (19) (A) The Secretary shall, in consultation with the Attorney General, develop, design, and administer through an online portal, a standardized, online survey of students regarding their experiences with sexual violence and harassment. The survey shall be administered every year. The survey shall not include any personally identifiable information. The Secretary shall develop such survey tool using best practices from peer-reviewed research measuring sexual violence and harassment. In addition to the standardized questions developed by the Secretary, institutions completing the survey may request additional information from students that would increase the institutions’ understanding of school climate factors unique to their campuses. (B) In carrying out subparagraph (A), the Secretary shall require each institution participating in any program under this title, to ensure that an adequate, random, and representative sample size of students enrolled at the institution complete the survey described in subparagraph (A) not later than 1 year after the date of enactment of the Campus Accountability and Safety Act (C) Responses to the survey shall be submitted confidentially and shall not be included in crime statistics reported under this subsection. In addition, questions should be designed to gather information on survivor experiences, and shall therefore use trauma-informed language to prevent re-traumatization. (D) The survey described in subparagraph (A) shall include, but is not limited to, the following topics: (i) Those designed to determine the incidence and prevalence of sexual violence, dating violence, domestic violence, and stalking. (ii) Those on whether students know about institutional policies and procedures. (iii) Those on, if victims reported the violence, to whom and what response did they receive and if they were informed of, or referred to, local, State, on-campus, and or national resources. (iv) Those on contextual factors, such as whether force, incapacitation, or coercion was involved. (v) Those on whether the assailant was a student. (vi) Those on whether the victim was referred to local or State law enforcement. (E) The Secretary shall tabulate and publish an annual report on the information gained from the survey under this paragraph on the website of the Department and submit such report to Congress. The report shall include campus-level data for each school and attributed by name of each campus. (20) Not later than 180 days after the date of enactment of the Campus Accountability and Safety Act, the Assistant Secretary for Postsecondary Education of the Department and the Assistant Secretary for Civil Rights of the Department shall jointly develop and make publicly available guidance regarding the intersection between this subsection and title IX of the Education Amendments of 1972, in order to clarify how the provisions of this subsection and such title shall be carried out. The guidance shall include clarifying language on how this subsection and such title IX interact pertaining to sexual violence, and shall clarify and resolve any potential discrepancies or inconsistencies between the two. (21) Notwithstanding any other provision of this Act, upon determination, after reasonable notice and opportunity for a hearing, that an eligible institution has violated or failed to carry out any provision of this subsection, or agreement made to resolve a compliance review under this subsection, or any regulation prescribed under this subsection, the Secretary may impose a civil penalty upon such institution not to exceed $150,000, which shall be adjusted for inflation annually, for each violation or misrepresentation, or per month a survey is not completed at the standard required. The Secretary may use any such civil penalty funds to enforce and administer the provisions of this subsection. . 3. Coordination with local law enforcement (a) In general Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. 124. Coordination with local law enforcement Each institution of higher education that receives funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, shall enter into, and update every 2 years, a memorandum of understanding with all applicable local law enforcement agencies to clearly delineate responsibilities and share information, in accordance with applicable Federal confidentiality laws, about certain serious crimes that shall include, but not be limited to, sexual violence, occurring against students of the institution or against other individuals on the campus of the institution. The memorandum of understanding shall include, but is not limited to— (1) delineation and sharing protocols of investigative responsibilities; (2) protocols for investigations, including standards for notification and communication and measures to promote evidence preservation; (3) agreed upon training and requirements for the institution on issues related to sexual violence; and (4) a method of sharing information about specific crimes, when directed by the victim, and a method of sharing crime details anonymously in order to better protect overall campus safety. . (b) Effective date and penalty (1) Effective date The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Penalty The Secretary of Education— (A) may impose a civil penalty of not more than 1 percent of an institution's operating budget, as defined by the Secretary of Education, each year that the institution of higher education fails to carry out the requirements of section 124 of the Higher Education Act of 1965, as added by subsection (a), by the date that is 1 year after the date of enactment of this Act; and (B) may waive the penalty pursuant to paragraph (3). (3) Waiver (A) In general If local law enforcement refuses to enter into a memorandum of understanding under section 124 of the Higher Education Act of 1965, as added by subsection (a), the Secretary of Education may waive the penalty under paragraph (2) if the institution certifies why the institution was unable to obtain an agreement and that the institution acted in good faith, and submits to the Secretary a copy of the institution's final offer that was ultimately rejected. The Secretary of Education will then have the discretion to grant the waiver. (B) Referral to department of justice The Secretary of Education shall refer to the Attorney General a copy of each waiver granted under paragraph (2)(B) and the reason, the Secretary has determined, why local law enforcement refuses to enter into a memorandum of understanding. (C) Administrative review If the Secretary of Education does not grant a waiver under paragraph (2)(B), the institution may submit additional information to receive such waiver. If, after submitting additional information, the Secretary still does not grant a waiver under paragraph (2)(B), the decision of the Secretary shall be subject to review pursuant to section 706(2)(A) (4) Voluntary resolution Nothing in this subsection shall prevent the Secretary of Education from entering into a voluntary resolution with an institution of higher education that fails to carry out the requirements of section 124 of the Higher Education Act of 1965, as added by subsection (a), by the date that is 1 year after the date of enactment of this Act. (c) Negotiated rulemaking The Secretary of Education shall establish regulations to carry out the this section and the amendment made by this section in accordance with the requirements described under section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a). 4. University support for survivors of sexual violence (a) In general Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. 125. University support for survivors of sexual violence Each institution of higher education that receives funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, shall establish a campus security policy that includes the following: (1) The designation of 1 or more confidential advisor roles at the institution to whom victims of crime can report anonymously or directly, that complies with the following: (A) The confidential advisor shall not be a student, an employee designated as a responsible employee under title IX of the Education Amendments of 1972, or the title IX coordinator, but may have other roles at the institution. (B) The Secretary shall designate existing categories of employees that may serve as confidential advisors. Such designation shall not preclude the institution from designating new or existing employees or partnering with local, State, or national victim services organizations to serve as confidential advisors or to serve in other confidential roles. (C) The confidential advisor shall be trained to perform a victim-centered, trauma-informed (forensic) interview, which shall focus on the experience of the victim. The confidential advisor may perform the interview for which the goal is to elicit information about the traumatic event in question so that the interview can be used in either a campus or criminal investigation or disciplinary proceeding. (D) The confidential advisor shall inform the victim of the victim's control over possible next steps regarding the victim's reporting options and the consequences of those options, including, but not limited to, the option to conduct a forensic interview with the option to have the forensic interview be recorded, the option to receive a copy of the recorded forensic interview with the option to notify a responsible employee and initiate a campus disciplinary proceeding, the option to notify local law enforcement and initiate a criminal investigation, the option to grant campus disciplinary officials access to the forensic interview, and the option to grant law enforcement officials access to the forensic interview. The confidential advisor shall assist in conducting a forensic interview, making notifications, and granting access to a forensic interview as directed by the victim. (E) The confidential advisor shall liaise with campus or local law enforcement when directed by the victim, and, as appropriate, may assist the victim in contacting and reporting to campus or local law enforcement. (F) The confidential advisor shall be authorized by the institution to arrange reasonable accommodations through the institution to allow the victim to change living arrangements or class schedules, or obtain accessibility services, and make other changes. (G) The confidential advisor shall also advise the victim of both the victim’s rights and the institution’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by the institution or a criminal, civil, or tribal court. (H) The confidential advisor shall not be obligated to report crimes to the institution or law enforcement, unless otherwise required to do so by State law, and shall provide confidential services to students and employees. Requests for arrangement made by a confidential advisor do not constitute notice to a responsible employee for title IX purposes, even when such advisors work only in the area of sexual assault. (I) The name and contact information for the confidential advisor, as well as a victims’ reporting options, the process of investigation and adjudication both by the institution and by law enforcement, and potential reasonable accommodations, which shall be listed on the website of the institution. (J) The institution may partner with an outside victim advocacy organization to provide the service described in this subparagraph. (K) Each institution that enrolls fewer than 1,000 students may partner with another institution in their region or State to provide the services described in this subparagraph. (L) The institution shall appoint an adequate number of confidential advisors not later than the earlier of— (i) 1 year after the Secretary determines through a negotiated rulemaking process what an adequate number of confidential advisors is for an institution based on its size; or (ii) 3 years after the date of enactment of the Campus Accountability and Safety Act. (2) The institution may provide an online reporting system to collect anonymous disclosures of crimes. The victim may submit an anonymous report but the institution would only be obligated to investigate when a formal report is submitted to a responsible employee. (3) The telephone number and URL for a local, State, or national hotline providing information to sexual violence victims shall be clearly communicated on the website of the institution and updated on a timely basis. (4) The name and location of the nearest medical facility where an individual may have a rape kit administered by a trained sexual violence forensic nurse shall be included on the website of the institution, including information on transportation options and reimbursement for a visit to such facility. (5) The institution shall provide an amnesty clause for any student who reports, in good faith, sexual violence to a responsible employee so that they will not be sanctioned by the institution for a student conduct violation, such as underage drinking, that is revealed in the course of such a report. . (b) Effective date Paragraphs (2) through (5) of section 125 of the Higher Education Act of 1965, as added by subsection (a), shall take effect on the date that is 1 year after the date of enactment of this Act. (c) Penalty (1) In general The Secretary of Education may impose a civil penalty of not more than 1 percent of an institution's operating budget, as defined by the Secretary, each year that the institution fails to carry out the requirements of— (A) section 125(1) of the Higher Education Act of 1965, as added by subsection (a), by not later than the earlier of— (i) 1 year after the Secretary of Education determines through a negotiated rulemaking process what an adequate number of confidential advisors is for the institution based on its size; or (ii) 3 years after the date of enactment of this Act; and (B) paragraphs (2) through (5) of section 125 of the Higher Education Act of 1965, as added by subsection (a), by the date that is 1 year after the date of enactment of this Act. (2) Voluntary resolution Nothing in this subsection shall prevent the Secretary of Education from entering into a voluntary resolution with an institution of higher education that fails to carry out the requirements of— (A) section 125(1) of the Higher Education Act of 1965, as added by subsection (a), by not later than the earlier of— (i) 1 year after the Secretary of Education determines through a negotiated rulemaking process what an adequate number of confidential advisors is for the institution based on its size; or (ii) 3 years after the date of enactment of this Act; and (B) paragraphs (2) through (5) of section 125 of the Higher Education Act of 1965, as added by subsection (a), by the date that is 1 year after the date of enactment of this Act. (d) Negotiated rulemaking The Secretary of Education shall establish regulations to carry out the this section and the amendment made by this section in accordance with the requirements described under section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a). 5. Program participation agreements Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) (12) The institution certifies that— (A) the institution is in compliance with the requirements of section 124 regarding coordination with local law enforcement; (B) the institution has established support for survivors of sexual violence that meets the requirements of section 125; and (C) the institution has complied with the disclosure requirements of section 485(f). . 6. Enforcement and training; subpoena authority Section 901 of the Education Amendments of 1972 ( 20 U.S.C. 1681 (d) Website The Secretary of Education shall establish a title IX website that includes the following: (1) The name and contact information for the title IX coordinator, including a brief description of the coordinator’s role and the roles of other officials who may be contacted to discuss or report sexual harassment, for each educational institution. Each educational institution shall provide the name and contact information for the title IX coordinator to the Secretary of Education not later than 30 days after the date of enactment of the Campus Accountability and Safety Act. (2) The Department’s pending investigations, enforcement actions, letters of finding, final resolutions, and voluntary resolution agreements for all complaints and compliance reviews under this title related to sexual harassment. The Secretary shall indicate whether the investigation, action, letter, resolution, or agreement is based on a complaint or compliance review. The Secretary shall make the information under this subsection available regarding a complaint once the Office for Civil Rights receives a written complaint, and conducts an initial evaluation, and has determined that the complaint should be opened for investigation of an allegation that, if substantiated, would constitute a violation of this title. In carrying out this subsection, the Secretary shall ensure that personally identifiable information is not reported and shall comply with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (e) Training of responsible employees and other employees (1) Responsible employee In this subsection, the term responsible employee (2) Training of responsible employees Each institution of higher education shall employ a responsible employee who shall complete minimum training requirements (as determined by the Secretary of Education in coordination with the Attorney General and to include training by local, State, or national victim services organizations) and shall be responsible for— (A) reporting cases of sexual harassment to the title IX coordinator of the institution; and (B) providing a student or employee who reports that the student or employee has been a victim of sexual harassment, including, but not limited to, sexual violence, whether the offense occurred on or off campus, with a written explanation of the student or employee’s rights and options, as described in clauses (ii) through (vii) of section 485(f)(8)(B) of the Higher Education Act of 1965. (3) Other/additional training Each individual who is involved in implementing an institution of higher education’s grievance procedures, including each individual who is responsible for resolving complaints of reported crimes, shall have training or experience in handling sexual violence complaints, and the operations of the institution’s grievance procedures, not later than 1 year after the date of enactment of the Campus Accountability and Safety Act. (A) information on working with and interviewing persons subjected to sexual violence; (B) information on particular types of conduct that would constitute sexual violence, including same-sex sexual violence; (C) information on consent and the role drugs or alcohol can play in the ability to consent; (D) the effects of trauma, including neurobiological change; and (E) cultural awareness training regarding how sexual violence may impact students differently depending on their cultural background. (4) Uniform campus-wide process for disciplinary proceeding relating to claim of sexual violence Each institution of higher education that receives Federal funding— (A) shall establish and carry out a uniform process (for each campus of the institution) for disciplinary proceedings relating to any claims of sexual violence; and (B) shall not carry out a different disciplinary process on the same campus for a matter of sexual violence, or alter the uniform process described in subparagraph (A), based on the status or characteristics of a student who will be involved in that disciplinary proceeding, including characteristics such as a student’s membership on an athletic team, academic major, or any other characteristic or status of a student. (f) Department of education and department of justice civil penalties for institutions of higher education (1) In general Upon determination, after reasonable notice and opportunity for a hearing, that an educational institution that is an institution of higher education has violated or failed to carry out any provision of this section in a factual circumstance related to sexual violence or any regulation prescribed under this section related to sexual violence, the Secretary of Education or Attorney General, may impose a civil penalty upon such institution of not more than 1 percent of the institution's 1-year operating budget, as defined by the Secretary of Education, for each violation or failure. A civil penalty shall not interfere with the Secretary’s or Attorney General’s ability to enter into a voluntary resolution agreement with an institution of higher education. (2) Adjustment to penalties Any civil penalty under paragraph (1) may be modified by the Secretary of Education or Attorney General. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the operating budget of the educational institution subject to the determination, and the gravity of the violation or failure, and whether the violation or failure was done intentionally, negligently, or otherwise, shall be considered. (3) Distribution Any civil monetary penalty or monetary settlement collected under this subsection shall be transferred to the Office for Civil Rights of the Department of Education or the Department of Justice to be used for purposes of enforcing the provisions of this title related to sexual harassment. (4) Clarification Nothing in the Campus Accountability and Safety Act (g) Statute of limitations An individual may file a complaint for a violation of this title, with regards to sexual violence, with the Office for Civil Rights of the Department of Education not later than 180 days after the date of graduation or disaffiliation with the institution. (h) Subpoena and civil investigative demand authority (1) Authority to compel In order to obtain information and documents that are relevant to determining compliance with this title, including any regulations promulgated to carry out this title, the Assistant Secretary of the Office for Civil Rights of the Department of Education and the Assistant Attorney General of the Civil Rights Division of the Department of Justice are authorized to require by subpoena the attendance and testimony of any person that one can reasonably believe to have first-hand knowledge, including current and former students and employees of institutions of higher education, and the production of documents, including reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information), and any tangible thing. (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) Civil investigative demand authority The Assistant Secretary of the Office for Civil Rights of the Department of Education and the Assistant Attorney General of the Civil Rights Division of the Department of Justice shall have civil investigative demand authority, which authorizes the request for documents of the institutions and written answers to interrogatories in order to determine compliance with title IX. (i) Coordinator Each educational institution that receives Federal financial assistance from the Department of Education shall submit, annually, to the Office for Civil Rights of the Department of Education and the Civil Rights Division of the Department of Justice, the name of the title IX coordinator of the institution, including a brief description of the coordinator's role and the roles of other officials of the institution who may be contacted to discuss or report sexual violence, and documentation of training received by the title IX coordinator. The educational institution shall provide updated information to the Office for Civil Rights of the Department of Education and the Civil Rights Division of the Department of Justice not later than 30 days after the date of any change. . 7. Training for campus personnel on victim-centered trauma-informed (forensic) interviews Section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045b) is amended— (1) in subsection (a)(2), by striking $300,000 $500,000 (2) in subsection (b), by adding at the end the following: (11) To train campus personnel in conducting victim-centered, trauma-informed (forensic) interviews. ; and (3) in subsection (g)— (A) by striking In this section (1) In general (B) by adding at the end the following: (2) Victim-centered, trauma-informed (forensic) interview In this section, the term victim-centered, trauma-informed (forensic) interview .

