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Streamlining Services for Older Veterans Act - Amends the Older Americans Act of 1965 to include status as a veteran among the categories of greatest social need based on noneconomic factors. Requires state and area plans to include information on how the state and area agencies on: (1) aging will engage in outreach to veterans eligible for services under such Act, and (2) effective and efficient procedures for the coordination of services provided under that Act with services provided to veterans by the Department of Veterans Affairs (VA) and other providers.	To amend the Older Americans Act of 1965 to provide for outreach, and coordination of services, to veterans. 1. Short title This Act may be cited as the Streamlining Services for Older Veterans Act 2. Outreach and coordination of services to veterans (a) Definition Section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (1) in paragraph (24)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by striking the period and inserting ; and (C) by adding at the end the following: (D) status as a veteran. ; and (2) by adding at the end the following: (55) The term veteran section 101 . (b) Area plan Section 306(a) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)) is amended— (1) in paragraph (16), by striking and (2) in paragraph (17), by striking the period and inserting ; and (3) by adding at the end the following: (18) include information describing— (A) how the area agency on aging will engage in outreach to veterans who are eligible for services under this Act; and (B) effective and efficient procedures for the coordination of services provided under this Act with services provided to veterans by the Department of Veterans Affairs and other providers. . (c) State plan Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended by adding at the end the following: (31) The plan shall include information describing— (A) how the State agency will engage in outreach to veterans who are eligible for services under this Act; and (B) effective and efficient procedures for the coordination of services provided under this Act with services provided to veterans by the Department of Veterans Affairs and other providers. .	Streamlining Services for Older Veterans Act
Authorizes the Secretary of Veterans Affairs (VA) to enter into an enhanced-use lease for buildings 205 and 208 of the West Los Angeles Medical Center, California, for the provision of long-term therapeutic housing for homeless veterans who require assisted living or other similar forms of care. Exempts such buildings from a provision authorizing the Secretary to transfer property under an enhanced-use lease to the lessee. Requires the Secretary to: (1) review such lease at least once during each two-year period in which it is in effect, including by assessing the leasing party and determining whether such lease should continue; and (2) submit a report.	To authorize the Secretary of Veterans Affairs to enter into enhanced-use leases for certain buildings of the Department of Veterans Affairs at the West Los Angeles Medical Center, California, and for other purposes. 1. Authority to enter into enhanced-use leases for certain buildings of the Department of Veterans Affairs at the West Los Angeles Medical Center, California (a) Authority (1) In general Except as provided by subsection (b), in accordance with subchapter V of chapter 81 (2) Rule of construction The authority provided by paragraph (1) is a specific authorization for purposes of section 8162(c) of such title. (b) Prohibition on disposition of leased property (1) In general In accordance with section 224(a) of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008 (division I of Public Law 110–161 section 8164 (2) Rule of construction Nothing in this section shall be construed to affect the prohibition under such section 224(a) on the disposal of a covered building. (c) Biennial review and report (1) Review required Not less than once during each two-year period in which an enhanced-use lease is in effect under subsection (a), the Secretary of Veterans Affairs shall conduct a review of such lease, including by assessing the party that is entered into such lease and determining whether such lease should continue. (2) Report required During each two-year period in which an enhanced-use lease is in effect under subsection (a), the Secretary shall submit to Congress a report on the review conducted under paragraph (1). (d) Definitions In this section: (1) Covered building The term covered building (A) Building 205. (B) Building 208. (2) Covered veteran The term covered veteran (A) homeless; and (B) with respect to housing, requires assisted living or other similar form of care. (3) Enhanced-use lease The term enhanced-use lease section 8161 (4) Long-term therapeutic housing The term long-term therapeutic housing	A bill to authorize the Secretary of Veterans Affairs to enter into enhanced-use leases for certain buildings of the Department of Veterans Affairs at the West Los Angeles Medical Center, California, and for other purposes.
Allows a state to permanently waive any regulation relating to electric generating units promulgated by the Administrator of the Environmental Protection Agency (EPA) under the Clean Air Act if the state's governor certifies that the units are necessary for reasons of power reliability and affordability.	To allow States to waive regulations promulgated under the Clean Air Act relating to electric generating units under certain circumstances. 1. Waiver of certain regulations promulgated under the Clean Air Act Notwithstanding any other provision of law, a State may permanently waive any regulation relating to electric generating units promulgated by the Administrator of the Environmental Protection Agency under the Clean Air Act (42 U.S.C. 7401 et seq.) if the Governor of the State certifies that the electric generating units are necessary for reasons of power reliability and affordability.	A bill to allow States to waive regulations promulgated under the Clean Air Act relating to electric generating units under certain circumstances.
Federal Communications Commission Process Reform Act of 2014 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to complete a rulemaking proceeding to adopt rules establishing: minimum comment and reply periods for rulemakings; policies to ensure that the public has notice and an opportunity to respond to comments, ex parte communications, or materials submitted toward the end of, or after, the comment period; procedures for publishing the status of open rulemakings and items circulated for Commissioners' review; deadlines for public notice, and guidelines for disposition, of certain petitions; and procedures to include the specific language of proposed rules or amendments in proposed rulemaking notices. Requires performance measures to be included in notices of proposed rulemakings or orders that would create or substantially change a program activity. Defines "program activity" as a specific activity or project as listed in the program and financing schedules of the U.S. annual budget, including any annual collection or distribution or related series of collections or distributions by the FCC of $100 million or more. Directs the FCC to seek public comment regarding whether the FCC should: (1) establish procedures for allowing a bipartisan majority of Commissioners to place items on an open meeting agenda and for publishing in advance of such meetings the text of agenda items on which the FCC will vote; (2) establish deadlines for the disposition of certain license applications; and (3) publish orders, decisions, reports, and actions within 30 days after adoption. Requires the FCC to initiate a new rulemaking proceeding every five years to continue its consideration of procedural rule changes. Allows a bipartisan majority of Commissioners to hold a nonpublic meeting, including a meeting to collaborate with joint boards or conferences, if: (1) no votes or actions are taken, and (2) an attorney from the FCC's Office of General Counsel is present. Requires such a closed meeting to be disclosed within two business days after the meeting, along with a list of persons in attendance and a summary of discussed matters, provided that such matters are not classified or otherwise exempt from disclosure. Directs the FCC to provide on its website: (1) information regarding the FCC's budget, appropriations, and total number of full-time equivalent employees; (2) the FCC's annual performance plan; and (3) information about consumer complaints in a publicly available, searchable database. Directs the FCC to: (1) complete actions necessary for the required publication of documents in the Federal Register within specified time frames; (2) inform the public about its performance and efficiency in meeting disclosure and other requirements under the Freedom of Information Act; and (3) publish on its website and in other required formats an anticipated release schedule for all statistical reports and reports to Congress. Prohibits the FCC, in compiling its quarterly report with respect to informal consumer inquiries and complaints, from categorizing an inquiry or complaint under the Telephone Consumer Protection Act of 1991 (places restrictions on telephone solicitations and automatic dialing systems) as a wireline or wireless inquiry or complaint unless a wireline or wireless carrier was the subject of the inquiry or complaint. Exempts permanently from the Antideficiency Act (prohibits expenditures or obligations of federal funds exceeding an amount available in an appropriation or fund) the collection of Universal Service Fund contributions and the use of such contributions for universal service support programs. (Currently, universal service funds are collected and distributed under a temporary waiver provided in the Universal Service Antideficiency Temporary Suspension Act.)	To amend the Communications Act of 1934 to provide for greater transparency and efficiency in the procedures followed by the Federal Communications Commission, and for other purposes. 1. Short title This Act may be cited as the Federal Communications Commission Process Reform Act of 2014 2. FCC process reform (a) In general Title I of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. 13. Transparency and efficiency (a) Definitions In this section: (1) Amendment The term amendment (2) Bipartisan majority The term bipartisan majority (A) is a group of 3 or more Commissioners; and (B) includes— (i) for each political party of which any Commissioner is a member, not less than 1 Commissioner who is a member of that political party; and (ii) if any Commissioner has no political party affiliation, not less than 1 unaffiliated Commissioner. (3) Performance measure The term performance measure section 1115 (4) Program activity The term program activity (A) has the meaning given the term in section 1115 (B) includes any annual collection or distribution or related series of collections or distributions by the Commission of an amount that is not less than $100,000,000. (5) Other definitions The terms agency action ex parte communication rule section 551 (b) Initial rulemaking and inquiry (1) Rulemaking Not later than 1 year after the date of enactment of the Federal Communications Commission Process Reform Act of 2014 (2) Requirements for rulemaking The rules adopted under paragraph (1) shall— (A) set minimum comment periods for comment and reply comment, subject to a determination by the Commission that good cause exists for departing from the minimum comment periods, for— (i) significant regulatory actions, as defined in Executive Order 12866 ( 5 U.S.C. 601 (ii) all other rulemaking proceedings; (B) establish policies concerning the submission of extensive new comments, data, or reports towards the end of a comment period; (C) establish policies regarding treatment of comments, ex parte communications, and data or reports (including statistical reports and reports to Congress) submitted after a comment period to ensure that the public has adequate notice of and opportunity to respond to the submissions before the Commission relies on the submissions in any order, decision, report, or action; (D) establish procedures for publishing the status of open rulemaking proceedings and proposed orders, decisions, reports, or actions on circulation for review by the Commissioners, including which Commissioners have not cast a vote on an order, decision, report, or action that has been on circulation for more than 60 days; (E) establish deadlines (relative to the date of filing) for— (i) in the case of a petition for a declaratory ruling under section 1.2 (ii) in the case of a petition for rulemaking under section 1.401 (iii) in the case of a petition for reconsideration under section 1.106 1.429 (F) establish guidelines (relative to the date of filing) for the disposition of petitions filed under section 1.2 (G) establish procedures for the inclusion of the specific language of the proposed rule or the proposed amendment of an existing rule in a notice of proposed rulemaking; (H) require each notice of proposed rulemaking or order adopting a rule or amending an existing rule that creates (or proposes to create) a program activity to contain performance measures for evaluating the effectiveness of the program activity; and (I) require each notice of proposed rulemaking or order adopting a rule or amending an existing rule that substantially changes (or proposes to substantially change) a program activity to contain— (i) performance measures for evaluating the effectiveness of the program activity as changed (or proposed to be changed); or (ii) a finding that existing performance measures will effectively evaluate the program activity as changed (or proposed to be changed). (3) Inquiry Not later than 1 year after the date of enactment of the Federal Communications Commission Process Reform Act of 2014 (A) establish procedures for allowing a bipartisan majority of Commissioners to place an order, decision, report, or action on the agenda of an open meeting; (B) establish procedures for informing all Commissioners of a reasonable number of options available to the Commission for resolving a petition, complaint, application, rulemaking, or other proceeding; (C) establish procedures for ensuring that all Commissioners have adequate time, prior to being required to decide a petition, complaint, application, rulemaking, or other proceeding (including at a meeting held under section 5(d)), to review the proposed Commission decision document, including the specific language of any proposed rule or any proposed amendment of an existing rule; (D) establish procedures for publishing the text of agenda items to be voted on at an open meeting in advance of the meeting so that the public has the opportunity to read the text before a vote is taken; (E) establish deadlines (relative to the date of filing) for disposition of applications for a license under section 1.913 (F) assign resources needed to meet the deadlines described in subparagraph (E), including whether the ability of the Commission to meet those deadlines would be enhanced by assessing a fee from applicants for a license described in subparagraph (E); and (G) publish each order, decision, report, or action not later than 30 days after the date of the adoption of the order, decision, report, or action. (4) Data for performance measures The Commission shall develop a performance measure or proposed performance measure required under this subsection to rely, where possible, on data already collected by the Commission. (c) Periodic review On the date that is 5 years after the completion of the rulemaking proceeding under subsection (b)(1), and every 5 years thereafter, the Commission shall initiate a new rulemaking proceeding to continue to consider any procedural changes to the rules of the Commission that may be in the public interest to maximize opportunities for public participation and efficient decisionmaking. (d) Nonpublic collaborative discussions (1) In general Notwithstanding section 552b (A) a vote or any other agency action is not taken at the meeting; (B) each person present at the meeting is a Commissioner, an employee of the Commission, a member of a joint board or conference established under section 410, or a person on the staff of such a joint board or conference or of a member of such a joint board or conference; and (C) an attorney from the Office of General Counsel of the Commission is present at the meeting. (2) Disclosure of nonpublic collaborative discussions Not later than 2 business days after the conclusion of a meeting held under paragraph (1), the Commission shall publish a disclosure of the meeting, including— (A) a list of the persons who attended the meeting; and (B) a summary of the matters discussed at the meeting, except for any matters that the Commission determines may be withheld under section 552b(c) (3) Preservation of open meetings requirements for agency action Nothing in this subsection shall limit the applicability of section 552b (e) Access to certain information on Commission’s website The Commission shall provide direct access from the homepage of the website of the Commission to— (1) detailed information regarding— (A) the budget of the Commission for the current fiscal year; (B) the appropriations for the Commission for the current fiscal year; and (C) the total number of full-time equivalent employees of the Commission; and (2) the performance plan most recently made available by the Commission under section 1115(b) of title 31, United States Code. (f) Federal Register publication (1) In general In the case of any document adopted by the Commission that the Commission is required, under any provision of law, to publish in the Federal Register, the Commission shall, not later than the date described in paragraph (2), complete all Commission actions necessary for the document to be so published. (2) Date described The date described in this paragraph is the earlier of— (A) the date that is 45 days after the date of the release of the document described in paragraph (1); or (B) the date by which the actions described in paragraph (1) must be completed to comply with any deadline under any other provision of law. (3) No effect on deadlines for publication in other form (A) In general In the case of a deadline that does not specify that the form of publication is publication in the Federal Register, the Commission may comply with the deadline by publishing the document in another form. (B) Applicability of Federal Register publication requirements Publication of a document in another form as described in subparagraph (A) shall not relieve the Commission of any Federal Register publication requirement applicable to the document, including the requirement under paragraph (1). (g) Consumer complaint database (1) In general In evaluating and processing consumer complaints, the Commission shall present information about the complaints in a publicly available, searchable database on the website of the Commission that— (A) facilitates easy use by consumers; and (B) to the extent practicable, is sortable and accessible by— (i) the date of the filing of the complaint; (ii) the topic of the complaint; (iii) the party complained of; and (iv) other elements that the Commission considers in the public interest. (2) Duplicative complaints In the case of multiple complaints arising from the same alleged misconduct, the Commission may satisfy the requirement under paragraph (1) by including information concerning only 1 such complaint in the database described in paragraph (1). (h) Form of publication (1) In general In complying with a requirement under this section to publish a document, the Commission shall publish the document on the website of the Commission, in addition to publishing the document in any other form that the Commission is required to use or is permitted to and chooses to use. (2) Exception The Commission shall by rule establish procedures for redacting documents required to be published under this section so that the published versions of the documents do not contain— (A) information the publication of which would be detrimental to national security, homeland security, law enforcement, or public safety; or (B) information that is proprietary or confidential. (i) Transparency relating to performance in meeting FOIA requirements The Commission shall take additional steps to inform the public about the performance and efficiency of the Commission in meeting the disclosure and other requirements under section 552 Freedom of Information Act (1) publishing on the website of the Commission the logs used by the Commission for tracking, responding to, and managing requests submitted under such section, including the Commission’s fee estimates, fee categories, and fee request determinations; (2) releasing to the public all decisions made by the Commission (including decisions made by the Bureaus and Offices of the Commission) granting or denying requests filed under such section, including any such decisions pertaining to the estimate and application of fees assessed under such section; (3) publishing on the website of the Commission electronic copies of documents released under such section; and (4) presenting, in the annual budget estimates of the Commission submitted to Congress and the annual performance and financial reports of the Commission, information about the handling by the Commission of requests under such section, including— (A) the number of requests under such section the Commission received during the most recent fiscal year; (B) the number of requests described in subparagraph (A) granted and denied; (C) a comparison of the processing of requests described in subparagraph (A) by the Commission during a period of not less than the 3 preceding fiscal years; and (D) a comparison of the results of the Commission in processing requests described in subparagraph (A) with the most recent average for the United States Government as published on www.foia.gov. (j) Prompt release of statistical reports and reports to Congress Not later than January 15 of each year, the Commission shall identify, catalog, and publish an anticipated release schedule for all statistical reports and reports to Congress that are regularly or intermittently released by the Commission and will be released during the year. (k) Annual scorecard reports (1) In general For the 1-year period beginning on January 1 of each year, the Commission shall prepare a report on the performance of the Commission in conducting proceedings and meeting the deadlines established under subsection (b)(2)(E) and the guidelines established under subsection (b)(2)(F). (2) Contents Each report required under paragraph (1) shall contain detailed statistics on the performance of the Commission as described in paragraph (1), including, with respect to each Bureau of the Commission— (A) with respect to each type of filing specified in subsection (b)(2)(E) or (b)(2)(F)— (i) the number of filings that were pending on the last day of the period covered by the report; (ii) the number of filings described in clause (i) for which each applicable deadline or guideline established under such subsection was not met and the average length of time those filings have been pending; and (iii) for filings that were resolved during the period covered by the report, the average time between initiation and resolution and the percentage for which each applicable deadline or guideline established under such subsection was met; (B) with respect to proceedings before an administrative law judge— (i) the number of proceedings completed during the period covered by the report; and (ii) the number of proceedings pending on the last day of the period covered by the report; and (C) the number of independent studies or analyses published by the Commission during the period covered by the report. (3) Publication and submission The Commission shall publish and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate each report required under paragraph (1) not later than the date that is 30 days after the last day of the period covered by the report. . (b) Effective dates and implementing rules (1) Effective dates (A) Nonpublic collaborative discussions Subsection (d) of section 13 of the Communications Act of 1934, as added by subsection (a), shall apply beginning on the first date on which all of the procedural changes to the rules of the Federal Communications Commission required under subsection (b)(1) of such section have taken effect. (B) Schedules and reports Subsections (j) and (k) of section 13 of the Communications Act of 1934, as added by subsection (a), shall apply with respect to 2015 and any year thereafter. (2) Rules Except as otherwise provided in section 13 of the Communications Act of 1934, as added by subsection (a), the Federal Communications Commission shall promulgate any rules necessary to carry out such section not later than 1 year after the date of enactment of this Act. 3. Categorization of TCPA inquiries and complaints in quarterly report In compiling its quarterly report with respect to informal consumer inquiries and complaints, the Federal Communications Commission may not categorize an inquiry or complaint with respect to section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 4. Effect on other laws Nothing in this Act or the amendments made by this Act shall relieve the Federal Communications Commission from any obligations under title 5, United States Code, except where otherwise expressly provided. 5. Application of Antideficiency Act to Universal Service Program (a) In general Section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 (m) Application of Antideficiency Act Section 1341 and subchapter II of chapter 15 (1) any amount collected or received as Federal universal service contributions required under this section, including any interest earned on such contributions; or (2) the expenditure or obligation of amounts attributable to contributions described in paragraph (1) for universal service support programs established under this section. . (b) Repeal of temporary provision The Universal Service Antideficiency Temporary Suspension Act (title III of Public Law 108–494	Federal Communications Commission Process Reform Act of 2014
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to prohibit unlawful aliens from being eligible for any postsecondary education benefit unless every citizen and national of this country is eligible to receive that benefit in no less of an amount, duration, or scope. (This replaces a prohibition on states offering unlawful aliens postsecondary benefits on the basis of their residence in the state that are more generous than those offered citizens or naturals of this country without regard to their state residence.) Allows any citizen or national who is enrolled at a postsecondary educational institution that is alleged to have violated that prohibition to bring a civil action against any state official overseeing the institution to obtain appropriate relief, attorneys' fees, and court costs.	To prohibit aliens who are not lawfully present in the United States from being eligible for postsecondary education benefits that are not available to all citizens and nationals of the United States. 1. Prohibition of preferential treatment for illegal aliens Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is amended to read as follows: 505. Ineligibility for aliens not lawfully present in the United States to receive preferential postsecondary education benefits (a) In general An alien who is not lawfully present in the United States shall not be eligible for any postsecondary education benefit unless every citizen and national of the United States is eligible to receive such a benefit (in no less an amount, duration, and scope). (b) Enforcement through civil action (1) In general Any citizen or national of the United States who is enrolled at a postsecondary educational institution in the United States that is alleged to have violated subsection (a) may petition the district court of the United States in which such institution is located to enforce the restriction described in such subsection by commencing a civil action, on his or her own behalf, in such court against any State official that oversees such institution. (2) Relief If the plaintiff in a civil action commenced under paragraph (1) proves by a preponderance of the evidence that the postsecondary educational institution in which the plaintiff was enrolled violated subsection (a), the court shall— (A) provide all appropriate relief to the plaintiff, including damages equal to the monetary value of any benefit provided to an alien who is not lawfully present in the United States that was denied to the plaintiff; and (B) award attorneys' fees and court costs to the plaintiff. .	A bill to prohibit aliens who are not lawfully present in the United States from being eligible for postsecondary education benefits that are not available to all citizens and nationals of the United States.