Campus Accountability and Safety Act

Women's Small Business Ownership Act of 2014 - Amends the Small Business Act to direct the Office of Women's Business Ownership within the Small Business Administration (SBA) to address issues concerning specified disciplines required for starting, operating, and increasing a small business. Authorizes the SBA Administrator to provide annual training for women's business ownership representatives. Authorizes the Administrator to provide financial assistance to qualifying entities to conduct projects designed to provide training and counseling meeting the needs of women business owners, especially socially and economically disadvantaged women business owners. Specifies assistance amounts of up to $250,000 per project year. Directs the Administrator to seek advice, input, and recommendations for policy changes from any association of women's business centers to develop: (1) a training program for the staff of such centers, and (2) recommendations to improve the policies and procedures for governing the general operations and administration of the women's business center program. Authorizes the Administrator, upon request by a recipient organization, to waive for a fiscal year (but not more than two consecutive fiscal years) the requirement to obtain matching non-federal funds for the organization's technical assistance and counseling activities carried out using financial assistance under the women's business center program. Directs the Comptroller General (GAO) to study: (1) the unique economic issues facing women's business centers located in predominately rural, urban, or insular areas; and (2) SBA oversight of women's business centers. Authorizes a contracting officer to award a sole source contract under this Act to small businesses owned and controlled by women if each of the businesses is at least 51% owned by one or more women who are economically disadvantaged (and such ownership is determined without regard to any community property law), and meets specified additional criteria. Authorizes a contracting officer to award a sole source contract to a small business owned and controlled by women meeting the same criteria in an industry in which such businesses are substantially underrepresented if the small business also meets specified certification requirements. Extends indefinitely the SBA Intermediary Lending Program (ILP). Replaces requirements governing ILP loan limits, including maximum amounts, with requirements that limit to: (1) $1 million a single loan to an eligible intermediary, (2) $5 million the total amount outstanding and committed to the intermediary by the Administrator under the ILP, and (3) $20 million the total amount of all ILP loans during each of FY2015-FY2017. Revises requirements for the SBA microloan program (direct loans to eligible intermediaries for making fixed interest rate microloans to startup, newly established, or growing small businesses). Increases the ILP's aggregate loan limit for intermediaries after their first year of participation from $5 million to $7 million. Eliminates limitations on an intermediary's use of funds from an accompanying marketing, management, and technical assistance grant to provide information and technical assistance to small businesses that are prospective borrowers. Prohibits the Administrator from collecting the guarantee fee on a guaranteed loan unless amounts are made available to subsidize the cost of guaranteeing such loans for FY2016. Expresses the sense of the Senate on access to capital for small businesses owned and controlled by women.