Disaster Savings Accounts Act of 2014 - Amends the Internal Revenue Code to: (1) establish tax-exempt disaster savings accounts to pay the expenses of homeowners for disaster mitigation and recovery expenses, (2) allow a deduction from gross income (above-the-line deduction) up to $5,000 (adjusted annually for inflation) in a taxable year for cash contributions to such accounts, (3) exclude from gross income distributions from such accounts to pay disaster mitigation and recovery expenses; and (4) set forth tax rules and penalties for excess contributions to disaster savings accounts and for failure to file required reports on such accounts.	To amend the Internal Revenue Code of 1986 to allow individuals a deduction for amounts contributed to disaster savings accounts to help defray the cost of preparing their homes to withstand a disaster and to repair or replace property damaged or destroyed in a disaster. 1. Short title This Act may be cited as the Disaster Savings Accounts Act of 2014 2. Deduction for contributions to disaster savings accounts (a) In general Part VII of subchapter B of chapter 1 224. Disaster savings accounts (a) Deduction allowed In the case of an eligible individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid during such taxable year by or on behalf of such individual to a disaster savings account of such individual. (b) Limitation (1) In general The amount allowed as a deduction under subsection (a) to an individual for the taxable year shall not exceed $5,000. (2) Partial year of eligibility In the case of an individual who is an eligible individual for only a portion of the taxable year, the limitation under paragraph (1) shall be the same proportion of $5,000 as such portion bears to the entire taxable year. (c) Eligible individual For purposes of this section, the term eligible individual (d) Disaster savings account For purposes of this section— (1) In general The term disaster savings account (A) Except in the case of a rollover contribution described in subsection (f)(5), no contribution will be accepted— (i) unless it is in cash, or (ii) to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar limitation in effect under subsection (b). (B) The trustee is a bank (as defined in section 408(n)), an insurance company (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. (C) No part of the trust assets will be invested in life insurance contracts. (D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (E) The interest of an individual in the balance in his account is nonforfeitable. (2) Qualified disaster expenses The term qualified disaster expenses (A) disaster mitigation expenses, and (B) disaster recovery expenses. (3) Disaster mitigation expenses The term disaster mitigation expenses (A) Tornado safe rooms manufactured or constructed in accordance with FEMA 320 or FEMA 361 guidance or tornado shelters manufactured or constructed in accordance with the National Storm Shelter/International Code Council 500 standard. (B) Opening protection, including impact and wind resistant windows, exterior doors, and garage doors. (C) Reinforcement of roof-to-wall and floor-to-wall connections for wind or seismic activity. (D) Roof covering for impact, fire, or high wind resistance. (E) Cripple and shear walls to resist seismic activity. (F) Flood resistant building materials. (G) Elevating structures and utilities above base flood elevation. (H) Fire resistant exterior wall assemblies/systems. (I) Lightning protection systems. (J) Whole home standby generators. (K) Any activity specified by the Secretary as appropriate to mitigate the risks of future hazards (including earthquake, flood, hail, hurricane, lightning, power outage, tornado, and wildfire) and other natural disasters. (4) Disaster recovery expenses The term disaster recovery expenses (5) Disaster-related uninsured personal casualty loss The term disaster-related uninsured personal casualty loss (6) Federally declared disaster The term federally declared disaster (7) Account beneficiary The term account beneficiary (e) Treatment of account (1) In general A disaster savings account is exempt from taxation under this subtitle unless such account has ceased to be a disaster savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (2) Account terminations Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to disaster savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay disaster mitigation expenses. (f) Tax treatment of distributions (1) Amounts used for disaster mitigation expenses Any amount paid or distributed out of a disaster savings account which is used exclusively to pay qualified disaster expenses of any account beneficiary shall not be includible in gross income. (2) Inclusion of amounts not used for disaster mitigation expenses Any amount paid or distributed out of a disaster savings account which is not used exclusively to pay the qualified disaster expenses of the account beneficiary shall be included in the gross income of such beneficiary. (3) Excess contributions returned before due date of return (A) In general If any excess contribution is contributed for a taxable year to any disaster savings account of an individual, paragraph (2) shall not apply to distributions from the disaster savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. (B) Excess contribution For purposes of subparagraph (A), the term excess contribution (4) Additional tax on distributions not used for disaster mitigation expenses (A) In general The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a disaster savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 20 percent of the amount which is so includible. (B) Exception for disability or death Subparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. (5) Rollover contribution An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general Paragraph (2) shall not apply to any amount paid or distributed from a disaster savings account to the account beneficiary to the extent the amount received is paid into a disaster savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a disaster savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a disaster savings account which was not includible in the individual's gross income because of the application of this paragraph. (g) Cost-of-Living adjustment (1) In general In the case of a taxable year beginning after 2015, the $5,000 amount in subsection (b) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting calendar year 2014 calendar year 1992 (2) Rounding If any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. (h) Special rules (1) Denial of deduction to dependents No deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. (2) Taxable year must be full taxable year Except in the case of a taxable year closed by reason of the death of the taxpayer, no deduction shall be allowed under this section in the case of a taxable year covering a period of less than 12 months. (3) Certain rules to apply Rules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Section 219(f)(3) (relating to time when contributions deemed made). (C) Section 219(f)(5) (relating to employer payments). (D) Section 408(g) (relating to community property laws). (E) Section 408(h) (relating to custodial accounts). (F) Section 224(f)(7) (relating to transfer of account incident to divorce). (G) Section 224(f)(8) (relating to treatment after death of account beneficiary). (4) Coordination with casualty loss deduction No deduction shall be allowed under section 165 for a loss for which a disaster recovery expense payment is made from a disaster savings account. (i) Reports The Secretary may require the trustee of a disaster savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary determines appropriate. . (b) Deduction allowed whether or not individual itemizes other deductions Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: (22) Disaster savings accounts The deduction allowed by section 224. . (c) Tax on excess contributions Section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended— (1) by striking or or (6) a disaster savings account (within the meaning of section 224(d)), , and (2) by adding at the end the following new subsection: (h) Excess contributions to disaster savings accounts For purposes of this section, in the case of disaster savings accounts (within the meaning of section 224(d)), the term excess contributions (1) the aggregate amount contributed for the taxable year to the accounts (other than a rollover contribution described in section 224(f)(5)) which is not allowable as a deduction under section 224 for such year, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the accounts which were included in gross income under section 224(f)(2), and (B) the excess (if any) of— (i) the maximum amount allowable as a deduction under section 224(b) for the taxable year, over (ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the disaster savings account in a distribution to which section 224(f)(3) applies shall be treated as an amount not contributed. . (d) Failure To provide reports on disaster savings accounts Paragraph (2) of section 6693(a) of such Code (relating to reports) is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following new subparagraph: (D) section 224(i) (relating to disaster savings accounts), . (e) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following: Sec. 224. Disaster savings accounts. Sec. 225. Cross reference. . (f) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.	Disaster Savings Accounts Act of 2014
Quality Foster Care Services Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to extend medical assistance coverage to therapeutic foster care services. Requires a qualified therapeutic foster care program to be state-licensed and provide: (1) foster care children under 21 with structured daily activities, including the development of age-appropriate social, communication and behavioral skills, trauma-informed and gender-responsive services, crisis intervention and crisis support services, medication monitoring, counseling, and case management; and (2) foster care parents with specialized training and consultation in the management of children with mental illness, trauma, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, and specific additional training on the needs of each child provided such services.	To amend title XIX of the Social Security Act to provide a standard definition of therapeutic foster care services in Medicaid. 1. Short title This Act may be cited as the Quality Foster Care Services Act of 2014 2. Inclusion of therapeutic foster care as medical assistance (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (1) in subsection (a)— (A) in paragraph (28), by striking and (B) by redesignating paragraph (29) as paragraph (30); and (C) by inserting after paragraph (28) the following new paragraph: (29) therapeutic foster care services described in subsection (ee); and ; and (2) by adding at the end the following new subsection: (ee) (1) For purposes of subsection (a)(29), subject to subparagraph (C), therapeutic foster care services described in this subsection are services provided for children who have not attained age 21, and who, as a result of mental illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, need the level of care provided in an institution (including a psychiatric residential treatment facility) or nursing facility the cost of which could be reimbursed under the State plan but who can be cared for or maintained in a community placement, through therapeutic foster care programs that— (A) are licensed by the State and accredited by the Joint Commission, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, or by another equivalent accreditation agency (or agencies) as the Secretary may recognize; (B) provide structured daily activities, including the development, improvement, monitoring, and reinforcing of age-appropriate social, communication and behavioral skills, trauma-informed and gender-responsive services, crisis intervention and crisis support services, medication monitoring, counseling, and case management, and may furnish other intensive community services; and (C) provide foster care parents with specialized training and consultation in the management of children with mental illness, trauma, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, and specific additional training on the needs of each child provided such services. (2) In making coverage determinations under paragraph (1), a State may employ medical necessity criteria that are similar to the medical necessity criteria applied to coverage determinations for other services and supports under this title. (3) The services described in this subsection do not include the training referred to in paragraph (1)(C). . (b) Effective date The amendments made by subsection (a) shall apply to calendar quarters beginning on or after the date of enactment of this Act.	Quality Foster Care Services Act of 2014
Veterans Care Financial Protection Act of 2014 - Requires the Secretary of Veterans Affairs (VA) to: (1) work with federal agencies, states, and such experts as the Secretary considers appropriate to develop and implement federal and state standards that protect individuals who are eligible for increased pension for a non-service-connected disability or death or for service on the basis of need for regular aid and attendance from dishonest, predatory, or otherwise unlawful practices; and (2) submit such standards to specified congressional committees not later than 180 days after the date of the enactment of this Act. Requires the Comptroller General: (1) within one year after enactment of this Act, to report standards that would be effective in protecting such individuals if the Secretary fails to submit such standards within such 180 days; and (2) not later than 540 days after enactment of this Act, to complete a study on standards implemented under this Act and report the findings to such committees.	To protect individuals who are eligible for increased pension under laws administered by the Secretary of Veterans Affairs on the basis of need of regular aid and attendance from dishonest, predatory, or otherwise unlawful practices, and for other purposes. 1. Short title This Act may be cited as the Veterans Care Financial Protection Act of 2014 2. Protection of individuals eligible for increased pension under laws administered by Secretary of Veterans Affairs on basis of need for regular aid and attendance (a) Development and implementation of standards (1) In general The Secretary of Veterans Affairs shall work with the heads of Federal agencies, States, and such experts as the Secretary considers appropriate to develop and implement Federal and State standards that protect individuals from dishonest, predatory, or otherwise unlawful practices relating to increased pension available to such individuals under chapter 15 (2) Submittal to Congress Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives the standards developed under paragraph (1). (b) Conditional recommendation by Comptroller General If the Secretary does not, on or before the date that is 180 days after the date of the enactment of this Act, submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives standards that are developed under subsection (a)(1), the Comptroller General of the United States shall, not later than the date that is one year after the date of the enactment of this Act, submit to such committees a report containing standards that the Comptroller General determines are standards that would be effective in protecting individuals as described in such subsection. (c) Study by Comptroller General Not later than 540 days after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study on standards implemented under this section to protect individuals as described in subsection (a)(1) and submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the findings of the Comptroller General with respect to such study.	Veterans Care Financial Protection Act of 2014
TRICARE Moms Improvement Act of 2014 - Requires the contracts entered into by the Secretary of Defense (DOD) for medical care for military dependents (e.g., TRICARE) to provide for breastfeeding support, supplies, and counseling as appropriate during pregnancy and the postpartum period.	To amend title 10, United States Code, to provide for the availability of breastfeeding support, supplies, and counseling under the TRICARE program. 1. Short title This Act may be cited as the TRICARE Moms Improvement Act of 2014 2. Availability of breastfeeding support, supplies, and counseling under the TRICARE program Section 1079(a) (18) Breastfeeding support, supplies (including breast pumps and associated equipment), and counseling shall be provided as appropriate during pregnancy and the postpartum period. .	TRICARE Moms Improvement Act of 2014
Personal Data Protection and Breach Accountability Act of 2014 - Title I: Enhancing Punishment for Identity Theft and Other Violations of Data Privacy and Security - Amends the federal criminal code to impose a fine and/or prison term of up to five years for intentionally or willfully concealing a security breach involving sensitive personally identifiable information when such breach results in economic harm or substantial emotional distress to one or more persons. Makes it unlawful for a service provider to knowingly or intentionally redirect web searches or otherwise monitor, manipulate, aggregate, and market data from websites without the consent of the Internet user. Imposes a civil fine of up to $500,000 for a violation of this provision and an increased fine of up to $1 million for engaging in a pattern or practice of activity that violates this provision. Title II: Privacy and Security of Sensitive Personally Identifiable Information - Makes any interstate business entity that collects, accesses, transmits, uses, stores, or disposes of sensitive personally identifiable information on 10,000 or more U.S. persons subject to the requirements for a data privacy and security program under this Act. Exempts public records not otherwise subject to a confidentiality or nondisclosure requirement, certain financial institutions subject to the Gramm-Leach-Bliley Act, business entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and service providers exclusively engaged in the transmission, routing, or storage of data. Requires business entities that are subject to personal data privacy and security requirements of this Act to implement a comprehensive program that: (1) ensures the privacy, security, and confidentiality of sensitive personally identifiable information; (2) protects against any anticipated vulnerabilities to the privacy, security, or integrity of such information; and (3) protects against unauthorized access to such information that could create a significant risk of harm. Requires such entities to: (1) assess risks of future security breaches and design a personal data privacy and security program to control such risks; (2) ensure employee training for implementing a security program; (3) ensure regular testing of key controls, systems, and procedures of such program; and (4) monitor, evaluate, and adjust the security program to reflect relevant changes in technology and other considerations. Authorizes the Attorney General to bring a civil action or request injunctive relief against any business entity that violates the requirements of this title and obtain fines against such entity for violations, including enhanced penalties for intentional or willful violations. Authorizes a state attorney general to bring a civil action or request injunctive relief against a business entity that adversely threatens or affects the residents of the state by violating the requirements of this title. Allows individuals aggrieved by a violation of the data privacy and security requirements of this title to bring a civil action to recover for personal injuries sustained as a result of such violation. Allows punitive damages against a business entity that intentionally or willfully violates the provisions of this title. Requires any agency or interstate business entity that uses, accesses, transmits, stores, disposes of, or collects sensitive personally identifiable information to notify without unreasonable delay any U.S. resident whose information has been, or is reasonably believed to have been, accessed or acquired. Allows a federal law enforcement agency or member of the intelligence community to delay notification if it determines that such notification would impede a lawful criminal investigation or authorized intelligence activity. Exempts an agency or business entity from the notification requirement if: (1) the U.S. Secret Service or the Federal Bureau of Investigation (FBI) determines that notification of a security breach would reveal sensitive sources, impede law enforcement investigations, or cause damage to national security; or (2) the agency or entity conducts a risk assessment in consultation with the Federal Trade Commission (FTC) and concludes that there is no significant risk of a security breach and the FTC does not act to deny an exemption. Exempts certain financial institutions subject to the Gramm-Leach-Bliley Act and business entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Sets forth the method of notice required for informing individuals of a security breach, including written notice to the last known home mailing address or e-mail address of such individuals and public notice by electronic means or by general media if the sensitive personally identifiable information of more than 5,000 individuals is involved. Establishes requirements for the content of a notice to an individual whose sensitive personally identifiable information has been breached, including a description of the categories of such information, contact information, and a notice that such individual is entitled to a free consumer credit report on a quarterly basis for two years. Requires an agency or business entity that is required to provide notice of a security breach to provide at no cost to an individual whose sensitive personally identifiable information was breached a consumer credit report on a quarterly basis for a two-year period, a credit monitoring service, a security freeze on the individual's credit report, and compensation for damages incurred by an individual resulting from the security breach. Requires any agency or business entity that is required to notify more than 5,000 individuals of a security breach to also notify consumer credit reporting agencies without unreasonable delay. Requires the Secretary of Homeland Security (DHS), in consultation with the Attorney General, to designate a federal entity (designated entity) to receive information and reports about information security incidents, threats, and vulnerabilities. Requires the designated entity to provide such information to the Secret Service, to the FBI, to the FTC for civil law enforcement purposes, and to other federal agencies for law enforcement, national security, or data security purposes. Requires business entities and agencies to notify the designated entity of a security breach within 10 days of discovery. Authorizes the Attorney General to bring a civil action or request injunctive relief against any business entity that violates such notification requirements. Grants the FTC authority for enforcing compliance with such requirements. Authorizes a state attorney general to bring a civil action or request injunctive relief against a business entity that adversely threatens or affects the residents of the state by violating such requirements. Allows individuals aggrieved by a violation of the notification requirements to bring a civil action to recover for personal injuries sustained as a result of such violation or obtain injunctive relief. Allows punitive damages against a business entity that intentionally or willfully violates such requirements. Provides that the provisions of this title supersede other provisions of federal or state law relating to notification, but do not exempt any entity from liability under common law for damages caused by failure to notify an individual following a security breach. Authorizes appropriations to the Secret Service to carry out investigations and risk assessments of security breaches. Requires the Secret Service and the FBI to report on the number and nature of the security breaches described in notices filed by entities seeking a risk assessment exemption and the response of the Secret Service and FBI to such notices. Requires the entity designated by DHS under this Act to maintain a clearinghouse of technical information concerning system vulnerabilities identified in the wake of security breaches. Allows agencies and business entities that are certified to review information in the clearinghouse to access such information to improve the security and reduce the vulnerability of networks that contain sensitive personally identifiable information. Requires the DHS designated entity to ensure that: (1) technical information disclosed to it is stored in a format designed to protect proprietary business information from inadvertent disclosure; and (2) all information stored in the technical information clearinghouse is presented in a form that minimizes the potential for such information to be traced to a particular network, company, or security breach incident. Exempts information in the technical information clearinghouse from disclosure under the Freedom of Information Act. Title III: Access to and Use of Commercial Data - Requires the Administrator of the General Services Administration (GSA), in considering contract awards totaling more than $500,000, to evaluate: (1) the data privacy and security program of a data broker and the broker's compliance with such program, (2) the extent to which databases and systems have been compromised by security breaches, and (3) data broker responses to such breaches. Defines a "data broker" as a business entity that regularly collects, transmits, or provides access to sensitive personally identifiable information on more than 5,000 individuals who are not the customers or employees of that business entity for purposes of providing such information to non-affiliated third parties on an interstate basis. Requires federal agencies to: (1) evaluate and audit the information security practices of contractors or third party business entities that support the information systems or operations of such agencies involving sensitive personally identifiable information, and (2) ensure remedial action to address any significant deficiencies. Requires federal agencies to conduct a privacy impact assessment before purchasing or subscribing to personally identifiable information from a data broker. Requires the Comptroller General to report on federal agency adherence to key privacy principles in using data brokers of commercial databases containing sensitive personally identifiable information. Requires the FBI, in coordination with the Secret Service, to report to the Judiciary Committees of Congress on any reported security breaches at agencies or business entities during the year preceding enactment of this Act. Requires the Attorney General to submit annual reports on federal, state, and private enforcement of this Act, with recommendations for increasing the effectiveness of such enforcement actions. Requires the FBI, in coordination with the Attorney General and the FTC to report to the Judiciary Committees on the effectiveness of post-breach notification practices by agencies and business entities. Title IV: Compliance with Statutory Pay-As-You-Go Act - Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.	To protect consumers by mitigating the vulnerability of personally identifiable information to theft through a security breach, providing notice and remedies to consumers in the wake of such a breach, holding companies accountable for preventable breaches, facilitating the sharing of post-breach technical information between companies, and enhancing criminal and civil penalties and other protections against the unauthorized collection or use of personally identifiable information. 1. Short title; table of contents (a) Short title This Act may be cited as the Personal Data Protection and Breach Accountability Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Enhancing punishment for identity theft and other violations of data privacy and security Sec. 101. Concealment of security breaches involving sensitive personally identifiable information. Sec. 102. Unauthorized manipulation of Internet traffic on a user’s computer. TITLE II—Privacy and security of sensitive personally identifiable information Subtitle A—A data privacy and security program Sec. 201. Purpose and applicability of data privacy and security program. Sec. 202. Requirements for a personal data privacy and security program. Sec. 203. Federal enforcement. Sec. 204. Enforcement by State Attorneys General. Sec. 205. Supplemental enforcement by individuals. Subtitle B—Security breach notification Sec. 211. Notice to individuals. Sec. 212. Exemptions from notice to individuals. Sec. 213. Methods of notice to individuals. Sec. 214. Content of notice to individuals. Sec. 215. Remedies for security breach. Sec. 216. Notice to credit reporting agencies. Sec. 217. Notice to law enforcement. Sec. 218. Federal enforcement. Sec. 219. Enforcement by State attorneys general. Sec. 220. Supplemental enforcement by individuals. Sec. 221. Relation to other laws. Sec. 222. Authorization of appropriations. Sec. 223. Reporting on risk assessment exemptions. Subtitle C—Post-Breach technical information clearinghouse Sec. 230. Clearinghouse information collection, maintenance, and access. Sec. 231. Protections for clearinghouse participants. Sec. 232. Effective date. TITLE III—Access to and use of commercial data Sec. 301. General services administration review of contracts. Sec. 302. Requirement to audit information security practices of contractors and third-party business entities. Sec. 303. Privacy impact assessment of government use of commercial information services containing sensitive personally identifiable information. Sec. 304. FBI report on reported breaches and compliance. Sec. 305. Department of Justice report on enforcement actions. Sec. 306. Report on notification effectiveness. TITLE IV—Compliance with Statutory Pay-As-You-Go Act Sec. 401. Budget compliance. 2. Findings Congress finds that— (1) databases of personally identifiable information are increasingly prime targets of hackers, identity thieves, rogue employees, and other criminals, including organized and sophisticated criminal operations; (2) identity theft is a serious threat to the Nation’s economic stability, homeland security, the development of e-commerce, and the privacy rights of people in the United States; (3) over 9,300,000 individuals were victims of identity theft in the United States in 2010; (4) security breaches are a serious threat to consumer confidence, homeland security, e-commerce, and economic stability; (5) it is important for business entities that own, use, or license personally identifiable information to adopt reasonable procedures to ensure the security, privacy, and confidentiality of that personally identifiable information; (6) individuals whose personal information has been compromised or who have been victims of identity theft should receive the necessary information and assistance to mitigate their damages and to restore the integrity of their personal information and identities; (7) data misuse and use of inaccurate data have the potential to cause serious or irreparable harm to an individual’s livelihood, privacy, and liberty and undermine efficient and effective business and government operations; (8) there is a need to ensure that data brokers conduct their operations in a manner that prioritizes fairness, transparency, accuracy, and respect for the privacy of consumers; (9) government access to commercial data can potentially improve safety, law enforcement, and national security; (10) because government use of commercial data containing personal information potentially affects individual privacy, and law enforcement and national security operations, there is a need for Congress to exercise oversight over government use of commercial data; (11) over 22,960,000 cases of data breaches involving personally identifiable information were reported through July of 2011, and in 2009 through 2010, over 230,900,000 cases of personal data breaches were reported; (12) facilitating information sharing among business entities and across sectors in the event of a breach can assist in remediating the breach and preventing similar breaches in the future; (13) because the Federal Government has limited resources, consumers themselves play a vital and complementary role in facilitating prompt notification and protecting against future breaches of security; (14) in addition to the immediate damages caused by security breaches, the lack of basic remedial requirements often forces individuals whose sensitive personally identifiable information is compromised as a result of a security breach to incur the economic costs of litigation to seek remedies, and the economic costs of fees required in many States to freeze compromised accounts; and (15) victims of personal data breaches may suffer debilitating emotional and physical effects and become depressed or anxious, especially in cases of repeated or unresolved instances of data breaches. 3. Definitions (a) In general In this Act, the following definitions shall apply: (1) Affiliate The term affiliate (2) Agency The term agency section 551 (3) Business entity The term business entity (4) Credit rating agency The term credit rating agency 15 U.S.C. 78c(a)(61) (5) Credit report The term credit report 15 U.S.C. 1681a(d) (6) Data broker The term data broker (7) Designated entity The term designated entity (8) Encryption The term encryption (A) means the protection of data in electronic form, in storage or in transit, using an encryption technology that has been generally accepted by experts in the field of information security that renders such data indecipherable in the absence of associated cryptographic keys necessary to enable decryption of such data; and (B) includes appropriate management and safeguards of such cryptographic keys so as to protect the integrity of the encryption. (9) Identity theft The term identity theft section 1028(a)(7) (10) Intelligence community The term intelligence community (A) The Office of the Director of National Intelligence. (B) The Central Intelligence Agency. (C) The National Security Agency. (D) The Defense Intelligence Agency. (E) The National Geospatial-Intelligence Agency. (F) The National Reconnaissance Office. (G) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs. (H) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Federal Bureau of Investigation, and the Department of Energy. (I) The Bureau of Intelligence and Research of the Department of State. (J) The Office of Intelligence and Analysis of the Department of the Treasury. (K) The elements of the Department of Homeland Security concerned with the analysis of intelligence information, including the Office of Intelligence of the Coast Guard. (L) Such other elements of any other department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community. (11) Predispute arbitration agreement The term predispute arbitration agreement (12) Public record source The term public record source (13) Security breach (A) In general The term security breach (i) the unauthorized acquisition of sensitive personally identifiable information; or (ii) access to sensitive personally identifiable information that is for an unauthorized purpose, or in excess of authorization. (B) Exclusion The term security breach (i) a good faith acquisition of sensitive personally identifiable information by a business entity or agency, or an employee or agent of a business entity or agency, if the sensitive personally identifiable information is not subject to further unauthorized disclosure; (ii) the release of a public record not otherwise subject to confidentiality or nondisclosure requirements or the release of information obtained from a public record; or (iii) any lawfully authorized criminal investigation or authorized investigative, protective, or intelligence activities that are carried out by or on behalf of any element of the intelligence community and conducted in accordance with the United States laws, authorities, and regulations governing such intelligence activities. (14) Security freeze The term security freeze (15) Sensitive personally identifiable information The term sensitive personally identifiable information (A) An individual’s first and last name or first initial and last name in combination with any 2 of the following data elements: (i) Home address. (ii) Telephone number of the individual. (iii) Mother’s maiden name. (iv) Month, day, and year of birth. (B) A non-truncated social security number, driver’s license number, passport number, or alien registration number or other government-issued unique identification number. (C) Information about an individual’s geographic location that is in whole or in part generated by or derived from that individual’s use of a wireless communication device or other electronic device, excluding telephone and instrument numbers and network or Internet Protocol addresses. (D) Unique biometric data such as a fingerprint, voice print, face print, a retina or iris image, or any other unique physical representation. (E) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, health insurance policy or subscriber identification number, or routing code. (F) Not less than 2 of the following data elements: (i) An individual’s first and last name or first initial and last name. (ii) A unique account identifier, including a financial account number or credit or debit card number, electronic identification number, user name, or routing code. (iii) Any security code, access code, or password, or source code that could be used to generate such codes and passwords. (iv) Information regarding an individual’s medical history, mental or physical medical condition, or medical treatment or diagnosis by a health care professional. (G) Any other combination of data elements that could allow unauthorized access to or acquisition of the information described in subparagraph (A), (B), (C), (D), (E), or (F), including— (i) a unique account identifier; (ii) an electronic identification number; (iii) a user name; (iv) a routing code; or (v) any associated security code, access code, or password or any associated security questions and answers that could allow unauthorized access to the account. (16) Service provider (A) In general The term service provider (i) provides electronic data transmission, routing, intermediate and transient storage, or connections to the system or network of the business entity; (ii) is not the sender or the intended recipient of the data; (iii) is not ordinarily expected to select or modify the content of the electronic data; and (iv) transmits, routes, stores, or provides connections for personal information in a manner that personal information is undifferentiated from other types of data that such business entity transmits, routes, stores, or provides connections. (B) Savings clause Any such business entity shall be treated as a service provider under this Act only to the extent that the business entity is engaged in the provision of the transmission, routing, intermediate and transient storage or connections described in subparagraph (A). (b) Modified definition by rulemaking The Federal Trade Commission may, by rule promulgated under section 553 sensitive personally identifiable information I Enhancing punishment for identity theft and other violations of data privacy and security 101. Concealment of security breaches involving sensitive personally identifiable information (a) In general Chapter 47 1041. Concealment of security breaches involving sensitive personally identifiable information (a) Whoever, having knowledge of a security breach and of the fact that notice of such security breach is required under title II of the Personal Data Protection and Breach Accountability Act of 2014 (b) For purposes of subsection (a), the term person section 1030(e)(12) (c) Any person seeking an exemption under section 212(b) of the Personal Data Protection and Breach Accountability Act of 2014 Personal Data Protection and Breach Accountability Act of 2014 . (b) Conforming and technical amendments The table of sections for chapter 47 1041. Concealment of security breaches involving sensitive personally identifiable information. . (c) Enforcement authority (1) In general The United States Secret Service and the Federal Bureau of Investigation shall have the authority to investigate offenses under section 1041 (2) Nonexclusivity The authority granted in paragraph (1) shall not be exclusive of any existing authority held by any other Federal agency. 102. Unauthorized manipulation of Internet traffic on a user’s computer (a) Definition In this section, the term protected computer section 1030(e)(2) (b) Prohibition (1) In general Unless a service provider provides a clear and conspicuous disclosure of data collected in the process of intercepting a web search or query entered by an authorized user of a protected computer, and obtains the consent of an authorized user of the protected computer prior to any such action, it shall be unlawful for a service provider to knowingly or intentionally— (A) bypass the display of search engine results and redirect web searches or queries entered by an authorized user of a protected computer directly to a commercial website, counterfeit web page, or targeted advertisement and derive an economic benefit from such activity; or (B) monitor, manipulate, aggregate, and market the data collected in the process of intercepting a web search or query entered by an authorized user of a protected computer and derive an economic benefit from such activity. (2) Consent A service provider may not require consent to perform the collection of data described in paragraph (1) as a condition of providing service to an authorized user of the protected computer. (c) Limitations on liability The restrictions imposed under this section do not apply to any monitoring of, or interaction with, a subscriber's Internet or other network connection or service, or a protected computer, by or at the direction of a telecommunications carrier, cable operator, computer hardware or software provider, financial institution or provider of information services or interactive computer service for— (1) network or computer security purposes; (2) diagnostics; (3) technical support; (4) repair; (5) network management; (6) authorized updates of software or system firmware; (7) authorized remote system management; (8) authorized provision of protection for users of the computer from objectionable content; (9) authorized scanning for computer software used in violation of this section for removal by an authorized user; or (10) detection or prevention of fraud. (d) Enforcement by the Attorney General (1) Liability and penalty for violations Any person who engages in an activity in violation of this section shall be fined not more than $500,000. (2) Enhanced liability and penalties for pattern or practice of violations (A) In general Any person who engages in a pattern or practice of activity that violates the provisions of this section shall be fined not more than $1,000,000. (B) Treatment of single action or conduct For purposes of subparagraph (A), any single action or conduct that violates this section with respect to multiple protected computers shall be construed as a single violation. (3) Considerations In determining the amount of any penalty under paragraph (1) or (2), the court shall take into account— (A) the degree of culpability of the defendant; (B) any history of prior such conduct; (C) the ability of the defendant to pay any fine imposed; (D) the effect on the ability of the defendant to continue to do business; and (E) such other matters as justice may require. II Privacy and security of sensitive personally identifiable information A A data privacy and security program 201. Purpose and applicability of data privacy and security program (a) Purpose The purpose of this subtitle is to ensure standards for developing and implementing administrative, technical, and physical safeguards to protect the security of sensitive personally identifiable information. (b) In general A business entity engaging in interstate commerce that involves collecting, accessing, transmitting, using, storing, or disposing of sensitive personally identifiable information in electronic or digital form on 10,000 or more United States persons is subject to the requirements for a data privacy and security program under section 202 for protecting sensitive personally identifiable information. (c) Limitations Notwithstanding any other obligation under this subtitle, this subtitle does not apply to the following: (1) Financial institutions A financial institution subject to the data security requirements and standards under 501(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)) and subject to the jurisdiction of an agency or authority described in section 505(a) of the Gramm-Leach-Bliley Act (15 U.S.C. 6805(a)), if the Federal functional regulator (as defined in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 15 U.S.C. 6801 et seq. (2) HIPAA regulated entities (A) Covered entities A business entity subject to the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1301 et seq.), including the data security requirements and implementing regulations of that Act. (B) Compliance A business entity that— (i) is acting as a business associate, as that term is defined under the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1301 et seq. (ii) is subject to, and currently in compliance, with the privacy and data security requirements under sections 13401 and 13404 of division A of the American Reinvestment and Recovery Act of 2009 (42 U.S.C. 17931 and 17934) and implementing regulations promulgated under such sections. (3) Service providers A service provider for any electronic communication by a third party, to the extent that the service provider is exclusively engaged in the transmission, routing, or temporary, intermediate, or transient storage of that communication. (4) Public records Public records not otherwise subject to a confidentiality or nondisclosure requirement, or information obtained from a public record, including information obtained from a news report or periodical. (d) Rule of construction Nothing in this subtitle shall be construed to modify, limit, or supersede the operation of the provisions of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. 202. Requirements for a personal data privacy and security program (a) Personal data privacy and security program A business entity subject to this subtitle shall comply with the following safeguards and any other administrative, technical, or physical safeguards identified by the Federal Trade Commission in a rulemaking process pursuant to section 553 of title 5, United States Code, for the protection of sensitive personally identifiable information: (1) Scope A business entity shall implement a comprehensive personal data privacy and security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of the business entity and the nature and scope of its activities. (2) Design The personal data privacy and security program shall be designed to— (A) ensure the privacy, security, and confidentiality of sensitive personally identifiable information; (B) protect against any anticipated vulnerabilities to the privacy, security, or integrity of sensitive personally identifiable information; and (C) protect against unauthorized access to or use of sensitive personally identifiable information that could create a significant risk of harm to any individual. (3) Risk assessment A business entity shall— (A) identify reasonably foreseeable internal and external vulnerabilities that could result in unauthorized access, disclosure, use, or alteration of sensitive personally identifiable information or systems containing sensitive personally identifiable information; (B) assess the likelihood of and potential damage from unauthorized access, disclosure, use, or alteration of sensitive personally identifiable information; (C) assess the sufficiency of its policies, technologies, and safeguards in place to control and minimize risks from unauthorized access, disclosure, use, or alteration of sensitive personally identifiable information; and (D) assess the vulnerability of sensitive personally identifiable information during destruction and disposal of such information, including through the disposal or retirement of hardware. (4) Risk management and control Each business entity shall— (A) design its personal data privacy and security program to control the risks identified under paragraph (3); and (B) adopt measures commensurate with the sensitivity of the data as well as the size, complexity, and scope of the activities of the business entity that— (i) control access to systems and facilities containing sensitive personally identifiable information, including controls to authenticate and permit access only to authorized individuals; (ii) detect, record, and preserve information relevant to actual and attempted fraudulent, unlawful, or unauthorized access, disclosure, use, or alteration of sensitive personally identifiable information, including by employees and other individuals otherwise authorized to have access; (iii) protect sensitive personally identifiable information during use, transmission, storage, and disposal by encryption, redaction, or access controls that are widely accepted as an effective industry practice or industry standard, or other reasonable means (including as directed for disposal of records under section 628 of the Fair Credit Reporting Act (15 U.S.C. 1681w) and the implementing regulations of such Act as set forth in section 682 (iv) ensure that sensitive personally identifiable information is properly destroyed and disposed of, including during the destruction of computers, diskettes, and other electronic media that contain sensitive personally identifiable information; (v) trace access to records containing sensitive personally identifiable information so that the business entity can determine who accessed or acquired such sensitive personally identifiable information pertaining to specific individuals; (vi) ensure that no third party or customer of the business entity is authorized to access or acquire sensitive personally identifiable information without the business entity first performing sufficient due diligence to ascertain, with reasonable certainty, that such information is being sought for a valid legal purpose; and (vii) minimize the amount of personal information maintained by the business entity, providing for the retention of such personal information only as reasonably needed for the business purposes of the business entity or as necessary to comply with any other provision of law. (b) Training Each business entity subject to this subtitle shall take steps to ensure employee training and supervision for implementation of the data security program of the business entity. (c) Vulnerability testing (1) In general Each business entity subject to this subtitle shall take steps to ensure regular testing of key controls, systems, and procedures of the personal data privacy and security program to detect, prevent, and respond to attacks or intrusions, or other system failures. (2) Frequency The frequency and nature of the tests required under paragraph (1) shall be determined by the risk assessment of the business entity under subsection (a)(3). (d) Certain relationship to providers of services In the event a business entity subject to this subtitle engages a person or entity not subject to this subtitle (other than a service provider) to receive sensitive personally identifiable information in performing services or functions (other than the services or functions provided by a service provider) on behalf of and under the instruction of such business entity, such business entity shall— (1) exercise appropriate due diligence in selecting the person or entity for responsibilities related to sensitive personally identifiable information, and take reasonable steps to select and retain a person or entity that is capable of maintaining appropriate safeguards for the security, privacy, and integrity of the sensitive personally identifiable information at issue; and (2) require the person or entity by contract to implement and maintain appropriate measures designed to meet the objectives and requirements governing entities subject to section 201, this section, and subtitle B. (e) Periodic assessment and personal data privacy and security modernization Each business entity subject to this subtitle shall on a regular basis monitor, evaluate, and adjust, as appropriate its data privacy and security program in light of any relevant changes in— (1) technology; (2) the sensitivity of sensitive personally identifiable information; (3) internal or external threats to sensitive personally identifiable information; and (4) the changing business arrangements of the business entity, such as— (A) mergers and acquisitions; (B) alliances and joint ventures; (C) outsourcing arrangements; (D) bankruptcy; and (E) changes to sensitive personally identifiable information systems. (f) Implementation timeline Not later than 1 year after the date of enactment of this Act, a business entity subject to the provisions of this subtitle shall implement a data privacy and security program pursuant to this subtitle. 