113 S2693 IS: Women's Small Business Ownership Act of 2014 U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2693 IN THE SENATE OF THE UNITED STATES July 30, 2014 Ms. Cantwell Mr. Cardin Mrs. Shaheen Mrs. Gillibrand Ms. Baldwin Mr. Walsh Committee on Small Business and Entrepreneurship A BILL To reauthorize the women's business center program of the Small Business Administration, and for other purposes. 1. Short title This Act may be cited as the Women's Small Business Ownership Act of 2014 2. Definition In this Act— (1) the terms Administration Administrator (2) the term disability (3) the term microloan program 15 U.S.C. 636(m) (4) the term rural small business concern (5) the terms small business concern small business concern owned and controlled by veterans small business concern owned and controlled by women 15 U.S.C. 632 3. Office of Women’s Business Ownership Section 29(g) of the Small Business Act 15 U.S.C. 656(g) (1) in paragraph (2)— (A) in subparagraph (B)— (i) in clause (i), by striking “in the areas” and all that follows through the end of subclause (I), and inserting the following: “to address issues concerning the management, operations, manufacturing, technology, finance, retail and product sales, international trade, Government contracting, and other disciplines required for— (I) starting, operating, and increasing the business of a small business concern; ; and (ii) in clause (ii), by striking Women's Business Center program women's business center program (B) in subparagraph (C), by inserting before the period at the end the following: , the National Women’s Business Council, and any association of women’s business centers (2) by adding at the end the following: (3) Training The Administrator may provide annual programmatic and financial examination training for women’s business ownership representatives and district office technical representatives of the Administration to enable representatives to carry out their responsibilities. (4) Program and transparency improvements The Administrator shall maximize the transparency of the women’s business center financial assistance proposal process and the programmatic and financial examination process by— (A) providing public notice of any announcement for financial assistance under subsection (b) or a grant under subsection (l); (B) in the announcement described in subparagraph (A), outlining award and program evaluation criteria and describing the weighting of the criteria for financial assistance under subsection (b) and grants under subsection (l); and (C) not later than 60 days after the completion of a site visit to the women's business center (whether conducted for an audit, performance review, or other reason), when feasible, providing to each women’s business center a copy of any site visit reports or evaluation reports prepared by district office technical representatives or officers or employees of the Administration. . 4. Women’s Business Center Program (a) Women’s Business Center financial assistance Section 29 of the Small Business Act 15 U.S.C. 656 (1) in subsection (a)— (A) by striking paragraph (4); (B) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (C) by inserting after paragraph (1) the following: (2) the term association of women’s business centers (A) that represents not less than 51 percent of the women’s business centers that participate in a program under this section; and (B) whose primary purpose is to represent women’s business centers; (3) the term eligible entity (A) a private nonprofit organization; (B) a State, regional, or local economic development organization; (C) a development, credit, or finance corporation chartered by a State; (D) a junior or community college, as defined in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) (E) any combination of entities listed in subparagraphs (A) through (D); ; and (D) by adding after paragraph (5), as so redesignated, the following: (6) the term women's business center ; (2) in subsection (b)— (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), and adjusting the margins accordingly; (B) by striking The Administration 5-year projects (1) In general The Administration may provide financial assistance to an eligible entity to conduct a project under this section ; (C) by striking The projects shall (2) Use of funds The project shall be designed to provide training and counseling that meets the needs of women, especially socially and economically disadvantaged women, and shall ; and (D) by adding at the end the following: (3) Amount of financial assistance The Administrator may award financial assistance under this subsection of not more than $250,000 per project year. (4) Consultation with associations of women’s business centers The Administrator shall seek advice, input, and recommendations for policy changes from any association of women’s business centers to develop— (A) a training program for the staff of women’s business centers; and (B) recommendations to improve the policies and procedures for governing the general operations and administration of the women’s business center program, including grant program improvements under subsection (g)(4). ; (3) in subsection (c)— (A) in paragraph (1) by striking the recipient organization an eligible entity (B) in paragraph (3), in the second sentence, by striking a recipient organization an eligible entity (C) in paragraph (4)— (i) by striking recipient of assistance eligible entity (ii) by striking such organization the eligible entity (iii) by striking recipient eligible entity (D) by adding at the end the following: (5) Separation of project and funds An eligible entity shall— (A) carry out a project under this section separately from other projects, if any, of the eligible entity; and (B) separately maintain and account for any financial assistance under this section. ; (4) in subsection (e)— (A) by striking applicant organization eligible entity (B) by striking a recipient organization an eligible entity (C) by striking site (5) by striking subsection (f) and inserting the following: (f) Applications and criteria for initial financial assistance (1) Application Each eligible entity desiring financial assistance under subsection (b) shall submit to the Administrator an application that contains— (A) a certification that the eligible entity— (i) has designated an executive director or program manager, who may be compensated using financial assistance under subsection (b) or other sources, to manage the center; (ii) as a condition of receiving financial assistance under subsection (b), agrees— (I) to receive a site visit at the discretion of the Administrator as part of the final selection process; (II) to undergo an annual programmatic and financial examination; and (III) to remedy any problems identified pursuant to the site visit or examination under subclause (I) or (II); and (iii) meets the accounting and reporting requirements established by the Director of the Office of Management and Budget; (B) information demonstrating that the eligible entity has the ability and resources to meet the needs of the market to be served by the women's business center for which financial assistance under subsection (b) is sought, including the ability to obtain the non-Federal contribution required under subsection (c); (C) information relating to the assistance to be provided by the women's business center for which financial assistance under subsection (b) is sought in the area in which the women's business center is located; (D) information demonstrating the experience and effectiveness of the eligible entity in— (i) conducting financial, management, and marketing assistance programs, as described in subsection (b)(2), which are designed to teach or upgrade the business skills of women who are business owners or potential business owners; (ii) providing training and services to a representative number of women who are socially and economically disadvantaged; and (iii) working with resource partners of the Administration and other entities, such as universities; and (E) a 5-year plan that describes the ability of the women's business center for which financial assistance is sought— (i) to serve women who are business owners or potential business owners by conducting training and counseling activities; and (ii) to provide training and services to a representative number of women who are socially and economically disadvantaged. (2) Review and approval of applications for initial financial assistance (A) In general The Administrator shall— (i) review each application submitted under paragraph (1), based on the information described in such paragraph and the criteria set forth under subparagraph (B) of this paragraph; and (ii) to the extent practicable, as part of the final selection process, conduct a site visit to each women's business center for which financial assistance under subsection (b) is sought. (B) Selection criteria (i) In general The Administrator shall evaluate applicants for financial assistance under subsection (b) in accordance with selection criteria that are— (I) established before the date on which applicants are required to submit the applications; (II) stated in terms of relative importance; and (III) publicly available and stated in each solicitation for applications for financial assistance under subsection (b) made by the Administrator. (ii) Required criteria The selection criteria for financial assistance under subsection (b) shall include— (I) the experience of the applicant in conducting programs or ongoing efforts designed to teach or enhance the business skills of women who are business owners or potential business owners; (II) the ability of the applicant to begin a project within a minimum amount of time, as established under the program announcement or by regulation; (III) the ability of the applicant to provide training and services to a representative number of women who are socially and economically disadvantaged; and (IV) the location for the women's business center proposed by the applicant, including whether the applicant is located in a State in which there is not a women's business center receiving funding from the Administration. (C) Proximity If the principal place of business of an applicant for financial assistance under subsection (b) is located less than 50 miles from the principal place of business of a women’s business center that received funds under this section on or before the date of the application, the applicant shall not be eligible for the financial assistance, unless the applicant submits a detailed written justification of the need for an additional center in the area in which the applicant is located. (D) Record retention The Administrator shall maintain a copy of each application submitted under this subsection for not less than 7 years. ; and (6) in subsection (m)— (A) by striking paragraph (3) and inserting the following: (3) Application and approval for renewal grants (A) Solicitation of applications The Administrator shall solicit applications and award grants under this subsection for the first fiscal year beginning after the date of enactment of the Women's Small Business Ownership Act of 2014 (B) Contents of application Each eligible entity desiring a grant under this subsection shall submit to the Administrator an application that contains— (i) a certification that the applicant— (I) is an eligible entity; (II) has designated an executive director or program manager to manage the women's business center operated by the applicant; and (III) as a condition of receiving a grant under this subsection, agrees— (aa) to receive a site visit as part of the final selection process; (bb) to submit, for the 2 full fiscal years before the date on which the application is submitted, annual programmatic and financial examination reports or certified copies of the compliance supplemental audits under OMB Circular A–133 of the applicant; and (cc) to remedy any problem identified pursuant to the site visit or examination under item (aa) or (bb); (ii) information demonstrating that the applicant has the ability and resources to meet the needs of the market to be served by the women's business center for which a grant under this subsection is sought, including the ability to obtain the non-Federal contribution required under paragraph (4)(C); (iii) information relating to assistance to be provided by the women's business center in the area served by the women's business center for which a grant under this subsection is sought; (iv) information demonstrating that the applicant has worked with resource partners of the Administration and other entities; (v) a 3-year plan that describes the ability of the women's business center for which a grant under this subsection is sought— (I) to serve women who are business owners or potential business owners by conducting training and counseling activities; and (II) to provide training and services to a representative number of women who are socially and economically disadvantaged; and (vi) any additional information that the Administrator may reasonably require. (C) Review and approval of applications for grants (i) In general The Administrator shall— (I) review each application submitted under subparagraph (B), based on the information described in such subparagraph and the criteria set forth under clause (ii) of this subparagraph; and (II) at the discretion of the Administrator, and as part of the final selection process, conduct a site visit to each women's business center for which a grant under this subsection is sought. (ii) Selection criteria (I) In general The Administrator shall evaluate applicants for grants under this subsection in accordance with selection criteria that are— (aa) established before the date on which applicants are required to submit the applications; (bb) stated in terms of relative importance; and (cc) publicly available and stated in each solicitation for applications for grants under this subsection made by the Administrator. (II) Required criteria The selection criteria for a grant under this subsection shall include— (aa) the total number of entrepreneurs served by the applicant; (bb) the total number of new startup companies assisted by the applicant; (cc) the percentage of clients of the applicant that are socially or economically disadvantaged; and (dd) the percentage of individuals in the community served by the applicant who are socially or economically disadvantaged. (iii) Conditions for continued funding In determining whether to make a grant under this subsection, the Administrator— (I) shall consider the results of the most recent evaluation of the women's business center for which a grant under this subsection is sought, and, to a lesser extent, previous evaluations; and (II) may withhold a grant under this subsection, if the Administrator determines that the applicant has failed to provide the information required to be provided under this paragraph, or the information provided by the applicant is inadequate. (D) Notification Not later than 60 days after the date of each deadline to submit applications, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application of the approval or denial. (E) Record retention The Administrator shall maintain a copy of each application submitted under this paragraph for not less than 7 years. ; and (B) by striking paragraph (5) and inserting the following: (5) Award to previous recipients There shall be no limitation on the number of times the Administrator may award a grant to an applicant under this subsection. . (b) Technical and conforming amendments Section 29 of the Small Business Act 15 U.S.C. 656 (1) in subsection (h)(2), by striking to award a contract (as a sustainability grant) under subsection (l) or (2) in subsection (j)(1), by striking The Administration Not later than November 1 of each year, the Administrator (3) in subsection (k)— (A) by striking paragraphs (1) and (4); (B) by redesignating paragraph (3) as paragraph (4); (C) by inserting before paragraph (2) the following: (1) In general There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $26,750,000 for each of fiscal years 2015 through 2019. ; and (D) by inserting after paragraph (2) the following: (3) Continuing grant and cooperative agreement authority (A) Prompt disbursement Upon receiving funds to carry out this section for a fiscal year, the Administrator shall, to the extent practicable, promptly reimburse funds to any women’s business center awarded financial assistance under this section if the center meets the eligibility requirements under this section. (B) Suspension or termination If the Administrator has entered into a grant or cooperative agreement with a women's business center under this section, the Administrator may not suspend or terminate the grant or cooperative agreement, unless the Administrator— (i) provides the women's business center with written notification setting forth the reasons for that action; and (ii) affords the women's business center an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 ; (4) in subsection (m)— (A) in paragraph (2), by striking subsection (b) or (l) this subsection or subsection (b) (B) in paragraph (4)(D), by striking or subsection (l) (5) by redesignating subsections (m), (n), and (o), as amended by this Act, as subsections (l), (m), and (n), respectively. (c) Effect on existing grants (1) Terms and conditions A nonprofit organization receiving a grant under section 29(m) of the Small Business Act ( 15 U.S.C. 656(m) 15 U.S.C. 656(m)(5) (2) Length of renewal grant The Administrator may award a grant under section 29(l) of the Small Business Act, as so redesignated by subsection (a)(5) of this section, to a nonprofit organization receiving a grant under section 29(m) of the Small Business Act ( 15 U.S.C. 656(m) (A) beginning on the day after the last day of the grant agreement under such section 29(m); and (B) ending at the end of the third fiscal year beginning after the date of enactment of this Act. 5. Matching requirements under women's business center program (a) In general Section 29(c) of the Small Business Act ( 15 U.S.C. 656(c) (1) in paragraph (1), by striking As a condition Subject to paragraph (6), as a condition (2) by adding at the end the following: (6) Waiver of non-Federal share relating to technical assistance and counseling (A) In general Upon request by a recipient organization, and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under this subsection for the technical assistance and counseling activities of the recipient organization carried out using financial assistance under this section for a fiscal year. The Administrator may not waive the requirement for a recipient organization to obtain non-Federal funds under this paragraph for more than a total of 2 consecutive fiscal years. (B) Considerations In determining whether to waive the requirement to obtain non-Federal funds under this paragraph, the Administrator shall consider— (i) the economic conditions affecting the recipient organization; (ii) the impact a waiver under this clause would have on the credibility of the women's business center program under this section; (iii) the demonstrated ability of the recipient organization to raise non-Federal funds; and (iv) the performance of the recipient organization. (C) Limitation The Administrator may not waive the requirement to obtain non-Federal funds under this paragraph if granting the waiver would undermine the credibility of the women's business center program under this section. (7) Solicitation Notwithstanding any other provision of law, a recipient organization may— (A) solicit cash and in-kind contributions from private individuals and entities to be used to carry out the activities of the recipient organization under the project conducted under this section; and (B) use amounts made available by the Administration under this section for the cost of such solicitation and management of the contributions received. . (b) Regulations (1) In general The Administrator shall— (A) except as provided in paragraph (2), and not later than 1 year after the date of enactment of this Act, publish in the Federal Register proposed regulations by the Administrator to carry out the amendments made to section 29 of the Small Business Act by this Act; and (B) accept public comments on such proposed regulations for not less than 60 days. (2) Existing proposed regulations Paragraph (1)(A) shall not apply to the extent proposed regulations by the Administrator have been published on the date of enactment of this Act that are sufficient to carry out the amendments made to section 29 of the Small Business Act by this Act. 6. Study and report on economic issues facing women's business centers (a) Study The Comptroller General of the United States shall conduct a broad study of the unique economic issues facing women's business centers located in covered areas to identify— (1) the difficulties such centers face in raising non-Federal funds; (2) the difficulties such centers face in competing for financial assistance, non-Federal funds, or other types of assistance; (3) the difficulties such centers face in writing grant proposals; and (4) other difficulties such centers face because of the economy in the type of covered area in which such centers are located. (b) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study under subsection (a), which shall include recommendations, if any, regarding how to— (1) address the unique difficulties women's business centers located in covered areas face because of the type of covered area in which such centers are located; (2) expand the presence of, and increase the services provided by, women's business centers located in covered areas; and (3) best use technology and other resources to better serve women business owners located in covered areas. (c) Definition of covered area In this section, the term covered area (1) any State that is predominantly rural, as determined by the Administrator; (2) any State that is predominantly urban, as determined by the Administrator; and (3) any State or territory that is an island. 7. Study and report on oversight of women's business centers (a) Study The Comptroller General of the United States shall conduct a study of the oversight of women's business centers by the Administrator, which shall include— (1) an analysis of the coordination by the Administrator of the activities of women's business centers with the activities of small business development centers, the Service Corps of Retired Executives, and Veteran Business Outreach Centers; (2) a comparison of the types of individuals and small business concerns served by women's business centers and the types of individuals and small business concerns served by small business development centers, the Service Corps of Retired Executives, and Veteran Business Outreach Centers; and (3) an analysis of performance data for women's business centers that evaluates how well women's business centers are carrying out the mission of women's business centers and serving individuals and small business concerns. (b) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study under subsection (a), which shall include recommendations, if any, for eliminating the duplication of services provided by women's business centers, small business development centers, the Service Corps of Retired Executives, and Veteran Business Outreach Centers. 8. Sole source contracts for small business concerns owned and controlled by women (a) In general Section 8(m) of the Small Business Act ( 15 U.S.C. 637(m) (7) Authority for sole source contracts for economically disadvantaged small business concerns owned and controlled by women in underrepresented industries A contracting officer may award a sole source contract under this subsection to a small business concern owned and controlled by women that meets the requirements under paragraph (2)(A) if— (A) the small business concern owned and controlled by women is in an industry in which small business concerns owned and controlled by women are underrepresented, as determined by the Administrator; (B) the contracting officer determines that the small business concern owned and controlled by women is a responsible contractor with respect to performance of the contract opportunity; (C) the anticipated award price of the contract, including options, is not more than— (i) $6,500,000, in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (ii) $4,000,000, in the case of any other contract opportunity; and (D) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. (8) Authority for sole source contracts for small business concerns owned and controlled by women in substantially underrepresented industries A contracting officer may award a sole source contract under this subsection to a small business concern owned and controlled by women that meets the requirements under paragraph (2)(E) if— (A) the small business concern owned and controlled by women is in an industry in which small business concerns owned and controlled by women are substantially underrepresented, as determined by the Administrator; (B) the contracting officer determines that the small business concern owned and controlled by women is a responsible contractor with respect to performance of the contract opportunity; (C) the anticipated award price of the contract, including options, is not more than— (i) $6,500,000, in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (ii) $4,000,000, in the case of any other contract opportunity; and (D) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. . (b) Reporting on goals for sole source contracts for small business concerns owned and controlled by women Section 15(h)(2)(E)(viii) of the Small Business Act ( 15 U.S.C. 644(h)(2)(E)(viii) (1) in subclause (IV), by striking and (2) by redesignating subclause (V) as subclause (VIII); and (3) by inserting after subclause (IV) the following: (V) through sole source contracts awarded under section 8(m)(7); (VI) through sole source contracts awarded under section 8(m)(8); (VII) by industry for contracts described in subclause (III), (IV), (V), or (VI); and . (c) Deadline for report on underrepresented industries accelerated Section 29(o)(2) of the Small Business Act ( 15 U.S.C. 656(o)(2) (1) by striking 5 years after the date of enactment of this subsection January 2, 2015 (2) by striking 5-year period 2-year or 5-year period, as applicable, (d) Technical and conforming amendments Section 8(m) of the Small Business Act ( 15 U.S.C. 637(m) (1) in paragraph (2)(C), by striking paragraph (3) paragraph (4) (2) in paragraph (5), by striking paragraph (2)(F) paragraph (2)(E) 9. Small business intermediary lending program Section 7(l) of the Small Business Act ( 15 U.S.C. 636(l) (1) in the subsection heading, by striking Pilot (2) in paragraph (1)(B), by striking pilot (3) in paragraph (2)— (A) by striking 3-year (B) by striking pilot (4) in paragraph (4)— (A) by striking subparagraph (B) and inserting the following: (B) Loan limits (i) In general No single loan to an eligible intermediary under this subsection may exceed $1,000,000. (ii) Total amount The total amount outstanding and committed to an eligible intermediary by the Administrator under the Program may not exceed $5,000,000. ; and (B) by striking subparagraph (G) and inserting the following: (G) Maximum amounts The Administrator may make loans under the Program— (i) during each of fiscal years 2015, 2016, and 2017, in a total amount of not more than $20,000,000; and (ii) during fiscal year 2018 and each fiscal year thereafter, using such amounts as are made available for the Program. ; and (5) by striking paragraph (6). 10. Access to capital for small business concerns (a) Microloan program Section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) (1) in paragraph (1)(B)(i), by striking short-term, (2) in paragraph (3)(C), by striking $5,000,000 $7,000,000 (3) in paragraph (4)— (A) by striking subparagraph (E); and (B) by redesignating subparagraph (F) as subparagraph (E); (4) in paragraph (6)— (A) in subparagraph (A), by striking short-term, (B) by adding at the end the following: (F) Report to commercial credit reporting agencies The Administrator shall establish a process under which an intermediary that makes a loan to a small business concern under this paragraph shall provide to 1 or more of the commercial credit reporting agencies, through the Administration or independently, including through third party intermediaries, information on the small business concern that is relevant to credit reporting, including the payment activity of the small business concern on the loan. ; (5) in paragraph (7)— (A) by striking Program Under Number of participants. (B) by striking subparagraph (B); (6) in paragraph (8), by striking such intermediaries intermediaries that serve a diversity of geographic areas in the United States to ensure appropriate availability of loans for small business concerns in all industries that are located in metropolitan, nonmetropolitan, and rural areas. (7) in paragraph (11)(B), by striking short-term, (b) Guarantee fee waiver During fiscal year 2016, the Administrator may not collect a guarantee fee under section 7(a)(18)(A)(i) of the Small Business Act ( 15 U.S.C. 636(a)(18)(A)(i) (c) Annual report (1) In general Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Office of Capital Access of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on assistance provided by the Administration under— (A) section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) (B) the microloan program; (C) part A of title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. (D) section 502 of the Small Business Investment Act of 1958 ( 15 U.S.C. 696 (2) Requirement Each report required under paragraph (1) shall include, for the year preceding the date on which the report is submitted— (A) for each type of assistance described under subparagraphs (A), (B), and (D) of paragraph (1)— (i) the number of loans made by the Administration; (ii) the total amount of loans made by the Administration; (iii) the percentage of the number and total amount of loans made by the Administration to— (I) rural small business concerns; (II) small business concerns owned and controlled by individuals with a disability; (III) small business concerns owned and controlled by low-income individuals, broken down by each racial or ethnic minority group of which those individuals are members; (IV) small business concerns owned and controlled by veterans; (V) small business concerns owned and controlled by women; and (VI) small business concerns owned and controlled by members of a racial or ethnic minority group, broken down by each such racial or ethnic minority group; and (iv) the number of jobs created and retained by borrowers as a result of such assistance; and (B) for assistance described under subparagraph (C) of paragraph (1)— (i) the number of investments made by small business investment companies; (ii) the total amount of equity capital provided and loans made by small business investment companies; (iii) the percentage of the number of investments and loans made and total amount of equity capital provided by small business investment companies to— (I) rural small business concerns; (II) small business concerns owned and controlled by individuals with a disability; (III) small business concerns owned and controlled by low-income individuals, broken down by each racial or ethnic minority group of which those individuals are members; (IV) small business concerns owned and controlled by veterans; (V) small business concerns owned and controlled by women; and (VI) small business concerns owned and controlled by members of a racial or ethnic minority group, broken down by each such racial or ethnic minority group; (iv) the number of jobs created and retained by small business concerns as a result of investments made by small business investment companies; and (v) the number of licenses issued by the Administration under section 301(c) of the Small Business Investment Act ( 15 U.S.C. 681(c) 11. Sense of the Senate It is the sense of the Senate that— (1) access to capital for small business concerns owned and controlled by women comes from a variety of sources, including important contributions and early investments from angel capital and other venture capital investors; and (2) those investors should continue to work to develop small business concerns owned and controlled by women to expand the rate at which those women receive venture investment.