203. Federal enforcement (a) Civil penalties (1) In general The Attorney General may bring a civil action in the appropriate United States district court against any business entity that engages in conduct constituting a violation of this subtitle and, upon proof of such conduct by a preponderance of the evidence, such business entity shall be subject to a civil penalty of not more than $5,000 per violation per day while such a violation exists, with a maximum of $20,000,000 per violation, unless such conduct is found to be willful or intentional. (2) Intentional or willful violation A business entity that intentionally or willfully violates the provisions of this subtitle shall be subject to additional penalties in the amount of $5,000 per violation per day while such a violation exists. (3) Considerations In determining the amount of a civil penalty under this subsection, the court shall take into account— (A) the degree of culpability of the business entity; (B) any prior violations of this subtitle by the business entity; (C) the ability of the business entity to pay a civil penalty; (D) the effect on the ability of the business entity to continue to do business; (E) the number of individuals whose sensitive personally identifiable information was compromised by the breach; (F) the relative cost of compliance with this subtitle; and (G) such other matters as justice may require. (b) Injunctive actions by the Attorney General (1) In general If it appears that a business entity has engaged, or is engaged, in any act or practice constituting a violation of this subtitle, the Attorney General may petition an appropriate district court of the United States for an order— (A) enjoining such act or practice; or (B) enforcing compliance with this subtitle. (2) Issuance of order A court may issue an order under paragraph (1), if the court finds that the conduct in question constitutes a violation of this subtitle. (c) Other rights and remedies The rights and remedies available under this section are cumulative and shall not affect any other rights and remedies available under law. 204. Enforcement by State Attorneys General (a) Civil actions (1) In general In any case in which the attorney general of a State or any State or local law enforcement agency authorized by the State attorney general or by State statute to prosecute violations of consumer protection law, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the acts or practices of a business entity that violate this subtitle, the State may bring a civil action on behalf of the residents of that State in a district court of the United States of appropriate jurisdiction, or any other court of competent jurisdiction, to— (A) enjoin that act or practice; (B) enforce compliance with this subtitle; or (C) obtain civil penalties of not more than $5,000 per violation per day while such violations persist, up to a maximum of $20,000,000 per violation. (2) Considerations In determining the amount of a civil penalty under this subsection, the court shall take into account— (A) the degree of culpability of the business entity; (B) any prior violations of this subtitle by the business entity; (C) the ability of the business entity to pay a civil penalty; (D) the effect on the ability of the business entity to continue to do business; (E) the number of individuals whose sensitive personally identifiable information was compromised by the breach; (F) the relative cost of compliance with this subtitle; and (G) such other matters as justice may require. (3) Notice (A) In general Before filing an action under this subsection, the attorney general of the State involved shall provide to the Attorney General— (i) a written notice of that action; and (ii) a copy of the complaint for that action. (B) Exception Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general of a State determines that it is not feasible to provide the notice described in this subparagraph before the filing of the action. (C) Notification when practicable In an action described in subparagraph (B), the attorney general of a State shall provide the written notice and a copy of the complaint to the Attorney General as soon after the filing of the complaint as practicable. (b) Federal proceedings Upon receiving notice under subsection (a)(3), the Attorney General shall have the right to— (1) move to stay the action, pending the final disposition of a pending Federal proceeding or action described in subsection (c); (2) initiate an action in the appropriate United States district court under section 218 and move to consolidate all pending actions, including State actions, in such court; (3) intervene in an action brought under subsection (a)(2); and (4) file petitions for appeal. (c) Pending proceedings If the Attorney General has instituted a proceeding or action for a violation of this subtitle or any regulations thereunder, no attorney general of a State may, during the pendency of such proceeding or action, bring an action under this section against any defendant named in such criminal proceeding or civil action for any violation that is alleged in that proceeding or action. (d) Construction For purposes of bringing any civil action under subsection (a), nothing in this section shall be construed to prevent an attorney general of a State from exercising the powers conferred on such attorney general by the laws of that State to— (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; service of process (1) Venue Any action brought under subsection (a) may be brought in— (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 (B) another court of competent jurisdiction. (2) Service of process In an action brought under subsection (a), process may be served in any district in which the defendant— (A) is an inhabitant; or (B) may be found. 205. Supplemental enforcement by individuals (a) In general Any person aggrieved by a violation of the provisions of this subtitle by a business entity may bring a civil action in a court of appropriate jurisdiction to recover for personal injuries sustained as a result of the violation. (b) Authority To bring civil action; jurisdiction As provided in subsection (c), any person may commence a civil action on his own behalf against any business entity who is alleged to have violated the provisions of this subtitle. (c) Remedies in a citizen suit (1) Damages Any individual harmed by a failure of a business entity to comply with the provisions of this subtitle, shall be able to collect damages of not more than $10,000 per violation per day while such violations persist, up to a maximum of $20,000,000 per violation. (2) Punitive damages A business entity may be liable for punitive damages if the business entity intentionally or willfully violates the provisions of this subtitle. (3) Equitable relief A business entity that violates the provisions of this subtitle may be enjoined to comply with the provisions of those sections. (d) Other rights and remedies The rights and remedies available under this subsection are cumulative and shall not affect any other rights and remedies available under law. (e) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes (1) Waiver of rights and remedies The rights and remedies provided for in this section may not be waived by any agreement, policy form, or condition of employment including by a predispute arbitration agreement. (2) Predispute arbitration agreements No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this section. (f) Considerations In determining the amount of a civil penalty under this subsection, the court shall take into account— (1) the degree of culpability of the business entity; (2) any prior violations of this subtitle by the business entity; (3) the ability of the business entity to pay a civil penalty; (4) the effect on the ability of the business entity to continue to do business; (5) the number of individuals whose sensitive personally identifiable information was compromised by the breach; (6) the relative cost of compliance with this subtitle; and (7) such other matters as justice may require. B Security breach notification 211. Notice to individuals (a) In general Except as provided in section 212, any agency, or business entity engaged in interstate commerce other than a service provider, that uses, accesses, transmits, stores, disposes of or collects sensitive personally identifiable information that experiences a security breach of such information, shall, following the discovery of such security breach of such information, notify any resident of the United States whose sensitive personally identifiable information has been, or is reasonably believed to have been, accessed, or acquired. (b) Obligation of owner or licensee (1) Notice to owner or licensee Any agency, or business entity engaged in interstate commerce, that uses, accesses, transmits, stores, disposes of, or collects sensitive personally identifiable information that the agency or business entity does not own or license shall notify the owner or licensee of the information following the discovery of a security breach involving such information. (2) Notice by owner, licensee or other designated third party Nothing in this subtitle shall prevent or abrogate an agreement between an agency or business entity required to give notice under this section and a designated third party, including an owner or licensee of the sensitive personally identifiable information subject to the security breach, to provide the notifications required under subsection (a). (3) Business entity relieved from giving notice A business entity obligated to give notice under subsection (a) shall be relieved of such obligation if an owner or licensee of the sensitive personally identifiable information subject to the security breach, or other designated third party, provides such notification. (4) Service providers If a service provider becomes aware of a security breach containing sensitive personally identifiable information that is owned or possessed by another business entity that connects to or uses a system or network provided by the service provider for the purpose of transmitting, routing, or providing intermediate or transient storage of such data, the service provider shall be required to notify the business entity who initiated such connection, transmission, routing, or storage of the security breach if the business entity can be reasonably identified. Upon receiving such notification from a service provider, the business entity shall be required to provide the notification required under subsection (a). (c) Timeliness of notification (1) In general All notifications required under this section shall be made without unreasonable delay following the discovery by the agency or business entity of a security breach. (2) Reasonable delay Reasonable delay under this subsection may include any time necessary to determine the scope of the security breach, conduct the risk assessment described in section 212(b)(1), and provide notice to law enforcement when required. (3) Burden of production The agency, business entity, owner, or licensee required to provide notice under this subtitle shall, upon the request of the Attorney General, the Federal Trade Commission, or the attorney general of a State or any State or local law enforcement agency authorized by the attorney general of the State or by State statute to prosecute violations of consumer protection law, provide records or other evidence of the notifications required under this subtitle, including to the extent applicable, the reasons for any delay of notification. (d) Delay of notification authorized for law enforcement or national security purposes (1) In general If a Federal law enforcement agency or member of the intelligence community determines that the notification required under this section would impede any lawfully authorized criminal investigation or authorized investigative, protective, or intelligence activities that are carried out by or on behalf of any element of the intelligence community and conducted in accordance with the United States laws, authorities, and regulations governing such intelligence activities, such notification shall be delayed upon written notice from such Federal law enforcement agency or member of the intelligence community to the agency or business entity that experienced the breach. The notification shall specify in writing the period of delay required. (2) Extended delay of notification If the notification required under subsection (a) is delayed pursuant to paragraph (1), an agency or business entity shall give notice 30 days after the day such law enforcement delay was invoked unless a Federal law enforcement or member of the intelligence community provides written notification that further delay is necessary. (3) Law enforcement immunity No non-constitutional cause of action shall lie in any court against an agency for acts relating to the delay of notification for law enforcement or intelligence purposes under this subtitle. 212. Exemptions from notice to individuals (a) Exemption for national security and law enforcement (1) In general Section 211 shall not apply to an agency or business entity if— (A) the United States Secret Service or the Federal Bureau of Investigation determines that notification of the security breach could be expected to reveal sensitive sources and methods or similarly impede the ability of the Government to conduct law enforcement investigations; or (B) the Federal Bureau of Investigation determines that notification of the security breach could be expected to cause damage to national security. (2) Immunity No non-constitutional cause of action shall lie in any court against any Federal agency for acts relating to the exemption from notification under this subtitle. (b) Safe harbor (1) In general An agency or business entity shall be exempt from the notice requirements under section 211, if— (A) a risk assessment conducted by the agency or business entity, in consultation with the Federal Trade Commission, concludes that there is no significant risk that a security breach has resulted in, or will result in harm to the individuals whose sensitive personally identifiable information was subject to the security breach; and (B) the Federal Trade Commission or designated entity does not indicate within 7 business days from the receipt of written notification from an agency or business entity pursuant to subsection 212(b)(2), that the agency or business entity should not be exempt from the notice requirements of section 211. (2) Risk assessment requirements (A) Conducting a risk assessment Upon discovery of a security breach of an agency or business entity, the agency or business entity shall conduct a risk assessment to determine if there is a significant risk that the security breach resulted in, or will result in, harm to the individuals whose sensitive personally identifiable information was subject to the security breach. (i) Presumption of no significant risk It is presumed that there is no significant risk that the security breach has resulted in, or will result in, harm to the individuals whose sensitive personally identifiable data was subject to the security breach, if the sensitive personally identifiable information has been rendered unusable, unreadable, or indecipherable through a security technology or methodology (if the technology or methodology is generally accepted by experts in the information security field). Any such presumption may be rebutted by facts demonstrating that the security technologies or methodologies in a specific case, have been or are reasonably likely to be compromised. (ii) Presumption of significant risk It is presumed that there is a significant risk that the security breach has resulted in, or will result in, harm to individuals whose sensitive personally identifiable information was subject to the security breach if the agency or business entity failed to render such sensitive personally identifiable information indecipherable through a security technology or methodology (if the technology or methodology is generally accepted by experts in the information security field). (iii) Methodologies or technologies (I) Required rulemaking Not later than 1 year after the date of the enactment of this Act, and biannually thereafter, the Federal Trade Commission, after consultation with the National Institute of Standards and Technology, shall issue rules (pursuant to section 553 (II) Required consultation In issuing rules or guidance under subclause (II), the Commission shall also consult with relevant industries, consumer organizations, and data security and identity theft prevention experts and established standards setting bodies. (iv) FTC guidance Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission, after consultation with the National Institute of Standards and Technology, shall issue guidance regarding the application of the exemption in clause (i). (B) Written notification Without unreasonable delay, but not later than 7 days after the discovery of a security breach, unless extended by the United States Secret Service or the Federal Bureau of Investigation, the agency or business entity must notify the Federal Trade Commission and designated entity, in writing, of— (i) the results of the risk assessment; and (ii) its decision to invoke the risk assessment exemption. (C) Violations It shall be a violation of this section to— (i) fail to conduct a risk assessment in a reasonable manner, or according to standards generally accepted by experts in the field of information security; or (ii) submit results of a risk assessment that— (I) conceal violations of law, inefficiency, or administrative error; (II) prevent embarrassment to a business entity, organization, or agency; (III) restrain competition; (IV) contain fraudulent or deliberately misleading information; or (V) delay notification under section 211 for any other reason, except where the agency or business entity reasonably believes that the risk assessment exception may apply. (c) Financial fraud prevention exemption (1) In general A business entity shall be exempt from the notice requirements of this subtitle if the business entity utilizes or participates in a security program that— (A) effectively blocks the use of the sensitive personally identifiable information to initiate unauthorized financial transactions before they are charged to the account of the individual; and (B) provides for notice to affected individuals after a security breach that has resulted in fraud or unauthorized transactions. (2) Limitation Paragraph (1) shall not apply to a business entity if the information subject to the security breach includes an individual's first and last name, or any other type of sensitive personally identifiable information, other than a credit card or credit card security code identified in section 3, unless that information is only a credit card number or a credit card security code. (d) Limitations Notwithstanding any other obligation under this subtitle, this subtitle does not apply to the following— (1) Financial institutions A financial institution subject to the data security requirements and standards under 501(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.), and subject to the jurisdiction of an agency or authority described in section 505(a) of the Gramm-Leach-Bliley Act (15 U.S.C. 6805(a)), if the Federal functional regulator (as defined by section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 15 U.S.C. 6801 et seq. (2) HIPAA regulated entities exemption (A) In general A business entity shall be exempt from the notice requirement under section 211 if the business entity is one of the following: (i) Covered entities A business entity subject to the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1301 et seq. (ii) Business entities A business entity that— (I) is acting as a business associate, as that term is defined under the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1301 et seq. (II) is subject to, and currently in compliance with, the data breach notification requirements under section 13402 or 13407 of the American Reinvestment and Recovery Act of 2009 (42 U.S.C. 17932 and 17937) and implementing regulations promulgated under such sections. (B) Limitation Paragraph (1) shall not apply to a business entity if the information subject to the security breach includes an individual’s first and last name, or any other type of sensitive personally identifiable information other than a health insurance policy or subscriber identification number or information regarding an individual’s medical history, mental or physical medical condition, or medical treatment or diagnosis by a health care professional as identified in section 3 unless that information is only a health insurance policy or subscriber identification number or information regarding an individual’s medical history, mental or physical medical condition, or medical treatment or diagnosis by a health care professional. 213. Methods of notice to individuals To comply with section 211, an agency or business entity shall provide the following forms of notice: (1) Individual written notice Written notice to individuals by 1 of the following means: (A) Individual written notification to the last known home mailing address of the individual in the records of the agency or business entity. (B) E-mail notice, unless the individual has expressly opted not to receive such notices of security breaches or the notice is inconsistent with the provisions permitting electronic transmission of notices under section 101 of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001 (2) Telephone notice Telephone notice to the individual personally. (3) Public notice (A) Electronic notice Prominent notice via all reasonable means of electronic contact between the individual and the agency or business entity, including any website, networked devices, or other interface through which the agency or business entity regularly interacts with the consumer, if the number of individuals whose sensitive personally identifiable information was or is reasonably believed to have been accessed or acquired by an unauthorized person exceeds 5,000. (B) Media notice Notice to major media outlets serving a State or jurisdiction, if the number of residents of such State whose sensitive personally identifiable information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person exceeds 5,000. 214. Content of notice to individuals (a) In general Regardless of the method by which individual notice is provided to individuals under section 213(1), such notice shall include— (1) a description of the categories of sensitive personally identifiable information that was, or is reasonably believed to have been, accessed or acquired by an unauthorized person, and how the agency or business entity came into possession of the sensitive personally identifiable information at issue; (2) a toll-free number— (A) that the individual may use to contact the agency or business entity, or the agent of the agency or business entity; and (B) from which the individual may learn what types of sensitive personally identifiable information the agency or business entity maintained about that individual; (3) the toll-free contact telephone numbers, websites, and addresses for the major credit reporting agencies; (4) the telephone numbers and websites for the relevant Federal agencies that provide information regarding identity theft prevention and protection; (5) notice that the individual is entitled to receive, at no cost to such individual, consumer credit reports on a quarterly basis for a period of 2 years, credit monitoring or any other service that enables consumers to detect the misuse of sensitive personally identifiable information for a period of 2 years, and instructions to the individual on requesting such reports or service from the agency or business entity; (6) notice that the individual is entitled to receive a security freeze and that the agency or business entity will be liable for any costs associated with the security freeze for 2 years and the necessary instructions for requesting a security freeze; and (7) notice that any costs or damages incurred by an individual as a result of a security breach will be paid by the business entity or agency that experienced the security breach. (b) Telephone notice Telephone notice described in section 213(2) shall include, to the extent possible— (1) notification that a security breach has occurred and that the individual’s sensitive personally identifiable information may have been compromised; (2) a description of the categories of sensitive personally identifiable information that were, or are reasonably believed to have been, accessed or acquired by an unauthorized person; (3) a toll-free number and website— (A) that the individual may use to contact the agency or business entity, or the authorized agent of the agency or business entity; and (B) from which the individual may learn what types of sensitive personally identifiable information the agency or business entity maintained about that individual and remedies available to that individual; and (4) an alert to the individual that the agency or business entity is sending or has sent written notification containing additional information as required under section 213(1)(A). (c) Public notice Public notice described in section 213(3) shall include— (1) electronic notice, which includes— (A) notification that a security breach has occurred and that the individual’s sensitive personally identifiable information may have been compromised; (B) a description of the categories of sensitive personally identifiable information that were, or are reasonably believed to have been, accessed or acquired by an unauthorized person; and (C) a toll-free number and website— (i) that the individual may use to contact the agency or business entity, or the authorized agent of the agency or business entity; and (ii) from which the individual may learn what types of sensitive personally identifiable information the agency or business entity maintained about that individual and remedies available to that individual; and (2) media notice, which includes— (A) a description of the categories of sensitive personally identifiable information that was, or is reasonably believed to have been, accessed or acquired by an unauthorized person; (B) a toll-free number— (i) that the individual may use to contact the agency or business entity, or the authorized agent of the agency or business entity; and (ii) from which the individual may learn what types of sensitive personally identifiable information the agency or business entity maintained about that individual and remedies available to that individual; (C) the toll-free contact telephone numbers, websites, and addresses for the major credit reporting agencies; (D) the telephone numbers and websites for the relevant Federal agencies that provide information regarding identity theft prevention and protection; (E) notice that the affected individuals are entitled to receive, at no cost to such individuals, consumer credit reports on a quarterly basis for a period of 2 years, credit monitoring, or any other service that enables consumers to detect the misuse of sensitive personally identifiable information for a period of 2 years; (F) notice that the individual is entitled to receive a security freeze and that the agency or business entity will be liable for any costs associated with the security freeze for 2 years; and (G) notice that the individual is entitled to receive compensation from the business entity or agency for any costs or damages incurred by the individual resulting from the security breach. (d) Additional content Notwithstanding section 221, a State may require that a notice under subsection (a) shall also include information regarding victim protection assistance provided for by that State. (e) Direct business relationship Regardless of whether a business entity, agency, or a designated third party provides the notice required pursuant to section 211(b), such notice shall include the name of the business entity or agency that has a direct relationship with the individual being notified. 