Women's Small Business Ownership Act of 2014

Survivor Outreach and Support Campus Act or the SOS Campus Act - Amends the Higher Education Act of 1965 to require each institution of higher education (IHE) that participates in the programs under title IV (Student Assistance) to designate an independent advocate for campus sexual assault prevention and response (Advocate) with experience in providing sexual assault victim services. Directs the Secretary of Education to prescribe regulations for IHEs to follow in appointing Advocates. Requires each Advocate to: (1) report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints at the IHE, (2) submit to such individual an annual report summarizing how the resources supplied to the Advocate were used, and (3) represent the interests of each student victim even when they conflict with the IHE's interests. Directs each Advocate to: ensure that sexual assault victims at the IHE receive, with their consent, specified information and services; guide sexual assault victims who request assistance through the reporting, counseling, administrative, medical and health, academic accommodations, or legal processes of the IHE or local law enforcement; attend, at the request of a sexual assault victim, any administrative or IHE-based adjudication proceeding related to such assault as an advocate for the victim; maintain the privacy and confidentiality of the victim and any witness to such sexual assault, without notifying the IHE or any other authority of the identity of the victim or of any such witness or the alleged circumstances surrounding the reported sexual assault, unless otherwise required to do so by state law; and conduct a public information campaign to inform the students enrolled at the IHE of the existence of, contact information for, and services provided by the Advocate.

113 S2695 IS: SOS Campus Act U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2695 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mrs. Boxer Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to require institutions of higher education to have an independent advocate for campus sexual assault prevention and response. 1. Short title This Act may be cited as the Survivor Outreach and Support Campus Act SOS Campus Act 2. Independent advocate for campus sexual assault prevention and response Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. 124. Independent advocate for campus sexual assault prevention and response (a) Advocate (1) In general (A) Designation Each institution of higher education that receives Federal financial assistance under title IV shall designate an independent advocate for campus sexual assault prevention and response (referred to in this section as the Advocate (B) Notification of existence of and information for the advocate Each employee of an institution described in subparagraph (A) who receives a report of sexual assault shall notify the victim of the existence of, contact information for, and services provided by the Advocate of the institution. (C) Appointment Not later than 180 days after the date of enactment of the Survivor Outreach and Support Campus Act (i) report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints at the institution; and (ii) submit to such individual an annual report summarizing how the resources supplied to the advocate were used, including the number of male and female sexual assault victims assisted. (2) Role of the advocate In carrying out the responsibilities described in this section, the Advocate shall represent the interests of the student victim even when in conflict with the interests of the institution. (b) Sexual assault In this section, the term sexual assault (c) Responsibilities of the advocate Each Advocate shall carry out the following, regardless of whether the victim wishes the victim's report to remain confidential: (1) (A) Ensure that victims of sexual assault at the institution receive, with the victim’s consent, the following sexual assault victim’s assistance services available 24 hours a day: (i) Information on how to report a campus sexual assault to law enforcement. (ii) Emergency medical care, including follow up medical care as requested. (iii) Medical forensic or evidentiary examinations. (B) Ensure that victims of sexual assault at the institution receive, with the victim’s consent, the following sexual assault victim’s assistance services: (i) Crisis intervention counseling and ongoing counseling. (ii) Information on the victim’s rights and referrals to additional support services. (iii) Information on legal services. (C) The services described in subparagraphs (A) and (B) may be provided either— (i) on the campus of the institution in consultation with a rape crisis center, legal organization, or other community-based organization; or (ii) pursuant to a memorandum of understanding (that includes transportation services), at a rape crisis center, legal organization, or other community-based organization located within a reasonable distance from the institution. (D) A victim of sexual assault may not be disciplined, penalized, or otherwise retaliated against for reporting such assault to the Advocate. (2) Guide victims of sexual assault who request assistance through the reporting, counseling, administrative, medical and health, academic accommodations, or legal processes of the institution or local law enforcement. (3) Attend, at the request of the victim of sexual assault, any administrative or institution-based adjudication proceeding related to such assault as an advocate for the victim. (4) Maintain the privacy and confidentiality of the victim and any witness of such sexual assault, and shall not notify the institution or any other authority of the identity of the victim or any such witness or the alleged circumstances surrounding the reported sexual assault, unless otherwise required by the applicable laws in the State where such institution is located. (5) Conduct a public information campaign to inform the students enrolled at the institution of the existence of, contact information for, and services provided by the Advocate, including— (A) posting information— (i) on the website of the institution; (ii) in student orientation materials; and (iii) on posters displayed in dormitories, cafeterias, sports arenas, locker rooms, entertainment facilities, and classrooms; and (B) training coaches, faculty, school administrators, resident advisors, and other staff to provide information on the existence of, contact information for, and services provided by the Advocate. (d) Clery Act and title IX Nothing in this section shall alter or amend the rights, duties, and responsibilities under section 485(f) or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (also known as the Patsy Takemoto Mink Equal Opportunity in Education Act). .