215. Remedies for security breach (a) Credit reports and credit monitoring An agency or business entity required to provide notification under this subtitle shall, upon request of an individual whose sensitive personally identifiable information was included in the security breach, provide or arrange for the provision of, to each such individual and at no cost to such individual— (1) consumer credit reports from not fewer than 1 of the major credit reporting agencies beginning not later than 60 days following the request of the individual and continuing on a quarterly basis for a period of 2 years thereafter; and (2) a credit monitoring or other service that enables consumers to detect the misuse of their personal information, beginning not later than 60 days following the request of the individual and continuing for a period of 2 years. (b) Security freeze (1) Request Any consumer may submit a written request, by certified mail or such other secure method as authorized by a credit rating agency, to a credit rating agency to place a security freeze on the credit report of the consumer. (2) Implementation of security freeze Upon receipt of a written request under paragraph (1), a credit rating agency shall— (A) not later than 5 business days after receipt of the request, place a security freeze on the credit report of the consumer; and (B) not later than 10 business days after placing a security freeze, send a written confirmation of such security freeze to the consumer, which shall provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of the credit report of the consumer to a third party or for a specified period of time. (3) Duration of security freeze Except as provided in paragraph (4), any security freeze authorized pursuant to the provisions of this section shall remain in effect until the consumer requests security freeze to be removed. (4) Disclosure of credit report to third party (A) In general If a consumer that has requested a security freeze under this subsection wishes to authorize the disclosure of the credit report of the consumer to a third party, or for a specified period of time, while such security freeze is in effect, the consumer shall contact the credit rating agency and provide— (i) proper identification; (ii) the unique personal identification number or password described in paragraph (2)(B); and (iii) proper information regarding the third party who is to receive the credit report or the time period for which the credit report shall be available. (B) Requirement Not later than 3 business days after receipt of a request under subparagraph (A), a credit rating agency shall lift the security freeze. (5) Procedures (A) In general A credit rating agency shall develop procedures to receive and process requests from consumers under paragraph (2) of this section. (B) Requirement Procedures developed under subparagraph (A), at a minimum, shall include the ability of a consumer to send such temporary lift or removal request by electronic mail, letter, telephone, or facsimile. (6) Requests by third party If a third party requests access to a credit report of a consumer that has been frozen under this subsection and the consumer has not authorized the disclosure of the credit report of the consumer to the third party, the third party may deem such credit application as incomplete. (7) Determination by credit rating agency (A) In general A credit rating agency may refuse to implement or may remove a security freeze under this subsection if the agency determines, in good faith, that— (i) the request for a security freeze was made as part of a fraud that the consumer participated in, had knowledge of, or that can be demonstrated by circumstantial evidence; or (ii) the consumer credit report was frozen due to a material misrepresentation of fact by the consumer. (B) Notice If a credit rating agency makes a determination under subparagraph (A) to not implement, or to remove, a security freeze under this subsection, the credit rating agency shall notify the consumer in writing of such determination— (i) in the case of a determination not to implement a security freeze, not later than 5 business days after the determination is made; and (ii) in the case of a removal of a security freeze, prior to removing the freeze on the credit report of the consumer. (8) Rule of construction (A) In general Nothing in this section shall be construed to prohibit disclosure of a credit report of a consumer to— (i) a person, or the person's subsidiary, affiliate, agent or assignee with which the consumer has or, prior to assignment, had an account, contract or debtor-creditor relationship for the purpose of reviewing the account or collecting the financial obligation owing for the account, contract or debt; (ii) a subsidiary, affiliate, agent, assignee or prospective assignee of a person to whom access has been granted under paragraph (4) for the purpose of facilitating the extension of credit or other permissible use; (iii) any person acting pursuant to a court order, warrant, or subpoena; (iv) any person for the purpose of using such credit information to prescreen as provided by the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. (v) any person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed; (vi) a credit rating agency for the sole purpose of providing a consumer with a copy of the credit report of the consumer upon the request of the consumer; or (vii) a Federal, State or local governmental entity, including a law enforcement agency, or court, or their agents or assignees pursuant to their statutory or regulatory duties; and (viii) any person for the sole purpose of providing a remedy requested by an individual under this section. (B) Reviewing the account For purposes of this subsection, reviewing the account (9) Exceptions The following persons shall not be required to place a security freeze under this subsection, but shall be subject to any security freeze placed on a credit report by another credit rating agency: (A) A check services or fraud prevention services company that reports on incidents of fraud or issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers or similar methods of payment. (B) A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or similar information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution. (C) A credit rating agency that— (i) acts only to resell credit information by assembling and merging information contained in a database of 1 or more credit reporting agencies; and (ii) does not maintain a permanent database of credit information from which new credit reports are produced. (10) Fees (A) In general A credit rating agency may charge reasonable fees for each security freeze, removal of such freeze or temporary lift of such freeze for a period of time, and a temporary lift of such freeze for a specific party. (B) Requirement Any fees charged under subparagraph (A) shall be borne by the agency or business entity providing notice under section 214 for 2 years following the establishment of the security freeze under this subsection. (c) Costs resulting from a security breach (1) In general A business entity or agency that experiences a security breach and is required to provide notice under this subtitle shall pay, upon request, to any individual whose sensitive personally identifiable information has been, or is reasonably believed to have been, accessed or acquired as a result of such security breach, any costs or damages incurred by the individual as a result of such security breach, including costs associated with identity theft suffered as a result of such security breach. (2) Compliance A business entity or agency shall be deemed in compliance with this subsection if the business entity or agency— (A) provides insurance to any individual whose sensitive personally identifiable information has been, or is reasonably believed to have been, accessed or acquired as a result of a security breach and such insurance is sufficient to compensate the consumer for not less than $25,000 of costs or damages; or (B) pays, without unreasonable delay, any actual costs or damages incurred by an individual as a result of the security breach. 216. Notice to credit reporting agencies If an agency or business entity is required to provide notification to more than 5,000 individuals under section 211(a), the agency or business entity shall also notify all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis (as defined in section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) 217. Notice to law enforcement (a) Designation of a government entity To receive notice (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Attorney General, shall designate a Federal Government entity to receive the information required to be submitted under this subtitle, and any other reports and information about information security incidents, threats, and vulnerabilities. (2) Responsibilities of the designated entity The designated entity shall— (A) be responsible for promptly providing the information it receives to the United States Secret Service and the Federal Bureau of Investigation, and to the Federal Trade Commission for civil law enforcement purposes; and (B) provide the information described in subparagraph (A) as appropriate to other Federal agencies for law enforcement, national security, or data security purposes. (b) Notice Any business entity or agency shall notify the designated entity of the fact that a security breach has occurred if— (1) the number of individuals whose sensitive personally identifiable information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person exceeds 5,000; (2) the security breach involves a database, networked or integrated databases, or other data system containing the sensitive personally identifiable information of more than 500,000 individuals nationwide; (3) the security breach involves databases owned by the Federal Government; or (4) the security breach involves primarily sensitive personally identifiable information of individuals known to the agency or business entity to be employees and contractors of the Federal Government involved in national security or law enforcement. (c) FTC review of thresholds (1) Review Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission, in consultation with the Attorney General and the Secretary of Homeland Security, shall promulgate regulations regarding the reports required under subsection (a). (2) Rulemaking The Federal Trade Commission, in consultation with the Attorney General and the Secretary of Homeland Security, after notice and the opportunity for public comment, and in a manner consistent with this section, shall promulgate regulations, as necessary, under section 553 (d) Timing of notices The notices required under this section shall be delivered as follows: (1) Notice under subsection (a) shall be delivered as promptly as possible, but not later than 10 days after discovery of the security breach. (2) Notice under section 211 shall be delivered to individuals not later than 48 hours after the Federal Bureau of Investigation or the Secret Service receives notice of a security breach from an agency or business entity. 218. Federal enforcement (a) Civil actions by the Attorney General (1) In general The Attorney General may bring a civil action in the appropriate United States district court against any business entity that engages in conduct constituting a violation of this subtitle and, upon proof of such conduct by a preponderance of the evidence, such business entity shall be subject to a civil penalty of not more than $500 per day per individual whose sensitive personally identifiable information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person, up to a maximum of $20,000,000 per violation, unless such conduct is found to be willful or intentional. (2) Presumption A violation of section 212(b)(2)(C) shall be presumed to be willful or intentional conduct. (b) Injunctive actions by the Attorney General (1) In general If it appears that a business entity has engaged, or is engaged, in any act or practice constituting a violation of this subtitle, the Attorney General may petition an appropriate district court of the United States for an order— (A) enjoining such act or practice; or (B) enforcing compliance with this subtitle. (2) Issuance of order A court may issue an order under paragraph (1), if the court finds that the conduct in question constitutes a violation of this subtitle. (c) Civil actions by the Federal trade commission (1) In general Compliance with the requirements imposed under subtitle A and this subtitle may be enforced under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) by the Federal Trade Commission with respect to business entities subject to this Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with the requirements imposed under this title. (2) Unfair or deceptive acts or practices For the purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act, a violation of any requirement or prohibition imposed under this title shall constitute an unfair or deceptive act or practice in commerce in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(I)(B) (d) Considerations In determining the amount of a civil penalty under this subsection, the court shall take into account— (1) the degree of culpability of the business entity; (2) any prior violations of this subtitle by the business entity; (3) the ability of the business entity to pay a civil penalty; (4) the effect on the ability of the business entity to continue to do business; (5) the number of individuals whose sensitive personally identifiable information was compromised by the breach; (6) the relative cost of compliance with this subtitle; and (7) such other matters as justice may require. (e) Coordination of enforcement (1) In general Before opening an investigation, the Federal Trade Commission shall consult with the Attorney General. (2) Limitation The Federal Trade Commission may initiate investigations under this subsection unless the Attorney General determines that such an investigation would impede an ongoing criminal investigation or national security activity. (3) Coordination agreement (A) In general In order to avoid conflicts and promote consistency regarding the enforcement and litigation of matters under this Act, not later than 180 days after the enactment of this Act, the Attorney General and the Commission shall enter into an agreement for coordination regarding the enforcement of this Act. (B) Requirement The coordination agreement entered into under subparagraph (A) shall include provisions to ensure that parallel investigations and proceedings under this section are conducted in a manner that avoids conflicts and does not impede the ability of the Attorney General to prosecute violations of Federal criminal laws. (4) Coordination with the FCC If an enforcement action under this Act relates to customer proprietary network information, the Federal Trade Commission shall coordinate the enforcement action with the Federal Communications Commission. (f) Rulemaking The Federal Trade Commission may, in consultation with the Attorney General, issue such other regulations as it determines to be necessary to carry out this subtitle. All regulations promulgated under this Act shall be issued in accordance with section 553 (g) Other rights and remedies The rights and remedies available under this subtitle are cumulative and shall not affect any other rights and remedies available under law. (h) Fraud alert Section 605A(b)(1) of the Fair Credit Reporting Act ( 15 U.S.C. 1681c–1(b)(1) , or evidence that the consumer has received notice that the consumer's financial information has or may have been compromised, identity theft report 219. Enforcement by State attorneys general (a) In general (1) Civil actions (A) In general In any case in which the attorney general of a State or any State or local law enforcement agency authorized by the State attorney general or by State statute to prosecute violations of consumer protection law, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of a business entity in a practice that is prohibited under this subtitle, the State or the State or local law enforcement agency on behalf of the residents of the agency’s jurisdiction, may bring a civil action on behalf of the residents of the State or jurisdiction in a district court of the United States of appropriate jurisdiction or any other court of competent jurisdiction, including a State court, to— (i) enjoin that practice; (ii) enforce compliance with this subtitle; or (iii) obtain civil penalties of not more than $500 per day per individual whose sensitive personally identifiable information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person, up to a maximum of $20,000,000 per violation, unless such conduct is found to be willful or intentional. (B) Presumption A violation of section 212(b)(2)(C) shall be presumed to be willful or intentional. (2) Considerations In determining the amount of a civil penalty under this subsection, the court shall take into account— (A) the degree of culpability of the business entity; (B) any prior violations of this subtitle by the business entity; (C) the ability of the business entity to pay a civil penalty; (D) the effect on the ability of the business entity to continue to do business; (E) the number of individuals whose sensitive personally identifiable information was compromised by the breach; (F) the relative cost of compliance with this subtitle; and (G) such other matters as justice may require. (3) Notice (A) In general Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Attorney General of the United States— (i) written notice of the action; and (ii) a copy of the complaint for the action. (B) Exemption (i) In general Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subtitle, if the State attorney general determines that it is not feasible to provide the notice described in such subparagraph before the filing of the action. (ii) Notification In an action described in clause (i), the attorney general of a State shall provide notice and a copy of the complaint to the Attorney General at the time the State attorney general files the action. (b) Federal proceedings Upon receiving notice under subsection (a)(2), the Attorney General shall have the right to— (1) move to stay the action, pending the final disposition of a pending Federal proceeding or action; (2) initiate an action in the appropriate United States district court under section 218 and move to consolidate all pending actions, including State actions, in such court; (3) intervene in an action brought under subsection (a)(2); and (4) file petitions for appeal. (c) Pending proceedings If the Attorney General has instituted a proceeding or action for a violation of this subtitle or any regulations thereunder, no attorney general of a State may, during the pendency of such proceeding or action, bring an action under this subtitle against any defendant named in such criminal proceeding or civil action for any violation that is alleged in that proceeding or action. (d) Construction For purposes of bringing any civil action under subsection (a), nothing in this subtitle regarding notification shall be construed to prevent an attorney general of a State from exercising the powers conferred on such attorney general by the laws of that State to— (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; service of process (1) Venue Any action brought under subsection (a) may be brought in— (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. (2) Service of process In an action brought under subsection (a), process may be served in any district in which the defendant— (A) is an inhabitant; or (B) may be found. 220. Supplemental enforcement by individuals (a) In general Any person aggrieved by a violation of the provisions of section 211, 213, 214, 215, or 216 by a business entity may bring a civil action in a court of appropriate jurisdiction to recover for personal injuries sustained as a result of the violation. (b) Authority To bring civil action; jurisdiction As provided in subsection (c), an individual may commence a civil action on his own behalf against any business entity who is alleged to have violated the provisions of this subtitle. (c) Remedies in a citizen suit (1) Damages Any individual harmed by a failure of a business entity to comply with the provisions of section 211, 213, 214, 215, or 216 shall be able to collect damages of not more than $500 per day per individual whose sensitive personally identifiable information was, or is reasonably believed to have been, accessed or acquired by an unauthorized person, up to a maximum of $20,000,000 per violation. (2) Punitive damages A business entity may be liable for punitive damages if the business entity— (A) intentionally or willfully violates the provisions of section 211, 213, 214, 215, or 216; or (B) failed to comply with the requirements of subsections (a) through (d) of section 202. (3) Equitable relief A business entity that violates the provisions of section 211, 213, 214, 215, or 216 may be enjoined to provide required remedies under section 215 by a court of competent jurisdiction. (d) Other rights and remedies The rights and remedies available under this subsection are cumulative and shall not affect any other rights and remedies available under law. (e) Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration of Disputes (1) Waiver of rights and remedies The rights and remedies provided for in this section may not be waived by any agreement, policy form, or condition of employment including by a predispute arbitration agreement. (2) Predispute arbitration agreements No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this section. (f) Considerations In determining the amount of a civil penalty under this subsection, the court shall take into account— (1) the degree of culpability of the business entity; (2) any prior violations of this subtitle by the business entity; (3) the ability of the business entity to pay a civil penalty; (4) the effect on the ability of the business entity to continue to do business; (5) the number of individuals whose sensitive personally identifiable information was compromised by the breach; (6) the relative cost of compliance with this subtitle; and (7) such other matters as justice may require. 221. Relation to other laws (a) In general The provisions of this subtitle shall supersede any other provision of Federal law or any provision of law of any State relating to notification by a business entity engaged in interstate commerce or an agency of a security breach, except as provided in this subsection. (b) Limitations (1) State common law Nothing in this subtitle shall be construed to exempt any entity from liability under common law, including through the operation of ordinary preemption principles, and including liability through State trespass, contract, or tort law, for damages caused by the failure to notify an individual following a security breach. (2) Gramm-leach-bliley Act Nothing in this Act shall supersede the data security requirements of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. (3) Health Privacy (A) To the extent that a business entity acts as a covered entity or a business associate under the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17932), and has the obligation to provide breach notification under that Act or its implementing regulations, the requirements of this Act shall not apply. (B) To the extent that a business entity acts as a vendor of personal health records, a third-party service provider, or other entity subject to the Health Information Technology for Economical and Clinical Health Act ( 42 U.S.C. 17937 222. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to cover the costs incurred by the United States Secret Service to carry out investigations and risk assessments of security breaches as required under this subtitle. 223. Reporting on risk assessment exemptions The United States Secret Service and the Federal Bureau of Investigation shall report to Congress not later than 18 months after the date of enactment of this Act, and upon the request by Congress thereafter, on— (1) the number and nature of the security breaches described in the notices filed by those business entities invoking the risk assessment exemption under section 212(b) and the response of the United States Secret Service and the Federal Bureau of Investigation to such notices; and (2) the number and nature of security breaches subject to the national security and law enforcement exemptions under section 212(a), provided that such report may not disclose the contents of any risk assessment provided to the United States Secret Service and the Federal Bureau of Investigation pursuant to this subtitle. C Post-Breach technical information clearinghouse 230. Clearinghouse information collection, maintenance, and access (a) In general The designated entity shall maintain a clearinghouse of technical information concerning system vulnerabilities identified in the wake of security breaches, which shall— (1) contain information disclosed by agencies or business entities under subsection (b); and (2) be accessible to certified entities under subsection (c). (b) Post-Breach technical notification In any instance in which an agency or business entity is required to notify the designated entity under section 217, the agency or business entity shall also provide the designated entity with technical information concerning the nature of the security breach, including— (1) technical information regarding any system vulnerabilities of the agency or business entity revealed by or identified as a consequence of the security breach; (2) technical information regarding any system vulnerabilities of the agency or business entity actually exploited during the security breach; and (3) any other technical information concerning the nature of the security breach deemed appropriate for collection by the designated entity in furtherance of this subtitle. (c) Access to clearinghouse Any entity certified under subsection (d) may review information maintained by the technical information clearinghouse for the purpose of preventing security breaches that threaten the security of sensitive personally identifiable information. (d) Certification for access The designated entity shall issue and revoke certifications to agencies and business entities wishing to review information maintained by the technical information clearinghouse and shall establish conditions for obtaining and maintaining such certifications, including agreement that any information obtained directly or derived indirectly from the review of information maintained by the technical information clearinghouse— (1) shall only be used to improve the security and reduce the vulnerability of networks that collect, access, transmit, use, store, or dispose of sensitive personally identifiable information; (2) may not be used for any competitive commercial purpose; and (3) may not be shared with any third party, including other parties certified for access to the information clearinghouse, without the express written consent of the designated entity. (e) Rulemaking In consultation with the private sector, appropriate representatives of State and local governments, and other appropriate Federal agencies, the designated entity may issue such regulations as it determines to be necessary to carry out this subtitle. All regulations promulgated under this Act shall be issued in accordance with section 553 231. Protections for clearinghouse participants (a) Protection of proprietary information To the extent feasible, the designated entity shall ensure that any technical information disclosed to the designated entity under this subtitle shall be stored in a format designed to protect proprietary business information from inadvertent disclosure. (b) Anonymous data release To the extent feasible, the designated entity shall ensure that all information stored in the technical information clearinghouse and accessed by certified parties is presented in a form that minimizes the potential for such information to be traced to a particular network, company, or security breach incident. (c) Protection from public disclosure Except as otherwise provided in this subtitle— (1) security and vulnerability information collected under this section and provided to the Federal Government, including aggregated analysis and data, shall be exempt from disclosure under section 552(b)(3) (2) under section 230(e), security and vulnerability-related information provided to the Federal Government under this section, including aggregated analysis and data, shall be protected from public disclosure, except that this paragraph— (A) does not prohibit the sharing of such information, as the designated entity determines to be appropriate, in order to mitigate cybersecurity threats or further the official functions of a government agency; and (B) does not authorized such information to be withheld from a committee of Congress authorized to request the information. (d) Protection of classified information Nothing in this subtitle permits the unauthorized disclosure of classified information. 232. Effective date This subtitle shall take effect on the expiration of the date that is 90 days after the date of enactment of this Act. III Access to and use of commercial data 301. General services administration review of contracts (a) In general In considering contract awards totaling more than $500,000 and entered into after the date of enactment of this Act with data brokers, the Administrator of the General Services Administration shall evaluate— (1) the data privacy and security program of a data broker to ensure the privacy and security of data containing sensitive personally identifiable information, including whether such program adequately addresses privacy and security threats created by malicious software or code, or the use of peer-to-peer file sharing software; (2) the compliance of a data broker with such program; (3) the extent to which the databases and systems containing sensitive personally identifiable information of a data broker have been compromised by security breaches; and (4) the response by a data broker to such breaches, including the efforts by such data broker to mitigate the impact of such security breaches. (b) Compliance safe harbor The data privacy and security program of a data broker shall be deemed sufficient for the purposes of subsection (a), if the data broker complies with or provides protection equal to industry standards, as identified by the Federal Trade Commission, that are applicable to the type of sensitive personally identifiable information involved in the ordinary course of business of such data broker. (c) Penalties In awarding contracts with data brokers for products or services related to access, use, compilation, distribution, processing, analyzing, or evaluating sensitive personally identifiable information, the Administrator of the General Services Administration shall— (1) include monetary or other penalties— (A) for failure to comply with subtitles A and B of title II; or (B) if a contractor knows or has reason to know that the sensitive personally identifiable information being provided is inaccurate, and provides such inaccurate information; and (2) require a data broker that engages service providers not subject to subtitle A of title II for responsibilities related to sensitive personally identifiable information to— (A) exercise appropriate due diligence in selecting those service providers for responsibilities related to sensitive personally identifiable information; (B) take reasonable steps to select and retain service providers that are capable of maintaining appropriate safeguards for the security, privacy, and integrity of the sensitive personally identifiable information at issue; and (C) require such service providers, by contract, to implement and maintain appropriate measures designed to meet the objectives and requirements in title II. (d) Limitation The penalties under subsection (c) shall not apply to a data broker providing information that is accurately and completely recorded from a public record source or licensor. 302. Requirement to audit information security practices of contractors and third-party business entities Section 3544(b) (1) in paragraph (7)(C)(iii), by striking and (2) in paragraph (8), by striking the period and inserting ; and (3) by adding at the end the following: (9) procedures for evaluating and auditing the information security practices of contractors or third-party business entities supporting the information systems or operations of the agency involving sensitive personally identifiable information (as that term is defined in section 3 of the Personal Data Protection and Breach Accountability Act of 2014 . 303. Privacy impact assessment of government use of commercial information services containing sensitive personally identifiable information (a) In general Section 208(b)(1) of the E-Government Act of 2002 ( 44 U.S.C. 3501 (1) in clause (i), by striking or (2) in clause (ii)(II), by striking the period and inserting ; or (3) by adding at the end the following: (iii) purchasing or subscribing for a fee to sensitive personally identifiable information from a data broker (as such terms are defined in section 3 of the Personal Data Protection and Breach Accountability Act of 2014 . (b) Limitation Notwithstanding any other provision of law, beginning 1 year after the date of enactment of this Act, no Federal agency may enter into a contract with a data broker to access for a fee any database consisting primarily of sensitive personally identifiable information concerning United States persons (other than news reporting or telephone directories) unless the head of the agency— (1) completes a privacy impact assessment under section 208 of the E-Government Act of 2002 ( 44 U.S.C. 3501 (A) such database; (B) the name of the data broker from whom it is obtained; and (C) the amount of the contract for use; (2) adopts regulations that specify— (A) the personnel permitted to access, analyze, or otherwise use such databases; (B) standards governing the access, analysis, or use of such databases; (C) any standards used to ensure that the sensitive personally identifiable information accessed, analyzed, or used is the minimum necessary to accomplish the intended legitimate purpose of the Federal agency; (D) standards limiting the retention and redisclosure of sensitive personally identifiable information obtained from such databases; (E) procedures ensuring that such data meet standards of accuracy, relevance, completeness, and timeliness; (F) the auditing and security measures to protect against unauthorized access, analysis, use, or modification of data in such databases; (G) applicable mechanisms by which individuals may secure timely redress for any adverse consequences wrongly incurred due to the access, analysis, or use of such databases; (H) mechanisms, if any, for the enforcement and independent oversight of existing or planned procedures, policies, or guidelines; and (I) an outline of enforcement mechanisms for accountability to protect individuals and the public against unlawful or illegitimate access or use of databases; and (3) incorporates into the contract or other agreement totaling more than $500,000, provisions— (A) providing for penalties— (i) for failure to comply with title II of this Act; or (ii) if the entity knows or has reason to know that the sensitive personally identifiable information being provided to the Federal department or agency is inaccurate, and provides such inaccurate information; and (B) requiring a data broker that engages service providers not subject to subtitle A of title II of this Act for responsibilities related to sensitive personally identifiable information to— (i) exercise appropriate due diligence in selecting those service providers for responsibilities related to sensitive personally identifiable information; (ii) take reasonable steps to select and retain service providers that are capable of maintaining appropriate safeguards for the security, privacy, and integrity of the sensitive personally identifiable information at issue; and (iii) require such service providers, by contract, to implement and maintain appropriate measures designed to meet the objectives and requirements in title II of this Act. (c) Limitation on penalties The penalties under subsection (b)(3)(A) shall not apply to a data broker providing information that is accurately and completely recorded from a public record source. (d) Study of government use (1) Scope of study Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and audit and prepare a report on Federal agency actions to address the recommendations in the Government Accountability Office's April 2006 report on agency adherence to key privacy principles in using data brokers or commercial databases containing sensitive personally identifiable information. (2) Report A copy of the report required under paragraph (1) shall be submitted to Congress. 304. FBI report on reported breaches and compliance (a) In general Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Federal Bureau of Investigation, in coordination with the Secret Service, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding any reported breaches at agencies or business entities during the preceding year. (b) Report content Such reporting shall include— (1) the total instances of breaches of security in the previous year; (2) the percentage of breaches described in subsection (a) that occurred at an agency or business entity that did not comply with the personal data privacy and security program under section 202; and (3) recommendations, if any, for modifying or amending this Act to increase its effectiveness. 305. Department of Justice report on enforcement actions Section 529 (c) Not later than 1 year after the date of enactment of the Personal Data Protection and Breach Accountability Act of 2014 Personal Data Protection and Breach Accountability Act of 2014 . 306. Report on notification effectiveness (a) In general Not later than 1 year after the date of enactment of this Act, and each year thereafter, the designated entity, in coordination with the Attorney General and the Federal Trade Commission, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report regarding the effectiveness of post-breach notification practices by agencies and business entities. (b) Report content The report required under subsection (a) shall include— (1) in each instance of a breach of security, the amount of time between the instance of the breach and the discovery of the breach by the affected business entity; (2) in each instance of a breach of security, the amount of time between the discovery of the breach by the affected business entity and the notification to the Federal Bureau of Investigation and the United States Secret Service; and (3) in each instance of a breach of security, the amount of time between the discovery of the breach by the affected business entity and the notification to individuals whose sensitive personally identifiable information was compromised. IV Compliance with Statutory Pay-As-You-Go Act 401. Budget compliance The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation	Personal Data Protection and Breach Accountability Act of 2014
Bipartisan Sportsmen's Act of 2014 - Title I: Regulatory Reforms - Grants the Secretary of the Interior permanent authority to authorize any state to issue electronic duck stamps. Sets forth state electronic duck stamp application requirements. Allows the Secretary to determine the number of new states permitted per year to participate in the electronic duck stamp program. Instructs the Secretary to require electronic stamp revenue and customer information collected by each state to be transmitted in accordance with a written agreement between the Secretary and the state. Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "chemical substance" for purposes of such Act: (1) any component of any pistol, revolver, firearm, shell, or cartridge the sale of which is subject to federal excise tax, including shot, bullets and other projectiles, propellants, and primers; and (2) any sport fishing equipment the sale of which is subject to federal excise tax and sport fishing equipment components. Amends the Pittman-Robertson Wildlife Restoration Act to: (1) authorize a state to pay up to 90% of the costs of acquiring land for, expanding, or constructing a public target range; (2) authorize a state to elect to allocate 10% of a specified amount apportioned to it from the federal aid to wildlife restoration fund for such costs; (3) limit the federal share of such costs under such Act to 90%; and (4) require amounts provided for such costs under such Act to remain available for expenditure and obligation for five fiscal years. Shields the United States from any civil action or claim for money damages for injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is funded by the federal government pursuant to such Act or located on federal land, except to the extent provided under the Federal Tort Claims Act with respect to the exercise or performance of a discretionary function. Urges the Chief of the Forest Service and the Director of BLM to cooperate with state and local authorities and other entities to carry out waste removal and other activities on any federal land used as a public target range to encourage its continued use for target practice or marksmanship training. Amends the Fish and Wildlife Improvement Act of 1978 to exempt an authorized taking of migratory birds and collection of their eggs by indigenous inhabitants of Alaska from the prohibition on taking under the Migratory Bird Hunting and Conservation Stamp Act. Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of the Interior to issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person who submits proof that the polar bear was legally harvested before May 15, 2008 (currently by February 18, 1997), when polar bears were listed as a threatened species by the Department of the Interior. Amends the Migratory Bird Treaty Act to permit the taking of any migratory game bird, including waterfowl, coots, and cranes, on or over land that: (1) is not a baited area; and (2) contains a standing crop (including an aquatic crop), standing, flooded, or manipulated natural vegetation, flooded harvested cropland, or an area on which seed or grain has been scattered solely as the result of a normal agricultural practice or is land on which a crop during the current or immediately preceding crop year was not harvestable due to a natural disaster that is declared a major disaster by the President in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Requires a federal public land management official, in cooperation with the respective state and fish and wildlife agency, to exercise the authority of the official under law, including regarding land use planning, to facilitate the use of, and access to, federal public land for hunting, recreational fishing, and recreational shooting, except as described in this Act. Requires the heads of federal public land management agencies to exercise their discretion in a manner that supports and facilitates hunting, recreational fishing, and recreational shooting opportunities, to the extent authorized under applicable law. Requires that Bureau of Land Management (BLM) and Forest Service land, excluding land on the Outer Continental Shelf, be open to hunting, recreational fishing, or recreational shooting unless the managing agency acts to close lands to such activity. Permits closures or restrictions on such land for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, national security, or compliance with other law. Allows agencies to: (1) lease or permit use of federal public land for recreational shooting ranges, and (2) designate specific land for recreational shooting activities. Excepts from such use or designation land including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas. Requires annual reports on closures of federal public lands to hunting, recreational fishing, or recreational shooting. Sets forth requirements for specified closures or significant restrictions involving 1280 or more contiguous acres of federal public land or water to hunting or recreational fishing or related activities. Instructs federal public land agencies to consult with the advisory councils specified in Executive Orders 12962 (relating to recreational fisheries) and 13443 (relating to the facilitation of hunting heritage and wildlife conservation) in carrying out this Act. Requires the Secretary and the Secretary of Agriculture (USDA), for any film crew of five persons or fewer, to require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on federal land and waterways administered by the Secretary. Makes such a permit valid for such activities or projects that occur in areas designated for public use during public hours on all federal land and waterways administered by the Secretary for a one-year period. Allows an applicable land management agency to deny access to a film crew if: (1) there is a likelihood of resource damage that cannot be mitigated, (2) there would be an unreasonable disruption of the public use and enjoyment of the site, (3) the activity poses public health or safety risks, and (4) the filming includes the use of models or props that are not part of the land's natural or cultural resources or administrative facilities. Title II: Habitat Conservation - Amends the Land and Water Conservation Fund Act of 1965 to direct the Secretary and the Secretary of Agriculture (USDA) to ensure, from amounts requested for the Land and Water Conservation Fund per fiscal year, that not less than the greater of 1.5% of the requested amounts or $10 million be made available for certain projects identified on an annual priority list to be developed pursuant to this Act. Requires projects identified on such a list to secure, through rights-of-way or the acquisition of lands or interests from willing sellers, recreational public access to existing federal public lands that have significantly restricted access to hunting, fishing, and other recreational purposes. Amends the Federal Land Transaction Facilitation Act (FLTFA) to revoke provisions that terminate: (1) the authority provided under such Act, and (2) the Federal Land Disposal Account. Makes the FLTFA inapplicable to land eligible for sale under specified public land laws. Transfers to the Treasury for budget deficit reduction, for each of FY2014-FY2023, $1 million of the amounts deposited in the Federal Land Disposal Account. Amends the North American Wetlands Conservation Act to extend through FY2019 the authorization of appropriations for allocations to carry out approved wetlands conservation projects. Reauthorizes and revises the National Fish and Wildlife Foundation Establishment Act. Requires the Secretary of the Interior to appoint 28 directors (currently, 23) who are knowledgeable and experienced in matters relating to conservation of fish, wildlife, or other natural resources and represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation. Removes limitations on the appointment of such Foundation's officers and employees. Requires the Foundation's Executive Director to be appointed by and serve at the direction of the Board as the chief executive officer and to be knowledgeable and experienced in matters relating to fish and wildlife conservation. Gives the Foundation the power to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources. Repeals provisions authorizing the Foundation to establish a national whale conservation endowment fund. Authorizes appropriations for the Foundation for FY2014-FY2019. Authorizes the Foundation to: (1) assess and collect fees for the management of amounts received from federal agencies; and (2) use such federal funds for matching contributions made by private persons, state and local agencies, and other entities (current law requires such use).	