SOS Campus Act

Regulatory Easement for Lending Institutions that Enable a Vibrant Economy Act of 2014 or the RELIEVE Act - Directs the Board of Governors of the Federal Reserve System to publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors that apply the policy (unless exclusion is warranted for supervisory purposes) to bank holding companies and savings and loan holding companies with pro forma consolidated assets of less than $1 billion, and which: are not engaged in significant nonbanking activities either directly or through a nonbank subsidiary, do not conduct significant off-balance sheet activities (including securitization and asset management or administration) either directly or through a nonbank subsidiary, and do not have a material amount of debt or equity securities outstanding (other than trust preferred securities) registered with the Securities and Exchange Commission (SEC). Amends the Truth in Lending Act to limit to a city or town with under 50,000 inhabitants the meaning of "rural" with respect to rural lenders which may presume that the applicant for a residential mortgage loan has a reasonable ability to repay the loan and all applicable taxes, insurance, and assessments. Amends the Federal Credit Union Act regarding insured amounts payable in connection with a bankrupt state-chartered credit union for which the National Credit Union Administration (NCUA) Board is the liquidating agent. Revises requirements relating to the limitation to the standard maximum share insurance amount ($250,000) for the net amount of share insurance payable to any member at an insured credit union in the event of such a bankruptcy. Applies the limitation also to any person with funds lawfully held in a member account. Requires the Board to provide pass-through share insurance paid by certain lawyers administering deposits or shares of any interest on a lawyer's trust account (IOLTA), or paid by the escrow agent administering other similar escrow accounts. Defines "IOLTA" as a system in which lawyers place certain client funds in interest-bearing or dividend-bearing accounts, with the interest or dividends then used to fund programs such as legal service organizations providing services to clients in need. Treats IOLTAs as escrow accounts for share insurance purposes, and considers them as member accounts if the administering attorney or escrow agent is a member of the insured credit union in which the funds are held.

113 S2698 IS: RELIEVE Act U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2698 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. King Mr. Warner Mr. Tester Mrs. Fischer Committee on Banking, Housing, and Urban Affairs A BILL To provide regulatory easement for lending institutions that enable a vibrant economy. 1. Short title (a) Short title This Act may be cited as the Regulatory Easement for Lending Institutions that Enable a Vibrant Economy Act of 2014 RELIEVE Act (b) Table of Contents The table of contents for this Act is as follows: Sec. 1. Short title. TITLE I—Expansion of small bank holding company policy statement definition Sec. 101. Changes required to small bank holding company policy statement on assessment of financial and managerial factors. Sec. 102. Conforming amendment. Sec. 103. Definitions. TITLE II—Qualified mortgages for rural lenders Sec. 201. Qualified mortgages for rural lenders. TITLE III—Insurance of amounts held on behalf of others Sec. 301. Insurance of amounts held on behalf of others. I Expansion of small bank holding company policy statement definition 101. Changes required to small bank holding company policy statement on assessment of financial and managerial factors (a) In general Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System (hereafter in this Act referred to as the Board (1) are not engaged in significant nonbanking activities either directly or through a nonbank subsidiary; (2) do not conduct significant off-balance sheet activities (including securitization and asset management or administration) either directly or through a nonbank subsidiary; and (3) do not have a material amount of debt or equity securities outstanding (other than trust preferred securities) that are registered with the Securities and Exchange Commission. (b) Exclusions The Board may exclude any bank holding company or savings and loan holding company, regardless of asset size, from the policy statement under subsection (a) if the Board determines that such action is warranted for supervisory purposes. 102. Conforming amendment Section 171(b)(5)(C) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5371(b)(5)(C)) is amended by inserting or small savings and loan holding company any small bank holding company 103. Definitions For the purposes of this title: (a) Bank holding company The term bank holding company 12 U.S.C. 1841 (b) Savings and loan holding The term savings and loan holding company 12 U.S.C. 1467a(a) II Qualified mortgages for rural lenders 201. Qualified mortgages for rural lenders Section 129C(b)(2) of the Truth in Lending Act ( 15 U.S.C. 1639c(b)(2) (1) in subparagraph (E)(vi)(II), by striking a limit set by the Board 1,000 per year (2) by inserting after subparagraph (E) the following: (F) Rural The term rural (i) a city or town that has a population of greater than 50,000 inhabitants; and (ii) any urbanized area contiguous and adjacent to a city or town described in clause (i). . III Insurance of amounts held on behalf of others 301. Insurance of amounts held on behalf of others Section 207(k) of the Federal Credit Union Act ( 12 U.S.C. 1787(k) (1) in paragraph (1)(A)— (A) by inserting after payable to any member , or to any person with funds lawfully held in a member account, (B) by striking and paragraphs (5) and (6) (2) in paragraph (2)(A), by striking (as determined under paragraph (5)) (3) by redesignating paragraph (5) as paragraph (6); and (4) by inserting after paragraph (4) the following: (5) Coverage for interest on lawyers trust accounts and other similar escrow accounts (A) Pass-through insurance The Administration shall provide pass-through share insurance for the deposits or shares of any interest on lawyers trust account (commonly referred to as IOLTA (B) Treatment of IOLTAs (i) Treatment as escrow accounts For share insurance purposes, IOLTAs are treated as escrow accounts. (ii) Treatment as member accounts IOLTAs and other similar escrow accounts are considered member accounts for purposes of paragraph (1), if the attorney administering the IOLTA or the escrow agent administering the escrow account is a member of the insured credit union in which the funds are held. (C) Definitions For purposes of this paragraph: (i) Interest on lawyers trust account The terms interest on lawyers trust account IOLTA (ii) Pass-through share insurance The term pass-through share insurance (D) Rule of construction No provision of this paragraph shall be construed as authorizing an insured credit union to accept the deposits of an IOLTA or similar escrow account in an amount greater than such credit union is authorized to accept under any other provision of Federal or State law. .

RELIEVE Act

Honor Those Who Served Act of 2014 - Authorizes the following persons to request a headstone or marker to be furnished by the Secretary of Veterans Affairs (VA) to commemorate an eligible decedent: the decedent's next of kin; a person authorized in writing by the decedent's next of kin to make such request; a personal representative authorized in writing by the decedent to make such request; in the case of a decedent for which no such person may be identified, a state veterans service agency, a military researcher, a local historian, or a genealogist or other person familiar with the research sources and methods necessary to prove the identity of the decedent; or in the case of a decedent who is a veteran who served on active duty in the Armed Forces at least 75 years before the date on which the headstone or marker is requested, any person (subject to a request by the decedent's next of kin to change the placement of, or to remove, such headstone or marker). Permits the last two categories of persons to request emblems of belief for such a headstone or marker only when such a person can provide sufficient evidence regarding the decedent's religious beliefs.

113 S2700 IS: Honor Those Who Served Act of 2014 U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2700 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Portman Mr. Tester Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to identify the persons who are eligible to request headstones or markers furnished by the Secretary of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Honor Those Who Served Act of 2014 2. Persons eligible to request headstones or markers furnished by the Secretary of Veterans Affairs (a) In general Section 2306 of title 38, United States Code, is amended by adding at the end the following new subsection: (h) (1) A person may request a headstone or marker to commemorate a decedent under this section if the person is— (A) the decedent’s next of kin; (B) a person authorized in writing by the decedent’s next of kin to make such request; (C) a personal representative authorized in writing by the decedent to make such request; (D) in the case of a decedent for which no person described in subparagraph (A), (B), or (C) may be identified, a State veterans service agency, a military researcher, a local historian, or a genealogist or other person familiar with the research sources and methods necessary to prove the identity of the decedent; or (E) in the case of a decedent who is a veteran who served on active duty in the Armed Forces at least 75 years before the date on which the headstone or marker is requested, any person. (2) In the case of a request for a headstone or marker under this section for a decedent described in subparagraph (E) of paragraph (1) made by a person who is not the decedent's next of kin, the Secretary shall ensure that the decedent's next of kin has the opportunity to object to the placement of the headstone or marker or request the removal of the headstone or marker, as appropriate. (3) In the case of a request for a headstone or marker under this section for a decedent described in subparagraph (D) or (E) of paragraph (1) made by a person who is not described in subparagraph (A), (B), or (C) of such paragraph, the person requesting the headstone or marker may only request an emblem of belief for the headstone or marker if the person can provide sufficient evidence regarding the religious beliefs of the decedent. . (b) Effective date Subsection (h) of section 2306 of such title, as added by subsection (a), shall apply with respect to a request for a headstone or marker submitted after the date of the enactment of this Act.

Honor Those Who Served Act of 2014

Stopping Illegal Obamacare Subsidies Act - Prohibits American Health Benefit Exchanges from providing for automatic enrollment in health plans until the Inspector General (IG) of the Department of Health and Human Services (HHS) verifies that each state exchange and the federal exchange established under the Patient Protection and Affordable Care Act (PPACA) have resolved the inconsistencies outlined in the June 14 IG report. Directs the Secretary of HHS to make public the steps that the Centers for Medicare and Medicaid Services (CMS) and the federal exchange will take to clear any inconsistencies that arose on or before the enactment of this Act and to ensure that the systems used by the CMS to determine or assess eligibility for premium tax credits, cost-sharing reductions, Medicaid, and the State Children's Health Insurance Program (CHIP) under title XXI of the Social Security Act can resolve such inconsistencies within 30 days after enactment of this Act. Directs the Secretary to make public the methods that the CMS use to monitor, track, and measure the progress of the federal and state exchanges in resolving inconsistencies. Suspends for plan year 2015 the availability of premium assistance tax credits and the reduced cost-sharing program under PPACA; and allows them to resume only after the Commissioner of the Social Security Administration declares affirmatively that all inconsistencies related to invalid Social Security numbers have been resolved, and the IG determines that this is so. Directs the Secretary to request additional information from any applicant for a qualified health plan on a state or federal exchange whose information contains inconsistencies. Requires the applicant to: (1) be withdrawn from the premium assistance credit and reduced cost-sharing programs if the additional information is not provided within 90 days, and (2) re-enroll in a qualified health plan with appropriate and accurate information during the next open enrollment period.