To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Bipartisan Sportsmen's Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Regulatory reforms Sec. 101. Electronic duck stamps. Sec. 102. Modification of definition of sport fishing equipment under the Toxic Substances Control Act. Sec. 103. Target practice and marksmanship. Sec. 104. Exemption for subsistence users. Sec. 105. Permits for importation of polar bear trophies taken in sport hunts in Canada. Sec. 106. Taking of migratory game birds. Sec. 107. Recreational fishing, hunting, and recreational shooting on Federal public land. Sec. 108. Annual permit and fee for film crews of 5 persons or fewer. TITLE II—Habitat conservation Sec. 201. Availability of Land and Water Conservation Fund for recreational public access projects. Sec. 202. Federal Land Transaction Facilitation Act. Sec. 203. North American Wetlands Conservation Act. Sec. 204. National Fish and Wildlife Foundation Establishment Act. I Regulatory reforms 101. Electronic duck stamps (a) Definitions In this section: (1) Actual stamp The term actual stamp 16 U.S.C. 718a et seq. Duck Stamp Act (2) Automated licensing system (A) In general The term automated licensing system (B) Inclusion The term automated licensing system (3) Electronic stamp The term electronic stamp (A) is a unique identifier for the individual to whom it is issued; (B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides; (C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this section, to issue electronic stamps; (D) is compatible with the hunting licensing system of the State that issues the electronic stamp; and (E) is described in the State application approved by the Secretary under subsection (c)(3). (4) Secretary The term Secretary (b) Authority to issue electronic duck stamps (1) In general The Secretary may authorize any State to issue electronic stamps in accordance with this section. (2) Consultation The Secretary shall implement this section in consultation with State management agencies. (c) State application (1) Approval of application required The Secretary may not authorize a State to issue electronic stamps under this section unless the Secretary has received and approved an application submitted by the State in accordance with this section. (2) Number of new states The Secretary may determine the number of new States per year to participate in the electronic stamp program. (3) Contents of application The Secretary may not approve a State application unless the application contains— (A) a description of the format of the electronic stamp that the State will issue under this section, including identifying features of the licensee that will be specified on the stamp; (B) a description of any fee the State will charge for issuance of an electronic stamp; (C) a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program; (D) the manner by which the State will transmit electronic stamp customer data to the Secretary; (E) the manner by which actual stamps will be delivered; (F) the policies and procedures under which the State will issue duplicate electronic stamps; and (G) such other policies, procedures, and information as may be reasonably required by the Secretary. (4) Publication of deadlines, eligibility requirements, and selection criteria Not later than 30 days before the date on which the Secretary begins accepting applications under this section, the Secretary shall publish— (A) deadlines for submission of applications; (B) eligibility requirements for submitting applications; and (C) criteria for approving applications. (d) State obligations and authorities (1) Delivery of actual stamp The Secretary shall require that each individual to whom a State sells an electronic stamp under this section shall receive an actual stamp— (A) by not later than the date on which the electronic stamp expires under subsection (e)(3); and (B) in a manner agreed upon by the State and Secretary. (2) Collection and transfer of electronic stamp revenue and customer information (A) Requirement to transmit The Secretary shall require each State authorized to issue electronic stamps to collect and submit to the Secretary in accordance with this subsection— (i) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State; (ii) the face value amount of each electronic stamp sold by the State; and (iii) the amount of the Federal portion of any fee required by the agreement for each stamp sold. (B) Time of transmittal The Secretary shall require the submission under subparagraph (A) to be made with respect to sales of electronic stamps by a State according to the written agreement between the Secretary and the State agency. (C) Additional fees not affected This section shall not apply to the State portion of any fee collected by a State under paragraph (3). (3) Electronic stamp issuance fee A State authorized to issue electronic stamps may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under this section, including costs of delivery of actual stamps. (4) Duplicate electronic stamps A State authorized to issue electronic stamps may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged. (5) Limitation on authority to require purchase of state license A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under this section. (e) Electronic stamp requirements; recognition of electronic stamp (1) Stamp requirements The Secretary shall require an electronic stamp issued by a State under this section— (A) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and (B) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder. (2) Recognition of electronic stamp Any electronic stamp issued by a State under this section shall, during the effective period of the electronic stamp— (A) bestow upon the licensee the same privileges as are bestowed by an actual stamp; (B) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and (C) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting. (3) Duration An electronic stamp issued by a State shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days. (f) Termination of state participation The authority of a State to issue electronic stamps under this section may be terminated— (1) by the Secretary, if the Secretary— (A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under subsection (c); and (B) provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or (2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date. 102. Modification of definition of sport fishing equipment under the Toxic Substances Control Act Section 3(2)(B) of the Toxic Substances Control Act ( 15 U.S.C. 2602(2)(B) (1) in clause (v), by striking , and , or any component of any such article including, without limitation, shot, bullets and other projectiles, propellants, and primers, (2) in clause (vi) by striking the period at the end and inserting , and (3) by inserting after clause (vi) the following: (vii) any sport fishing equipment (as such term is defined in subparagraph (a) of section 4162 of the Internal Revenue Code of 1986) the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax as provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components. . 103. Target practice and marksmanship (a) Findings; purpose (1) Findings Congress finds that— (A) the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities; (B) in recent years preceding the date of enactment of this Act, portions of Federal land have been closed to target practice and marksmanship training for many reasons; (C) the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges; (D) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help— (i) to promote enjoyment of shooting, recreational, and hunting activities; and (ii) to ensure safe and convenient locations for those activities; (E) Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. (F) it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges. (2) Purpose The purpose of this section is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management. (b) Definition of public target range In this section, the term public target range (1) is identified by a governmental agency for recreational shooting; (2) is open to the public; (3) may be supervised; and (4) may accommodate archery or rifle, pistol, or shotgun shooting. (c) Amendments to pittman-robertson wildlife restoration act (1) Definitions Section 2 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a (A) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (B) by inserting after paragraph (1) the following: (2) the term public target range (A) is identified by a governmental agency for recreational shooting; (B) is open to the public; (C) may be supervised; and (D) may accommodate archery or rifle, pistol, or shotgun shooting; . (2) Expenditures for management of wildlife areas and resources Section 8(b) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669g(b) (A) by striking (b) Each State (b) Expenditures for management of wildlife areas and resources (1) In general Except as provided in paragraph (2), each State ; (B) in paragraph (1) (as so designated), by striking construction, operation, operation (C) in the second sentence, by striking The non-Federal share (3) Non-federal share The non-Federal share ; (D) in the third sentence, by striking The Secretary (4) Regulations The Secretary ; and (E) by inserting after paragraph (1) (as designated by subparagraph (A)) the following: (2) Exception Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range. . (3) Firearm and bow hunter education and safety program grants Section 10 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669h–1 (A) in subsection (a), by adding at the end the following: (3) Allocation of additional amounts Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range. ; (B) by striking subsection (b) and inserting the following: (b) Cost sharing (1) In general Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity. (2) Public target range construction or expansion The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity. ; and (C) in subsection (c)(1)— (i) by striking Amounts made (A) In general Except as provided in subparagraph (B), amounts made ; and (ii) by adding at the end the following: (B) Exception Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available. . (d) Sense of congress regarding cooperation It is the sense of Congress that, consistent with applicable laws (including regulations), the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training. 104. Exemption for subsistence users Section 3(h)(2) of the Fish and Wildlife Improvement Act of 1978 ( 16 U.S.C. 712(1) A taking authorized under this section shall be exempt from the prohibition on taking under section 1 of the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a). 105. Permits for importation of polar bear trophies taken in sport hunts in Canada Section 104(c)(5) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1374(c)(5) (D) Polar bear parts (i) In general Notwithstanding subparagraphs (A) and (C)(ii), subsection (d)(3), and sections 101 and 102, the Secretary of the Interior shall, expeditiously after the date on which the expiration of the applicable 30-day period described in subsection (d)(2) expires, issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person— (I) who submits, with the permit application, proof that the polar bear was legally harvested by the person before February 18, 1997; or (II) who submitted, with a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested from a polar bear population from which a sport-hunted trophy could be imported before May 15, 2008, in accordance with section 18.30(i) of title 50, Code of Federal Regulations (or a successor regulation) by the person before May 15, 2008. (ii) Applicability of prohibition on the importation of a depleted species (I) Parts legally harvested before February 18, 1997 (aa) In general Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(I). (bb) Applicability Item (aa) shall not apply to polar bear parts imported before June 12, 1997. (II) Parts legally harvested before May 15, 2008 (aa) In general Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(II). (bb) Applicability Item (aa) shall not apply to polar bear parts imported before the date of enactment of the Bipartisan Sportsmen's Act of 2014. . 106. Taking of migratory game birds Section 3 of the Migratory Bird Treaty Act ( 16 U.S.C. 704 (c) Exemptions on certain land (1) In general Nothing in this section prohibits the taking of any migratory game bird, including waterfowl, coots, and cranes, on or over land that— (A) is not a baited area; and (B) contains— (i) a standing crop or flooded standing crop, including an aquatic crop; (ii) standing, flooded, or manipulated natural vegetation; (iii) flooded harvested cropland; or (iv) based on the determination of the applicable State office of the Cooperative Extension System of the Department of Agriculture at the request of the Secretary of the Interior— (I) an area on which seed or grain has been scattered solely as the result of a normal agricultural planting, harvesting, post-harvest manipulation, or normal soil stabilization practice; or (II) land of an agricultural producer on which a crop during the current or immediately preceding crop year was not harvestable due to a natural disaster (including any hurricane, storm, tornado, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, fire, snowstorm, or other catastrophe that is declared a major disaster by the President in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (2) Determinations (A) In general For purposes of making a determination under paragraph (1)(B)(iv)(I), each State office of the Cooperative Extension System of the Department of Agriculture shall determine the activities in that State that the State office considers to be a normal agricultural practice in the State, such as mowing, shredding, discing, rolling, chopping, trampling, flattening, burning, or carrying out herbicide treatment. (B) Natural disaster For purposes of making a determination under paragraph (1)(B)(iv)(II), each State office of the Cooperative Extension Service of the Department of Agriculture shall determine that— (i) the crop has been destroyed; and (ii) it would not have been economically practicable to harvest the crop. (C) Revisions A State office may revise a report described in subparagraph (A) as the State office determines to be necessary to reflect changing agricultural practices. . 107. Recreational fishing, hunting, and recreational shooting on Federal public land (a) Definitions In this section: (1) Federal public land (A) In general The term Federal public land (i) owned by the United States; and (ii) managed by a Federal agency (including the Department of the Interior and the Forest Service) for purposes that include the conservation of natural resources. (B) Exclusions The term Federal public land (i) land or water held or managed in trust for the benefit of Indian tribes or individual Indians; (ii) land or water managed by the Director of the National Park Service or the Director of the United States Fish and Wildlife Service; (iii) fish hatcheries; or (iv) conservation easements on private land. (2) Hunting (A) In general The term hunting (i) pursuit, shooting, capture, collection, trapping, or killing of wildlife; or (ii) attempt to pursue, shoot, capture, collect, trap, or kill wildlife. (B) Exclusion The term hunting (3) Recreational fishing The term recreational fishing (A) an activity for sport or pleasure that involves the lawful— (i) catching, taking, or harvesting of fish; or (ii) attempted catching, taking, or harvesting of fish; or (B) any other activity for sport or pleasure that can reasonably be expected to result in the lawful catching, taking, or harvesting of fish. (4) Recreational shooting The term recreational shooting (A) the discharge of a rifle, handgun, or shotgun; or (B) the use of a bow and arrow. (b) Recreational fishing, hunting, and recreational shooting (1) In general Subject to valid existing rights, and in cooperation with the respective State fish and wildlife agency, a Federal public land management official shall exercise the authority of the official under existing law (including provisions regarding land use planning) to facilitate use of and access to Federal public land for recreational fishing, hunting, and recreational shooting except as limited by— (A) any Federal law (including regulations) that authorizes action or withholding action for reasons of national security, public safety, or resource conservation; (B) any other Federal law (including regulations) that precludes recreational fishing, hunting, or recreational shooting on specific Federal public land units of Federal public land, or water; and (C) discretionary limitations on recreational fishing, hunting, and recreational shooting determined to be necessary and reasonable, as supported by the best scientific evidence and advanced through a transparent public process. (2) Management Consistent with paragraph (1), the head of each Federal public land management agency shall exercise the land management discretion of the head— (A) in a manner that supports and facilitates recreational fishing, hunting, and recreational shooting opportunities; (B) to the extent authorized under applicable State law; and (C) in accordance with applicable Federal law. (3) Planning (A) Effects of plans and activities (i) Evaluation of effects on opportunities to engage in recreational fishing, hunting, or recreational shooting Federal public land planning documents (including land resources management plans, resource management plans, travel management plans, and energy development plans) shall include a specific evaluation of the effects of the plans on opportunities to engage in recreational fishing, hunting, or recreational shooting. (ii) Other activity not considered (I) In general Federal public land management officials shall not be required to consider the existence or availability of recreational fishing, hunting, or recreational shooting opportunities on private or public land that is located adjacent to, or in the vicinity of, Federal public land for purposes of— (aa) planning for or determining which units of Federal public land are open for recreational fishing, hunting, or recreational shooting; or (bb) setting the levels of use for recreational fishing, hunting, or recreational shooting on Federal public land. (II) Enhanced opportunities Federal public land management officials may consider the opportunities described in subclause (I) if the combination of those opportunities would enhance the recreational fishing, hunting, or shooting opportunities available to the public. (B) Use of volunteers If hunting is prohibited by law, all Federal public land planning documents described in subparagraph (A)(i) of an agency shall, after appropriate coordination with State fish and wildlife agencies, allow the participation of skilled volunteers in the culling and other management of wildlife populations on Federal public land unless the head of the agency demonstrates, based on the best scientific data available or applicable Federal law, why skilled volunteers should not be used to control overpopulation of wildlife on the land that is the subject of the planning document. (4) Bureau of land management and forest service land (A) Land open (i) In general Land under the jurisdiction of the Bureau of Land Management or the Forest Service (including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas, but excluding land on the outer Continental Shelf) shall be open to recreational fishing, hunting, and recreational shooting unless the managing Federal public land agency acts to close the land to the activity. (ii) Motorized access Nothing in this subparagraph authorizes or requires motorized access or the use of motorized vehicles for recreational fishing, hunting, or recreational shooting purposes within land designated as a wilderness study area or administratively classified as wilderness eligible or suitable. (B) Closure or restriction Land described in subparagraph (A)(i) may be subject to closures or restrictions if determined by the head of the agency to be necessary and reasonable and supported by facts and evidence for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interests, national security, or compliance with other law, as determined appropriate by the Director of the Bureau of Land Management or the Chief of the Forest Service, as applicable. (C) Shooting ranges (i) In general Except as provided in clause (iii), the head of each Federal public land agency may use the authorities of the head, in a manner consistent with this section and other applicable law— (I) to lease or permit use of land under the jurisdiction of the head for shooting ranges; and (II) to designate specific land under the jurisdiction of the head for recreational shooting activities. (ii) Limitation on liability Any designation under clause (i)(II) shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any recreational shooting activity occurring at or on the designated land. (iii) Exception The head of each Federal public land agency shall not lease or permit use of Federal public land for shooting ranges or designate land for recreational shooting activities within including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas. (5) Report Not later than October 1 of every other year, beginning with the second October 1 after the date of enactment of this Act, the head of each Federal public land agency who has authority to manage Federal public land on which recreational fishing, hunting, or recreational shooting occurs shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (A) any Federal public land administered by the agency head that was closed to recreational fishing, hunting, or recreational shooting at any time during the preceding year; and (B) the reason for the closure. (6) Closures or significant restrictions of 1,280 or more acres (A) In general Other than closures established or prescribed by land planning actions referred to in paragraph (4)(B) or emergency closures described in subparagraph (C), a permanent or temporary withdrawal, change of classification, or change of management status of Federal public land or water that effectively closes or significantly restricts 1,280 or more contiguous acres of Federal public land or water to access or use for recreational fishing or hunting or activities relating to fishing or hunting shall take effect only if, before the date of withdrawal or change, the head of the Federal public land agency that has jurisdiction over the Federal public land or water— (i) publishes appropriate notice of the withdrawal or change, respectively; (ii) demonstrates that coordination has occurred with a State fish and wildlife agency; and (iii) submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, respectively. (B) Aggregate or cumulative effects If the aggregate or cumulative effect of separate withdrawals or changes effectively closes or significantly restricts or affects 1,280 or more acres of land or water, the withdrawals and changes shall be treated as a single withdrawal or change for purposes of subparagraph (A). (C) Emergency closures (i) In general Nothing in this section prohibits a Federal public land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area of Federal public land to provide for public safety, resource conservation, national security, or other purposes authorized by law. (ii) Termination An emergency closure under clause (i) shall terminate after a reasonable period of time unless the temporary closure is converted to a permanent closure consistent with this section. (7) No priority Nothing in this section requires a Federal agency to give preference to recreational fishing, hunting, or recreational shooting over other uses of Federal public land or over land or water management priorities established by other Federal law. (8) Consultation with councils In carrying out this section, the heads of Federal public land agencies shall consult with the appropriate advisory councils established under Executive Order 12962 ( 16 U.S.C. 1801 16 U.S.C. 661 (9) Authority of states (A) In general Nothing in this section interferes with, diminishes, or conflicts with the authority, jurisdiction, or responsibility of any State to manage, control, or regulate fish and wildlife under State law (including regulations) on land or water within the State, including on Federal public land. (B) Federal licenses (i) In general Except as provided in clause (ii), nothing in this subsection authorizes the head of a Federal public land agency head to require a license, fee, or permit to fish, hunt, or trap on land or water in a State, including on Federal public land in the State. (ii) Migratory bird stamps Nothing in this subparagraph affects any migratory bird stamp requirement of the Act of March 16, 1934 (16 U.S.C. 718a et seq.)(popularly known as the Duck Stamp Act 108. Annual permit and fee for film crews of 5 persons or fewer (a) Purpose The purpose of this section is to provide commercial film crews of 5 persons or fewer access to film in areas designated for public use during public hours on Federal land and waterways. (b) Special Rules Section 1(a) of Public Law 106–206 16 U.S.C. 460 l (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and indenting appropriately; (2) in the first sentence, by striking The Secretary of the Interior (1) In general Except as provided in paragraph (4), the Secretary of the Interior ; (3) in the second sentence, by striking Such fee (2) Criteria The fee established under paragraph (1) ; (4) in the third sentence, by striking The Secretary may (3) Other considerations The Secretary may ; and (5) by adding at the end the following: (4) Special rules for film crews of 5 persons or fewer (A) Definition of film crew In this paragraph, the term film crew (B) Required permit and fee For any film crew of 5 persons or fewer, the Secretary shall require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on Federal land and waterways administered by the Secretary. (C) Commercial filming activities A permit issued under subparagraph (B) shall be valid for commercial filming activities or similar projects that occur in areas designated for public use during public hours on all Federal land and waterways administered by the Secretary for a 1-year period beginning on the date of issuance of the permit. (D) No additional fees For persons holding a permit issued under this paragraph, during the effective period of the permit, the Secretary shall not assess any fees in addition to the fee assessed under subparagraph (B). (E) Use of cameras The Secretary shall not prohibit, as a mechanized apparatus or under any other purposes, use of cameras or related equipment used for the purpose of commercial filming activities or similar projects in accordance with this paragraph on Federal land and waterways administered by the Secretary. (F) Notification required A film crew of 5 persons or fewer subject to a permit issued under this paragraph shall notify the applicable land management agency with jurisdiction over the Federal land at least 48 hours before entering the Federal land. (G) Denial of access The head of the applicable land management agency may deny access to a film crew under this paragraph if— (i) there is a likelihood of resource damage that cannot be mitigated; (ii) there would be an unreasonable disruption of the use and enjoyment of the site by the public; (iii) the activity poses health or safety risks to the public; or (iv) the filming includes the use of models or props that are not part of the natural or cultural resources or administrative facilities of the Federal land. . (c) Recovery of Costs Section 1(b) of Public Law 106–206 ( 16 U.S.C. 460 l (1) by striking collect any costs recover any costs (2) by striking similar project similar projects II Habitat conservation 201. Availability of Land and Water Conservation Fund for recreational public access projects (a) Availability of funds Section 3 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–6 3. Availability of funds for certain projects (a) In general Notwithstanding any other provision of this Act, the Secretary of the Interior and the Secretary of Agriculture shall ensure that, of the amounts requested for the fund for each fiscal year, not less than the greater of 1.5 percent of the amounts or $10,000,000 shall be made available for projects identified on the priority list developed under subsection (b). (b) Priority list The Secretary of the Interior and the Secretary of Agriculture, in consultation with the head of each affected Federal agency, shall annually develop a priority list for the sites under the jurisdiction of the applicable Secretary. (c) Criteria Projects identified on the priority list developed under subsection (b) shall secure recreational public access to Federal public land in existence as of the date of enactment of this section that has significantly restricted access for hunting, fishing, and other recreational purposes through rights-of-way or acquisition of land (or any interest in land) from willing sellers. . (b) Conforming amendments The Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460 l (1) in the proviso at the end of section 2(c)(2) ( 16 U.S.C. 460 l notwithstanding the provisions of section 3 of this Act (2) in the first sentence of section 9 ( 16 U.S.C. 460 l by section 3 of this Act (3) in the third sentence of section 10 ( 16 U.S.C. 460 l by section 3 of this Act 202. Federal Land Transaction Facilitation Act (a) In general The Federal Land Transaction Facilitation Act is amended— (1) in section 203(2) ( 43 U.S.C. 2302(2) on the date of enactment of this Act was is (2) in section 205 ( 43 U.S.C. 2304 (A) in subsection (a), by striking (as in effect on the date of enactment of this Act) (B) by striking subsection (d); (3) in section 206 ( 43 U.S.C. 2305 (4) in section 207(b) ( 43 U.S.C. 2306(b) (A) in paragraph (1)— (i) by striking 96–568 96–586 (ii) by striking ; or (B) in paragraph (2)— (i) by inserting Public Law 105–263; 112 Stat. (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (3) the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109–432; 120 Stat. 3028); (4) the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2403); (5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111–11 (6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public Law 111–11 (7) section 2601 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (8) section 2606 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 . (b) Deficit Reduction Of the amounts deposited in the Federal Land Disposal Account, there shall be transferred to the Treasury and used for Federal budget deficit reduction, $1,000,000 for each of fiscal years 2014 through 2023. 