113 S2701 IS: Stopping Illegal Obamacare Subsidies Act U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2701 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Vitter Committee on Finance A BILL To require the Secretary of Health and Human Services to address certain inconsistencies between the self-attested information provided by an applicant in enrolling in a health plan on an Exchange and being determined eligible for premium tax credits and cost-sharing reductions or in being determined to be eligible for enrollment in a State Medicaid plan or a State child health plan under the State Children's Health Insurance Program and the data received through the Federal Data Services Hub or from other data sources. 1. Short title This Act may be cited as the Stopping Illegal Obamacare Subsidies Act 2. Limitation on auto-enrollment Notwithstanding any other provision of law, American Health Benefit Exchanges shall not provide for automatic enrollment in health plans under such exchanges until the Inspector General of the Department of Health and Human Services verifies that each State Exchange established under section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 13031 42 U.S.C. 18041 3. Process for applications with inconsistencies (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Methods To monitor progress Not later than 30 days after the date of enactment of this Act, the Secretary shall make public the methods that the Centers for Medicare & Medicaid Services use to monitor, track, and measure the progress of the Federal Exchange and State Exchanges in resolving inconsistencies. (c) Suspension of financial assistance programs Premium assistance tax credits under section 36B 42 U.S.C. 18071 (1) the Commissioner of the Social Security Administration affirmatively declares that all inconsistencies related to invalid social security numbers have been resolved; and (2) the Inspector General of the Department of Health and Human Services determines that all inconsistencies, as defined in section 4(1), have been resolved. (d) Requests for additional information (1) In general If applicant information provided by an individual seeking to enroll in a qualified health plan on a State or Federal Exchange contains inconsistencies, the Secretary shall request additional information from the individual, and the individual shall have 90 days to provide such information. (2) Restrictions during inconsistency period During the inconsistency period, an individual may be enrolled in qualified health plan, but may not participate in the premium assistance credit program under section 36B of the Internal Revenue Code of 1986 or the reduced cost-sharing program under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). An individual who cooperates with a request for additional information and whom the Secretary later determines to be eligible for such programs, shall retroactively receive the benefits of such programs that such individual was eligible to receive for the inconsistency period. (3) Failure to submit additional information If the applicant does not submit additional information requested under subparagraph (A)— (A) (i) the applicant shall be withdrawn from the premium assistance credit program under section 36B of the Internal Revenue Code of 1986 and the reduced cost-sharing program under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071), as applicable, at the end of the inconsistency period; and (ii) the Secretary shall send notification of such disenrollment to the applicable health insurance issuer; and (B) the applicant shall re-enroll in a qualified health plan with appropriate and accurate information during the next open enrollment period. 4. Definitions In this Act— (1) the term inconsistencies (A) citizenship; (B) income; (C) coverage under an eligible employer-sponsored plan; (D) incarceration status; or (E) any other issue that would impact individual’s eligibility for financial assistance programs under the Patient Protection and Affordable Care Act (including the amendments made by such Act); and (2) the term inconsistency period

Stopping Illegal Obamacare Subsidies Act

Education Tax Fraud Prevention Act - Amends the Internal Revenue Code to require: (1) individuals who claim a tax credit for qualified tuition and related expenses under the Hope Scholarship or the Lifetime Learning tax credit to include their social security numbers on their tax returns, and (2) the educational institutions of such individuals to provide their employer identification numbers.

113 S2702 IS: Education Tax Fraud Prevention Act U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2702 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Vitter Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to require the social security number of the student and the employer identification number of the educational institution for purposes of education tax credits. 1. Short title This Act may be cited as the Education Tax Fraud Prevention Act 2. Social security number and employer identification number required for education tax credits (a) In general Paragraph (1) of section 25A(g) (1) by striking taxpayer identification number social security number (2) by inserting , and the employer identification number of any institution to which qualified tuition and related expenses were paid with respect to such individual, such individual (b) Omission treated as mathematical or clerical error Subparagraph (J) of section 6213(g)(2) of such Code is amended by striking TIN social security number and employer identification number (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Education Tax Fraud Prevention Act

Military SAFE Standards Act - Requires sexual assault forensic examiners (SAFEs) for the Armed Forces to be members of the Armed Forces and civilian personnel of the Department of Defense (DOD) or the Department of Homeland Security (DHS) who are physicians, nurse practitioners, nurse midwives, physician assistants, or registered nurses. Permits an independent duty corpsman or equivalent to be assigned as a SAFE if the assignment of such a physician, assistant, or nurse is impracticable. Directs the DOD and DHS Secretaries to: (1) assign at least one SAFE at each military medical treatment facility in the United States and overseas; or (2) enter into agreements with facilities with appropriate resources for the provision of sexual assault forensic examinations for the Armed Forces. Requires at least one SAFE to be assigned to each naval vessel. Requires the Secretary concerned to establish a SAFE certification program that includes training in sexual assault forensic examinations.

113 S2703 IS: Military SAFE Standards Act U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2703 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mrs. Boxer Ms. Collins Committee on Armed Services A BILL To establish eligibility, assignment, training, and certification requirements for sexual assault forensic examiners for the Armed Forces, and for other purposes. 1. Short title This Act may be cited as the Military SAFE Standards Act 2. Requirements relating to sexual assault forensic examiners for the Armed Forces (a) Personnel eligible for assignment (1) In general Except as provided in paragraph (2), the individuals who may be assigned to duty as a sexual assault forensic examiner (SAFE) for the Armed Forces shall be members of the Armed Forces and civilian personnel of the Department of Defense or Department of Homeland Security who are as follows: (A) Physicians. (B) Nurse practitioners. (C) Nurse midwives. (D) Physician assistants. (E) Registered nurses. (2) Independent duty corpsmen An independent duty corpsman or equivalent may be assigned to duty as a sexual assault forensic examiner for the Armed Forces if the assignment of an individual specified in paragraph (1) is impracticable. (b) Availability of examiners (1) In general The Secretary concerned shall ensure the availability of an adequate number of sexual assault forensic examiners for the Armed Forces through the following: (A) Assignment of at least one sexual assault forensic examiner at each military medical treatment facility under the jurisdiction of such Secretary, whether in the United States or overseas. (B) If assignment as described in subparagraph (A) is infeasible or impracticable, entry into agreements with facilities, whether Governmental or otherwise, with appropriate resources for the provision of sexual assault forensic examinations, for the provision of sexual assault forensic examinations for the Armed Forces. (2) Naval vessels The Secretary concerned shall ensure the availability of an adequate number of sexual assault forensic examiners for naval vessels through the assignment of at least one sexual assault forensic examiner for each naval vessel. (c) Training and certification (1) In general The Secretary concerned shall establish and maintain, and update when appropriate, a training and certification program for sexual assault forensic examiners under the jurisdiction of such Secretary. The training and certification programs shall apply uniformly to all sexual assault forensic examiners under the jurisdiction of the Secretaries. (2) Elements Each training and certification program under this subsection shall include the following: (A) Training in sexual assault forensic examinations by qualified personnel who possess— (i) a Sexual Assault Nurse Examiner—adolescent/adult (SANE–A) certification or equivalent certification; or (ii) training and clinical or forensic experience in sexual assault forensic examinations similar to that required for a certification described in clause (i). (B) A minimum of 40 hours of coursework for participants in sexual assault forensic examinations of adults and adolescents. (C) Ongoing examinations and evaluations on sexual assault forensic examinations. (D) Clinical mentoring. (E) Continuing education. (3) Nature of training The training provided under each training and certification program under this subsection shall incorporate and reflect current best practices and standards on sexual assault forensic examinations. (4) Applicability of training requirements An individual may not be assigned to duty as a sexual assault forensic examiner for the Armed Forces after the date that is one year after the date of the enactment of this Act unless the individual has completed all training required under the training and certification program under this subsection at the time of assignment. (5) Sense of Congress on certification It is the sense of Congress that each participant who successfully completes all training required under the certification and training program under this subsection should obtain a Sexual Assault Nurse Examiner—adolescent/adult certification or equivalent certification by not later than five years after completion of such training. (6) Examiners under agreements Any individual providing sexual assault forensic examinations for the Armed Forces under an agreement under subsection (b)(1)(B) shall possess training and experience equivalent to the training and experience required under the training and certification program under this subsection. (d) Secretary concerned defined In this section, the term Secretary concerned (1) the Secretary of Defense with respect to matters concerning the Department of Defense; and (2) the Secretary of Homeland Security with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy. (e) Repeal of superseded requirements Section 1725 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 10 U.S.C. 1561

Military SAFE Standards Act

No Federal Contracts for Corporate Deserters Act of 2014 - Prohibits an executive agency from awarding a contract (including a defense contract) for the procurement of property or services to: (1) any foreign incorporated entity determined to be an inverted domestic corporation or any subsidiary of such entity, or (2) any joint venture more than 10% of which is held by such an entity or subsidiary. Directs each agency to include in each contract awarded with a value in excess of $10 million, other than a contract for exclusively commercial items, a clause that prohibits the prime contractor from: (1) awarding a first-tier subcontract with a value greater than 10% of the total prime contract to such an entity or joint venture, or (2) structuring subcontract tiers enabling such entity or joint venture to perform more than 10% of the total value of the prime contract. Authorizes an agency to waive such requirements for a contract in the interest of national security or if necessary for the efficient or effective administration of federal or federally-funded programs that provide health benefits to individuals. Provides for termination of a contract or suspension or debarment of a contractor in violation of this Act. Requires a foreign incorporated entity to be treated as an inverted domestic corporation if: (1) the entity acquires, on or after May 8, 2014, substantially all of the properties held by a domestic corporation or substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership; and (2) after the acquisition, either more than 50% of the stock of the entity is held by former shareholders of the domestic corporation or former partners of the domestic partnership, or the management and control of the expanded affiliated group which includes the entity occurs primarily within the United States and such expanded affiliated group has significant domestic business activities. Sets forth an exception for an entity within an expanded affiliated group with substantial business activities in the foreign country in which the entity is created. Requires the Secretary of the Treasury to prescribe regulations for determining cases in which the management and control of an expanded affiliated group is to be treated as occurring primarily within the United States.

113 S2704 IS: No Federal Contracts for Corporate Deserters Act of 2014 U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2704 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Levin Mr. Durbin Mr. Reed Committee on Homeland Security and Governmental Affairs A BILL To prohibit the award of Federal Government contracts to inverted domestic corporations, and for other purposes. 1. Short title This Act may be cited as the No Federal Contracts for Corporate Deserters Act of 2014 2. Prohibition on awarding contracts to inverted domestic corporations (a) Civilian contracts (1) In general Chapter 47 4713. Prohibition on awarding contracts to inverted domestic corporations (a) Prohibition (1) In general The head of an executive agency may not award a contract for the procurement of property or services to— (A) any foreign incorporated entity that such head has determined is an inverted domestic corporation or any subsidiary of such entity; or (B) any joint venture if more than 10 percent of the joint venture (by vote or value) is held by a foreign incorporated entity that such head has determined is an inverted domestic corporation or any subsidiary of such entity. (2) Subcontracts (A) In general The head of an executive agency shall include in each contract for the procurement of property or services awarded by the executive agency with a value in excess of $10,000,000, other than a contract for exclusively commercial items, a clause that prohibits the prime contractor on such contract from— (i) awarding a first-tier subcontract with a value greater than 10 percent of the total value of the prime contract to an entity or joint venture described in paragraph (1); or (ii) structuring subcontract tiers in a manner designed to avoid the limitation in paragraph (1) by enabling an entity or joint venture described in paragraph (1) to perform more than 10 percent of the total value of the prime contract as a lower-tier subcontractor. (B) Penalties The contract clause included in contracts pursuant to subparagraph (A) shall provide that, in the event that the prime contractor violates the contract clause— (i) the prime contract may be terminated for default; and (ii) the matter may be referred to the suspension or debarment official for the appropriate agency and may be a basis for suspension or debarment of the prime contractor. (b) Inverted domestic corporation (1) In general For purposes of this section, a foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes before, on, or 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, as determined pursuant to regulations prescribed by the Secretary of the Treasury, and such expanded affiliated group has significant domestic business activities. (2) Exception for corporations with substantial business activities in foreign country of organization (A) In general A foreign incorporated entity described in paragraph (1) 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. (B) Substantial business activities The Secretary of the Treasury (or the Secretary's delegate) shall establish regulations for determining whether an affiliated group has substantial business activities for purposes of subparagraph (A), except that such regulations may not treat any group as having substantial business activities if such group would not be considered to have substantial business activities under the regulations prescribed under section 7874 of the Internal Revenue Code of 1986, as in effect on May 8, 2014. (3) Significant domestic business activities (A) In general For purposes of paragraph (1)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of— (i) the employees of the group are based in the United States; (ii) the employee compensation incurred by the group is incurred with respect to employees based in the United States; (iii) the assets of the group are located in the United States; or (iv) the income of the group is derived in the United States. (B) Determination Determinations pursuant to subparagraph (A) shall be made in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (2) 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 (c) Waiver (1) In general The head of an executive agency may waive subsection (a) with respect to any Federal Government contract under the authority of such head if the head determines that the waiver is required in the interest of national security or is necessary for the efficient or effective administration of Federal or Federally-funded programs that provide health benefits to individuals. (2) Report to Congress The head of an executive agency issuing a waiver under paragraph (1) shall, not later than 14 days after issuing such waiver, submit a written notification of the waiver to the relevant authorizing committees of Congress and the Committees on Appropriations of the Senate and the House of Representatives. (d) Applicability (1) In general Except as provided in paragraph (2), this section shall not apply to any contract entered into before the date of the enactment of this section. (2) Task and delivery orders This section shall apply to any task or delivery order issued after the date of the enactment of this section pursuant to a contract entered into before, on, or after such date of enactment. (3) Scope This section applies only to contracts subject to regulation under the Federal Acquisition Regulation. (e) Definitions and special rules (1) Definitions In this section, the terms expanded affiliated group foreign incorporated entity person domestic foreign (2) Special rules In applying subsection (b) of this section for purposes of subsection (a) of this section, the rules described under 835(c)(1) of the Homeland Security Act of 2002 (6 U.S.C. 395(c)(1)) shall apply. . (2) Clerical amendment The table of sections at the beginning of chapter 47 4713. Prohibition on awarding contracts to inverted domestic corporations. (b) Defense contracts (1) In general Chapter 137 2338. Prohibition on awarding contracts to inverted domestic corporations (a) Prohibition (1) In general The head of an agency may not award a contract for the procurement of property or services to— (A) any foreign incorporated entity that such head has determined is an inverted domestic corporation or any subsidiary of such entity; or (B) any joint venture if more than 10 percent of the joint venture (by vote or value) is owned by a foreign incorporated entity that such head has determined is an inverted domestic corporation or any subsidiary of such entity. (2) Subcontracts (A) In general The head of an executive agency shall include in each contract for the procurement of property or services awarded by the executive agency with a value in excess of $10,000,000, other than a contract for exclusively commercial items, a clause that prohibits the prime contractor on such contract from— (i) awarding a first-tier subcontract with a value greater than 10 percent of the total value of the prime contract to an entity or joint venture described in paragraph (1); or (ii) structuring subcontract tiers in a manner designed to avoid the limitation in paragraph (1) by enabling an entity or joint venture described in paragraph (1) to perform more than 10 percent of the total value of the prime contract as a lower-tier subcontractor. (B) Penalties The contract clause included in contracts pursuant to subparagraph (A) shall provide that, in the event that the prime contractor violates the contract clause— (i) the prime contract may be terminated for default; and (ii) the matter may be referred to the suspension or debarment official for the appropriate agency and may be a basis for suspension or debarment of the prime contractor. (b) Inverted domestic corporation (1) In general For purposes of this section, a foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes before, on, or 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, as determined pursuant to regulations prescribed by the Secretary of the Treasury, and such expanded affiliated group has significant domestic business activities. (2) Exception for corporations with substantial business activities in foreign country of organization (A) In general A foreign incorporated entity described in paragraph (1) 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. (B) Substantial business activities The Secretary of the Treasury (or the Secretary's delegate) shall establish regulations for determining whether an affiliated group has substantial business activities for purposes of subparagraph (A), except that such regulations may not treat any group as having substantial business activities if such group would not be considered to have substantial business activities under the regulations prescribed under section 7874 of the Internal Revenue Code of 1986, as in effect on May 8, 2014. (3) Significant domestic business activities (A) In general For purposes of paragraph (1)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of— (i) the employees of the group are based in the United States; (ii) the employee compensation incurred by the group is incurred with respect to employees based in the United States; (iii) the assets of the group are located in the United States; or (iv) the income of the group is derived in the United States. (B) Determination Determinations pursuant to subparagraph (A) shall be made in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (2) 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 (c) Waiver (1) In general The head of an agency may waive subsection (a) with respect to any Federal Government contract under the authority of such head if the head determines that the waiver is required in the interest of national security or is necessary for the efficient or effective administration of Federal or Federally-funded programs that provide health benefits to individuals. (2) Report to Congress The head of an agency issuing a waiver under paragraph (1) shall, not later than 14 days after issuing such waiver, submit a written notification of the waiver to the Committees on Armed Services and Appropriations of the Senate and the House of Representatives. (d) Applicability (1) In general Except as provided in paragraph (2), this section shall not apply to any contract entered into before the date of the enactment of this section. (2) Task and delivery orders This section shall apply to any task or delivery order issued after the date of the enactment of this section pursuant to a contract entered into before, on, or after such date of enactment. (3) Scope This section applies only to contracts subject to regulation under the Federal Acquisition Regulation and the Defense Supplement to the Federal Acquisition Regulation. (e) Definitions and special rules (1) Definitions In this section, the terms expanded affiliated group foreign incorporated entity person domestic foreign (2) Special rules In applying subsection (b) of this section for purposes of subsection (a) of this section, the rules described under 835(c)(1) of the Homeland Security Act of 2002 (6 U.S.C. 395(c)(1)) shall apply. . (2) Clerical amendment The table of sections at the beginning of chapter 137 2338. Prohibition on awarding contracts to inverted domestic corporations. (c) Regulations regarding management and control (1) In general The Secretary of the Treasury (or the Secretary's delegate) shall, for purposes of section 4713(b)(1)(B)(ii) of title 41, United States Code, and section 2338(b)(1)(B)(ii) of title 10, United States Code, as added by subsections (a) and (b), respectively, 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. (2) Executive officers and senior management The regulations prescribed under paragraph (1) 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.

No Federal Contracts for Corporate Deserters Act of 2014

Renewable Energy Environmental Research Act of 2014 - Requires the National Oceanic and Atmospheric Administration (NOAA), within three years, to: (1) develop a plan for a comprehensive and integrated ocean, coastal, Great Lakes, and atmosphere science program to support renewable energy development and smart grid technology; and (2) establish the program that is based on the plan and designed to collect, synthesize, and distribute data in a manner that can be used by resource managers responsible for making decisions about renewable energy projects. Requires the Army Corps of Engineers, Department of Commerce, Bureau of Ocean Energy Management, Minerals Management Service, Federal Energy Regulatory Commission (FERC), and Department of Energy (DOE) to consider this information when making planning, siting, and permitting decisions about renewable energy. Requires NOAA to establish within three years a renewable energy information library and data portal to function as a cross-agency repository of data pertinent to renewable energy development. Gives NOAA the discretion to allow any offshore exploration and production facility to execute a memorandum of understanding authorizing the use of offshore platforms and infrastructure for the placement of meteorological and oceanographic observation sensors of a type to be designated by NOAA in support of the Integrated Ocean Observing System. Requires information collected by the sensors to be readily available for use in hazard response as well as available to the National Weather Service, other NOAA programs, and the general public.

113 S2705 IS: Renewable Energy Environmental Research Act of 2014 U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2705 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Begich Committee on Commerce, Science, and Transportation A BILL To establish, within the National Oceanic and Atmospheric Administration, an integrated and comprehensive ocean, coastal, Great Lakes, and atmospheric research and environmental information sharing program to support renewable energy, and for other purposes. 1. Short title This Act may be cited as the Renewable Energy Environmental Research Act of 2014 2. Purpose The purpose of this Act is to establish an integrated and comprehensive ocean, coastal, Great Lakes, and atmospheric research and environmental information sharing program to support renewable energy. 3. Definitions In this Act: (1) Administration The term Administration (2) Administrator The term Administrator (3) Renewable energy The term renewable energy 4. Renewable energy research plan (a) In general Not later than 3 years after the date of the enactment of this Act, the Administrator shall develop a plan— (1) to define requirements for a comprehensive and integrated ocean, coastal, Great Lakes, and atmosphere science program to support renewable energy development in the United States based on a review of scientific and industry information; (2) to identify and describe current climate, weather, and water data programs, products, services, and authorities within the Administration relevant to renewable energy development; (3) to provide targeted research, data, monitoring, observation, and other information, products, and services concerning climate, weather, and water in support of renewable energy and smart grid (4) to reduce duplication and leverage the resources of existing Administration programs through coordination with— (A) other offices and programs within the Administration, including the atmospheric, ocean, and coastal observation systems; (B) Federal, State, tribal, and local observation systems; and (C) other entities, including the private sector organizations and institutions of higher education; (5) to facilitate public-private cooperation, including identification and assessment of current private sector capabilities; and (6) to inform and educate the public and the private sector about the progress and findings of the renewable research and development carried out pursuant to the plan. (b) Public hearings In developing the plan, the Administrator shall provide public notice and opportunity for 1 or more public hearings and shall seek comments from Federal and State agencies, tribes, local governments, representatives of the private sector, and other parties interested in renewable energy observations, data, and use in order to improve Administration climate, weather, and water observation data products and services to more effectively support renewable energy development. 5. Establishment of research, prediction, and environmental information program (a) In general Not later than 3 years after the date of the enactment of this Act, the Administrator shall establish a program to develop and implement an integrated and comprehensive ocean, coastal, Great Lakes, and atmosphere research and operations program, based on the plan required by section 4, to support renewable energy development in the United States. (b) Program components At a minimum, the program required by subsection (a) shall include the following: (1) Improvements in coordinated climate, weather, water research, biological and technological research monitoring, and observations to support renewable energy siting and development. (2) Coordinated weather, water, and climate prediction capability focused on renewable energy and smart grid (3) Support for the transition to, and reliable delivery of, sustained operational weather, water, and climate products from research, observation, and prediction outputs. (4) Means of identifying biological and ecological effects of marine renewable energy development on living marine resources, the marine and coastal environment, marine-dependent industries, and coastal communities. (5) Baseline ecological characterization, including research, data collection, and mapping, of the coastal and marine environment and living marine resources for marine renewable energy development. (6) Avoidance, minimization, and mitigation strategies to address the potential impacts of renewable energy on the marine, coastal, and Great Lakes habitats resources and communities, including developing effective monitoring protocols, use of adaptive management, informed engineering design and operating parameters, and the establishment of protocols for minimizing the environmental impacts of testing, developing, and deploying marine renewable energy devices. (7) Support for the development of marine special area management plans by states as defined by the Coastal Zone Management Act of 1972 16 U.S.C. 1451 et seq. (8) Coordination of comprehensive digital mapping, modeling, and other geospatial information and services to support planning for renewable energy and stewardship of ecosystem and living marine ecosystems, including protected species, in ocean, Great Lakes, and coastal areas. (9) A coordinated approach for examining and quantifying the micro-climate impacts of wind-power farms on soil transpiration and drying. (10) Provision for outreach to the public and private sector about program research, information, and products, including making non-proprietary information and best management practices developed under this program available to the public. (c) Use in agency decisions The program established under subsection (a) shall be designed to collect, synthesize, and distribute data in a manner that can be used by resource managers responsible for making decisions about renewable energy projects. The Army Corps of Engineers, Department of Commerce, Bureau of Ocean Energy Management, Federal Energy Regulatory Commission, and Department of Energy shall consider this information when making planning, siting, and permitting decisions for renewable energy. (d) Support for public-Private cooperation To the extent practicable, in implementing the program established under this section, the Administrator shall seek appropriate opportunities to facilitate and expand cooperation with private sector entities to develop and expand information services that serve the renewable energy industry. 6. Biennial reports (a) In general Not later than 2 years after the date on which the Administrator establishes the program under section 5(a) and not less frequently than once every 2 years thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science and Technology of the House of Representatives a report on progress made in implementing this Act. (b) Contents Each report submitted under subsection (a) shall include the following: (1) A description of activities carried out under this Act. (2) Recommendations for prioritization of activities under this Act for fiscal years beginning after the date on which the report is submitted. (3) Funding levels for activities under this Act in those fiscal years. 7. Library (a) In general Not later than 3 years after the date of the enactment of this Act, the Administrator, in consultation with relevant Federal agencies, shall establish and maintain a renewable energy information library and data portal to function as a common, cross agency repository of data pertinent to renewable energy development. (b) Elements The library required by subsection (a) shall include, at a minimum, the following: (1) Links to data and information products for use in renewable energy development. (2) Links to planning and decision support tools for use in renewable energy development. (3) Data about the baseline condition of ocean and coastal resources. (4) Links to digital mapping and geospatial information, products, and services described in section 4(b). 8. Federal coordination The Secretary of the Interior, the Secretary of Energy, the Secretary of Transportation, the Secretary of Defense, the Federal Energy Regulatory Commission, the Department in which the Coast Guard is operating, and the heads of other relevant Federal agencies shall cooperate with the Administrator in carrying out this Act. 9. Agreements The Administrator may enter into and perform such contracts, leases, grants, cooperative agreements, or other agreements and transactions with any agency or instrumentality of the United States, or with any State, local, tribal, territorial or foreign government, or with any person, corporation, firm, partnership, educational institution, nonprofit organization, or international organization as may be necessary to carry out the purposes of this Act. 10. Authority to receive funds The Administrator may accept, retain, and use funds received from any party pursuant to an agreement entered into under section 9 for activities furthering the purposes of this Act. 11. Use of ocean observing offshore infrastructure (a) In general Any offshore exploration and production facility, at the discretion of the Administrator, may execute a memorandum of understanding authorizing the use of offshore platforms and infrastructure for the placement of meteorological and oceanographic observation sensors of a type to be designated by the Administrator in support of the Integrated Ocean Observing System. (b) Availability of information All information collected by such sensors shall be managed by Administration and be readily available for use in spill and other hazard response as well as available to the National Weather Service, other Administration programs, and the general public. 12. Savings provision Nothing in this Act shall be construed to supersede or modify the jurisdiction, responsibilities, or authority of any Federal or State agency under any provision of law in effect on the date of the enactment of this Act.

Renewable Energy Environmental Research Act of 2014

Child Welfare Provider Inclusion Act of 2014 - Prohibits the federal government, and any state that receives federal funding for any program that provides child welfare services under part B (Child and Family Services) or part E (Federal Payments for Foster Care and Adoption Assistance) of title IV (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services) of the Social Security Act (SSA), from discriminating or taking an adverse action against a child welfare service provider that declines to provide, facilitate, or refer for a child welfare service that conflicts with the provider's sincerely held religious beliefs or moral convictions. Bars such prohibition from applying to SSA requirements that forbid state entities from denying or delaying adoption or foster care placements on the basis of an adoptive parent's or a child's race, color, or national origin. Requires the Secretary of Health and Human Services (HHS) to withhold 15% of the federal funds that a state receives for such programs if the state violates this Act. Allows an aggrieved child welfare service provider to assert such an adverse action violation as a claim or defense in a judicial proceeding and to obtain all appropriate relief (including declaratory relief, injunctive relief, compensatory damages, and reasonable attorney fees and costs).

113 S2706 IS: Child Welfare Provider Inclusion Act of 2014 U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2706 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Enzi Committee on Finance A BILL To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 1. Short title This Act may be cited as the Child Welfare Provider Inclusion Act of 2014 2. Findings and purposes (a) Findings Congress finds the following: (1) Child welfare service providers, both individuals and organizations, have the inherent, fundamental, and inalienable right to free exercise of religion protected by the United States Constitution. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. (3) Most States provide government-funded child welfare services through various charitable, religious, and private organizations. (4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. (5) Religious organizations have long been and should continue contracting with and receiving grants from governmental entities to provide child welfare services. (6) Religious organizations cannot provide certain child welfare services, such as foster-care or adoption placements, without receiving a government contract, grant or license. (7) Religious organizations display particular excellence when providing child welfare services. (8) Children and families benefit greatly from the child welfare services provided by religious organizations. (9) Governmental entities and officials administering federally funded child welfare services in some States, including Massachusetts, California, Illinois, and the District of Columbia, have refused to contract with religious organizations that are unable, due to sincerely held religious beliefs or moral convictions, to provide a child welfare service that conflicts, or under circumstances that conflict, with those beliefs or convictions; and that refusal has forced many religious organizations to end their long and distinguished history of excellence in the provision of child welfare services. (10) Ensuring that religious organizations can continue to provide child welfare services will benefit the children and families that receive those federally funded services. (11) States also provide government-funded child welfare services through individual child welfare service providers with varying religious and moral convictions. (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. (13) Because governmental entities provide child welfare services through many charitable, religious, and private organizations, each with varying religious beliefs or moral convictions, and through diverse individuals with varying religious beliefs or moral convictions, the religiously impelled inability of some religious organizations or individuals to provide certain services will not have a material effect on a person’s ability to access federally funded child welfare services. (14) The activities of funding and administering these child welfare services substantially affect interstate commerce. (15) Taking adverse actions against child welfare service providers that are unable, due to their sincerely held religious beliefs or moral convictions, to provide certain services (or provide services under certain circumstances) substantially affects interstate commerce. (16) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. (17) Congress has the authority to pass this Act pursuant to its spending clause power, commerce clause power, and enforcement power under section 5 of the Fourteenth Amendment to the United States Constitution. (b) Purposes The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. (2) To protect child welfare service providers’ exercise of religion and to ensure that governmental entities will not be able to force those providers, either directly or indirectly, to discontinue all or some of their child welfare services because they decline to provide a child welfare service that conflicts, or under circumstances that conflict, with their sincerely held religious beliefs or moral convictions. (3) To provide relief to child welfare service providers whose rights have been violated. 3. Discrimination and adverse actions prohibited (a) The Federal Government, and any State that receives federal funding for any program that provides child welfare services under part B or part E of title IV of the Social Security Act (and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. (b) Subsection (a) does not apply to conduct forbidden by paragraph (18) of section 471(a) of such Act. 4. Funds withheld for violation The Secretary of Health and Human Services shall withhold from a State 15 percent of the federal funds the State receives for a program that provides child welfare services under part B or part E of title IV of the Social Security Act if the State violates section 3 when administering or disbursing funds under such program. 5. Private right of action (a) A child welfare service provider aggrieved by a violation of section 3 may assert that violation as a claim or defense in a judicial proceeding and obtain all appropriate relief, including declaratory relief, injunctive relief, and compensatory damages, with respect to that violation. (b) A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. (c) By accepting or expending federal funds in connection with a program that provides child welfare services under part B or part E of title IV of the Social Security Act, a State waives its sovereign immunity for any claim or defense that is raised under this section. 6. Severability If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. 7. Effective date (a) The amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of such Act for calendar quarters beginning on or after such date. (b) If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the first regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. 8. Definitions The following definitions apply throughout this Act: (1) The term child welfare service provider (2) The term child welfare services (3) The term State (4) The terms funding funded funds (5) The term adverse action

Child Welfare Provider Inclusion Act of 2014

Veterans TRICARE Choice Act - Allows an individual who is eligible to participate in the TRICARE program (a Department of Defense [DOD] managed health care program) to: (1) elect to be ineligible to enroll in such program, (2) make tax deductible contributions to a health savings account during the period such individual elects to be ineligible for TRICARE coverage, and (3) enroll in the TRICARE program at a later date during a special enrollment period.

113 S2707 IS: Veterans TRICARE Choice Act U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2707 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Moran Committee on Finance A BILL To provide for coordination between the TRICARE program and eligibility for making contributions to a health savings account. 1. Short title This Act may be cited as the Veterans TRICARE Choice Act 2. Coordination between TRICARE program and eligibility to make contributions to health savings accounts (a) In general Section 223(c)(1)(B) and , and (iv) coverage under the TRICARE program under chapter 55 . (b) Provisions relating to election of ineligibility under TRICARE (1) In general Chapter 55 section 1097c 1097d. TRICARE program: Election of eligibility (a) Election A TRICARE-eligible individual may elect at any time to be ineligible to enroll in (and receive any benefits under) the TRICARE program. (b) Change of election (1) If a TRICARE-eligible individual makes an election described in subsection (a), the TRICARE-eligible individual may later elect to be eligible to enroll in the TRICARE program. An election made under this subsection may be made only during a special enrollment period. (2) The Secretary shall ensure that a TRICARE-eligible individual who makes an election described in subsection (a) may efficiently enroll in the TRICARE program pursuant to an election under paragraph (1), including by maintaining the individual, as appropriate, in the health care enrollment system under section 1099 of this title in an inactive manner. (c) Period of election If a TRICARE-eligible individual makes an election described in subsection (a), such election shall be in effect beginning on the date of such election and ending on the date that such individual makes an election under subsection (b)(1) to enroll in the TRICARE program. (d) Cross reference relating to health savings account participation For provisions allowing participation in a health savings account in connection with coverage under a high deductible health plan during the period that the election under subsection (a) is in effect, see section 223(c)(1)(B)(iv) of the Internal Revenue Code of 1986. (e) Records The Secretary shall ensure that a TRICARE-eligible individual who makes an election described in subsection (a) is maintained on the Defense Enrollment Eligibility Reporting System, or successor system, regardless of whether the individual is eligible for the TRICARE program during the period of such election. (f) Definitions In this section: (1) The term TRICARE-eligible individual (2) The term special enrollment period chapter 89 . (2) Conforming amendment The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1097c the following new item: 1097d. TRICARE program: Election of eligibility. .

Veterans TRICARE Choice Act

Access to Court Challenges for Exempt Status Seekers (ACCESS) Act of 2014 - Amends the Internal Revenue Code to expand the availability of the declaratory judgment legal remedy to all organizations that are currently classified as tax-exempt (currently, limited to "c-3" charitable, religious, or educational organizations) and to religious and apostolic organizations, for purposes of determining the initial or continuing qualification of such organizations for a tax exemption.

113 S2708 IS: Access to Court Challenges for Exempt Status Seekers (ACCESS) Act of 2014 U.S. Senate 2014-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 113th CONGRESS 2d Session S. 2708 IN THE SENATE OF THE UNITED STATES July 30, 2014 Mr. Coats Mr. Blunt Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide equal access to declaratory judgments for organizations seeking tax-exempt status. 1. Short title This Act may be cited as the Access to Court Challenges for Exempt Status Seekers (ACCESS) Act of 2014 2. Equal access to declaratory judgments for organizations seeking tax-exempt status (a) In general Subparagraph (A) of section 7428(a)(1) is amended to read as follows: (A) with respect to the initial qualification or continuing qualification of an organization as an organization described in section 501(c) or 501(d) which is exempt from tax under section 501(a) or as an organization described in section 170(c)(2), . (b) Effective date The amendment made by this section shall apply to pleadings filed after the date of the enactment of this Act.

Access to Court Challenges for Exempt Status Seekers (ACCESS) Act of 2014