203. North American Wetlands Conservation Act Section 7(c) of the North American Wetlands Conservation Act ( 16 U.S.C. 4406(c) (1) in paragraph (4), by striking and (2) in paragraph (5), by striking the period at the end and inserting ; and (3) by adding at the end the following: (6) $50,000,000 for each of fiscal years 2014 through 2019. . 204. National Fish and Wildlife Foundation Establishment Act (a) Board of directors of the Foundation (1) In general Section 3 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3702 (A) in subsection (b)— (i) by striking paragraph (2) and inserting the following: (2) In general After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall— (A) be knowledgeable and experienced in matters relating to the conservation of fish, wildlife, or other natural resources; and (B) represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation. ; and (ii) by striking paragraph (3) and inserting the following: (3) Terms Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years. ; and (B) in subsection (g)(2)— (i) in subparagraph (A), by striking (A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers (A) In general Officers ; and (ii) by striking subparagraph (B) and inserting the following: (B) Executive Director The Foundation shall have an Executive Director who shall be— (i) appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation; and (ii) knowledgeable and experienced in matters relating to fish and wildlife conservation. . (2) Conforming amendment Section 4(a)(1)(B) of the North American Wetlands Conservation Act ( 16 U.S.C. 4403(a)(1)(B) Secretary of the Board Executive Director of the Board (b) Rights and obligations of the Foundation Section 4 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3703 (1) in subsection (c)— (A) by striking (c) Powers (c) Powers (1) In general To carry out the purposes described in ; (B) by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately; (C) in subparagraph (D) (as redesignated by subparagraph (B)), by striking that are insured by an agency or instrumentality of the United States at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation (D) in subparagraph (E) (as redesignated by subparagraph (B)), by striking paragraph (3) or (4) subparagraph (C) or (D) (E) in subparagraph (J) (as redesignated by subparagraph (B)), by striking ; and (F) by striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following: (K) to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; and (L) to do acts necessary to carry out the purposes of the Foundation. ; and (G) by striking the undesignated matter at the end and inserting the following: (2) Treatment of real property (A) In general For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. (B) Encumbered real property A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. (3) Savings clause The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts. ; (2) by striking subsections (f) and (g); and (3) by redesignating subsections (h) and (i) as subsections (f) and (g), respectively. (c) Authorization of appropriations Section 10 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) In general There are authorized to be appropriated to carry out this Act for each of fiscal years 2014 through 2019— (A) $15,000,000 to the Secretary of the Interior; (B) $5,000,000 to the Secretary of Agriculture; and (C) $5,000,000 to the Secretary of Commerce. ; (2) in subsection (b)— (A) by striking paragraph (1) and inserting the following: (1) Amounts from Federal agencies (A) In general In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities may provide Federal funds to the Foundation, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act. (B) Advances Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred. (C) Management fees The Foundation may assess and collect fees for the management of amounts received under this paragraph. ; (B) in paragraph (2)— (i) in the paragraph heading, by striking funds amounts (ii) by striking shall be used may be used (iii) by striking and State and local government agencies , State and local government agencies, and other entities (C) by adding at the end the following: (3) Administration of amounts (A) In general In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process applicable to the department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is— (i) to address an environmental emergency resulting from a natural or other disaster; or (ii) as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. (B) Reports The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year. ; and (3) by adding at the end the following: (d) Use of gifts, devises, or bequests of money or other property Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources. . (d) Limitation on authority Section 11 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3710 exclusive authority February 6, 2014 Read the second time and placed on the calendar	Bipartisan Sportsmen's Act of 2014
Dry-Redwater Regional Water Authority System Act of 2014 - Authorizes the Secretary of the Interior to carry out the project entitled the "Dry-Redwater Regional Water Authority System" in accordance with the plans described in the "Dry-Redwater Regional Water System Feasibility Study" if the Secretary determines that the project is feasible. Directs the Secretary to enter into a cooperative agreement to provide federal assistance for the planning, design, and construction of the System for specified counties in Montana and North Dakota. Limits the federal share of planning, design, and construction of the System to 75% of the total cost, or such other lesser amount as may be determined by the Commissioner of Reclamation in a feasibility report. Delineates the components of System facilities for which federal funds may be expended. Prohibits federal funds from being used for the System's operation, maintenance, or replacement. Directs the Administrator of the Western Area Power Administration to make available to the System a quantity of power required, up to one and a half megawatt capacity, to meet the System's pumping and incidental operation requirements between May 1 and October 31 of each year from the water intake facilities and through all pumping stations, water treatment facilities, reservoirs, storage tanks, and pipelines up to the point of delivery of water by the water supply system to all storage reservoirs and tanks and each entity that distributes water at retail to individual users. Makes the System eligible to receive such power only if it operates on a nonprofit basis and is constructed pursuant to the cooperative agreement. Sets forth provisions regarding the purchase of additional power, the Authority's responsibility for power charges and non-federal delivery costs, and the System's responsibility for non-federal transmission and distribution system delivery and service arrangements and for funding any transmission upgrades required to the integrated system necessary to deliver power to the System.	To authorize the Dry-Redwater Regional Water Authority System. 1. Short title This Act may be cited as the Dry-Redwater Regional Water Authority System Act of 2014 2. Purpose The purpose of this Act is to ensure a safe and adequate municipal, rural, and industrial water supply for the citizens of— (1) Dawson, Garfield, McCone, Prairie, and Richland Counties of the State; and (2) McKenzie County, North Dakota. 3. Definitions In this Act: (1) Administrator The term Administrator (2) Authority The term Authority (A) the Dry-Redwater Regional Water Authority, which is a publicly owned nonprofit water authority formed in accordance with Mont. Code Ann. § 75–6–302 (2007); and (B) any nonprofit successor entity. (3) Integrated system The term integrated system (4) Non-Federal distribution system The term non-Federal distribution system (5) Pick-Sloan program The term Pick-Sloan program Flood Control Act of 1944 (6) Secretary The term Secretary (7) State The term State (8) Water System The term Water System (A) the Garfield and McCone Counties of the State; (B) the area west of the Yellowstone River in Dawson and Richland Counties of the State; (C) Township 15N (including the area north of the Township) in Prairie County of the State; and (D) the portion of McKenzie County, North Dakota that includes all land that is located west of the Yellowstone River in the State of North Dakota. 4. Dry-Redwater Regional Water Authority System (a) Authorization (1) In general If the Secretary, acting through the Commissioner of the Bureau of Reclamation, determines that the project is feasible, the Secretary is authorized to carry out the project entitled Dry-Redwater Regional Water Authority System Dry-Redwater Regional Water System Feasibility Study 43 U.S.C. 2405(a) (2) Cooperative agreement The Secretary shall enter into a cooperative agreement with the Authority to provide Federal assistance for the planning, design, and construction of the Water System. (b) Cost sharing (1) Federal share (A) In general The Federal share of the costs relating to the planning, design, and construction of the Water System shall not exceed— (i) 75 percent of the total cost of the Water System; or (ii) such other lesser amount as may be determined by the Secretary, acting through the Commissioner of Reclamation in a feasibility report. (B) Limitation Amounts made available under subparagraph (A) shall not be returnable or reimbursable under the reclamation laws. (2) Use of Federal funds (A) In general Subject to subparagraph (B), Federal funds made available to carry out this section may be used for— (i) facilities relating to— (I) water intake; (II) water pumping; (III) water treatment; and (IV) water storage; (ii) transmission pipelines and pumping stations; (iii) appurtenant buildings, maintenance equipment, and access roads; (iv) any interconnection facility that connects a pipeline of the Water System to a pipeline of a public water system; (v) distribution, pumping, and storage facilities that— (I) serve the needs of citizens who use public water systems; (II) are in existence on the date of enactment of this Act; and (III) may be purchased, improved, and repaired in accordance with a cooperative agreement entered into by the Secretary under subsection (a)(2); (vi) electrical power transmission and distribution facilities required for the operation and maintenance of the Water System; (vii) any other facility or service required for the development of a rural water distribution system, as determined by the Secretary; and (viii) any property or property right required for the construction or operation of a facility described in this subsection. (B) Limitation Federal funds made available to carry out this section shall not be used for the operation, maintenance, or replacement of the Water System. (c) Title Title to the Water System shall be held by the Authority. 5. Use of power from Pick-Sloan program (a) Findings Congress finds that McCone and Garfield Counties in the State were designated as impact counties during the period in which the Fort Peck Dam was constructed, and as such, were to receive impact mitigation benefits in accordance with the Pick-Sloan program. (b) Availability of power (1) In general Subject to paragraph (2), the Administrator shall make available to the Water System a quantity of power required, of up to 1 ½ (A) from the water intake facilities; and (B) through all pumping stations, water treatment facilities, reservoirs, storage tanks, and pipelines up to the point of delivery of water by the water supply system to all storage reservoirs and tanks and each entity that distributes water at retail to individual users. (2) Eligibility The Water System shall be eligible to receive power under paragraph (1) if the Water System— (A) operates on a not-for-profit basis; and (B) is constructed pursuant to a cooperative agreement entered into by the Secretary under section 4(a)(2). (3) Rate The Administrator shall establish the cost of the power described in paragraph (1) at the firm power rate. (4) Additional power (A) In general If power, in addition to that made available to the Water System under paragraph (1), is necessary to meet the pumping requirements of the Authority, the Administrator may purchase the necessary additional power at the best available rate. (B) Reimbursement The cost of purchasing additional power shall be reimbursed to the Administrator by the Authority. (5) Responsibility for power charges The Authority shall be responsible for the payment of the power charge described in paragraph (4) and non-Federal delivery costs described in paragraph (6). (6) Transmission arrangements (A) In general The Water System shall be responsible for all non-Federal transmission and distribution system delivery and service arrangements. (B) Upgrades The Water System shall be responsible for funding any transmission upgrades, if required, to the integrated system necessary to deliver power to the Water System. (7) Construction Nothing in this section exempts the Water System from the requirements of the Rural Water Supply Act of 2006 ( 43 U.S.C. 2401 et seq. 6. Water rights Nothing in this Act— (1) preempts or affects any State water law; or (2) affects any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State. 7. Authorization of appropriations (a) Authorization of appropriations There are authorized to be appropriated to carry out the planning, design, and construction of the Water System such sums as are necessary, substantially in accordance with the cost estimate set forth in the feasibility study described in section 4(a). (b) Cost indexing The amount authorized to be appropriated under subsection (a) may be increased or decreased in accordance with ordinary fluctuations in development costs incurred after January 1, 2008, as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the Water System.	Dry-Redwater Regional Water Authority System Act of 2014
Native Adult Education and Literacy Act of 2014 - Amends the Adult Education and Family Literacy Act to include Tribal Colleges or Universities as eligible providers of services under that Act. Directs the Secretary of Education to award competitive grants to Tribal Colleges or Universities and Native Hawaiian educational organizations to develop and implement innovative, effective, and replicable programs designed to enhance life skills and transition individuals to employability and postsecondary education. Requires grantees to have a multiyear strategy, including performance measures, for increasing the number of adult American Indians, Native Hawaiians, or Alaska Natives that attain a secondary school diploma or its recognized equivalent. Includes among the activities that may be funded by a grant: adult education and literacy services, including workplace literacy services; family literacy services; English literacy programs, including limited English proficiency programs; opportunities for American Indians, Native Hawaiians, and Alaska Natives to qualify for a secondary school diploma or its recognized equivalent; and demonstration and research projects and professional development activities designed to develop and identify the most successful means of addressing the educational needs of American Indian, Native Hawaiian, and Alaska Native adults.	To amend the Adult Education and Family Literacy Act to reserve funds for American Indian, Alaska Native, Native Hawaiian, and Tribal College or University adult education and literacy. 1. Short title This Act may be cited as the Native Adult Education and Literacy Act of 2014 2. American Indian, Alaska Native, Native Hawaiian, and Tribal College or University adult education and literacy The Adult Education and Family Literacy Act ( 20 U.S.C. 9201 et seq. (1) in section 203— (A) in paragraph (5)(D), by inserting , including a Tribal College or University education (B) in paragraph (15)(B), by striking tribally controlled community college Tribal College or University (C) by redesignating paragraph (18) as paragraph (19); and (D) by inserting after paragraph (17) the following: (18) Tribal College or University The term Tribal College or University 20 U.S.C. 1059c(b) ; (2) in section 211(a)— (A) in paragraph (2), by striking and (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) shall reserve 2.3 percent to carry out section 244; and ; and (3) by inserting after section 243 the following: 244. American Indian, Alaska Native, Native Hawaiian, and Tribal College or University adult education and literacy (a) Grants and purpose From the amount reserved under section 211(a)(3) for a fiscal year, the Secretary shall award grants to Tribal Colleges or Universities and Native Hawaiian educational organizations— (1) to enable the Tribal Colleges or Universities and Native Hawaiian educational organizations to develop and implement innovative, effective, and replicable programs designed to enhance life skills and transition individuals to employability and postsecondary education; and (2) to provide technical assistance to such colleges, universities, and organizations for program administration. (b) Application To be eligible to receive a grant under this section, a Tribal College or University or a Native Hawaiian educational organization shall submit to the Secretary an application at such time and in such manner as the Secretary may reasonably require. The Secretary shall, to the extent practicable, prescribe a simplified and streamlined format for such applications that takes into account the limited number of colleges, universities, and organizations that are eligible for assistance under this section. (c) Grants and contracts Funding shall be awarded under this section to Tribal Colleges or Universities or Native Hawaiian educational organizations on a competitive basis through grants, contracts, or cooperative agreements of not less than 3 years in duration. (d) Consideration and inclusion In making awards under this section, the Secretary may take into account the considerations set forth in section 231(e). In no case shall the Secretary make an award to a Tribal College or University or Native Hawaiian educational organization that does not include in its application a description of a multiyear strategy, including performance measures, for increasing the number of adult American Indian, Native Hawaiian, or Alaska Natives that attain a secondary school diploma or its recognized equivalent. (e) Eligible activities Activities that may be carried out under a grant awarded under this section shall include— (1) adult education and literacy services, including workplace literacy services; (2) family literacy services; (3) English literacy programs, including limited English proficiency programs; (4) opportunities for American Indians, Native Hawaiians, and Alaska Natives to qualify for a secondary school diploma, or its recognized equivalent; and (5) demonstration and research projects and professional development activities designed to develop and identify the most successful methods and techniques for addressing the educational needs of American Indian, Native Hawaiian, and Alaska Native adults. (f) Definition of Native Hawaiian educational organization The term Native Hawaiian educational organization (1) serves the adult education and literacy needs and interests of Native Hawaiians; (2) has Native Hawaiians in substantive and policymaking positions within the organization; (3) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization; (4) has demonstrated expertise in the education or training of Native Hawaiian children, youth, or adults; and (5) has demonstrated expertise in research and program development. .	Native Adult Education and Literacy Act of 2014
SCRA Rights Protection Act of 2014 - Amends the Servicemembers Civil Relief Act to allow the use of arbitration to resolve a controversy that arises under a contract with a servicemember (or with a servicemember and spouse jointly) that provides for arbitration, only if all parties to the controversy consent in writing to arbitration after the controversy arises. Allows a servicemember's waiver of any of such Act's rights and protections to be effective only if it is made after a specific dispute has arisen and the dispute is identified in the waiver. Allows a representative of members of an aggrieved class, or a member of such class, to bring a private civil action for a violation of any rights or protections under such Act.	To amend the Servicemembers Civil Relief Act to require the consent of parties to contracts for the use of arbitration to resolve controversies arising under the contracts and subject to provisions of such Act and to preserve the rights of servicemembers to bring class actions under such Act, and for other purposes. 1. Short title This Act may be cited as the SCRA Rights Protection Act of 2014 2. Election of arbitration to resolve controversies under Servicemembers Civil Relief Act (a) In general Section 102 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 512 (d) Written consent required for arbitration Notwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the servicemember’s spouse jointly, provides for the use of arbitration to resolve a controversy subject to a provision of this Act and arising out of or relating to such contract, arbitration may be used to settle such controversy only if, after such controversy arises, all parties to such controversy consent in writing to use arbitration to settle such controversy. . (b) Applicability Subsection (d) of such section, as added by subsection (a), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act. 3. Limitation on waiver of rights and protections under Servicemembers Civil Relief Act (a) In general Section 107(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 517(a) (1) in the second sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver to which it applies (2) in the third sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver period of military service (b) Applicability The amendment made by subsection (a) shall apply with respect to waivers made on or after the date of the enactment of this Act. 4. Preservation of right to bring class action under Servicemembers Civil Relief Act (a) In general Section 802(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 597a(a) (1) in paragraph (1), by striking and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary. . (b) Construction The amendments made by subsection (a) shall not be construed to imply that a person aggrieved by a violation of such Act did not have a right to bring a civil action as a representative party on behalf of members of a class or be a member of a class in a civil action before the date of the enactment of this Act.	SCRA Rights Protection Act of 2014
SGR Repeal and Medicare Provider Payment Modernization Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) end and remove sustainable growth rate (SGR) methodology from the determination of annual conversion factors in the formula for payment for physicians' services; (2) establish an update to the single conversion factor for 2014 through 2018 of 0.5%, (3) freeze the update to the single conversion factor at 0.00% for 2019 through 2023, and (4) establish an update of 1% for health professionals participating in alternative payment models (APMs) and an update of 0.5% for all other health professionals after 2023. Directs the Medicare Payment Advisory Commission (MEDPAC) to report to Congress on the relationship between: (1) physician and other health professional utilization and expenditures (and their rate of increase) of items and services for which Medicare payment is made, and (2) total utilization and expenditures (and their rate of increase) under Medicare parts A (Hospital Insurance), B (Supplementary Medical Insurance), and D (Voluntary Prescription Drug Benefit Program). Directs MEDPAC to report to Congress on: (1) the payment update for professional services applied under Medicare for 2014 through 2018, (2) the effect of such update on the efficiency, economy, and quality of care provided under such program, (3) the effect of such update on ensuring a sufficient number of providers to maintain access to care by Medicare beneficiaries, and (4) recommendations for any future payment updates for professional services under such program to ensure adequate access to care is maintained for Medicare beneficiaries Revises and consolidates components of the three specified existing performance incentive programs into a merit-based incentive payment system (MIPS) the Secretary of Health and Human Services (HHS) is directed to establish, under which MIPS-eligible professionals (excluding most Alternative Payment Model [APM] participants) receive annual payment increases or decreases based on their performance. Applies the MIPS program to payments for items and services furnished on or after January 1, 2018. Requires specified incentive payments to be made to eligible partial qualifying APM participants. Directs the Secretary to make available on the Physician Compare website of the Centers for Medicare & Medicaid Services (CMS) certain information, including information regarding the performance of MIPS-eligible professionals. Requires the Comptroller General (GAO) to evaluate the MIPS program. Requires GAO to submit to Congress a report that: (1) compares the similarities and differences in the use of quality measures under the original Medicare fee-for-service programs, the Medicare Advantage (MA) program under Medicare part C (Medicare+Choice), selected state Medicaid programs, and private payer arrangements; and (2) make recommendations on how to reduce the administrative burden involved in applying such quality measures. Directs GAO to report to Congress on: (1) whether entities that pool financial risk for physician services can play a role in supporting physician practices in assuming financial risk for treatment of patients, and (2) the transition to an APM of professionals in rural areas, health professional shortage areas, or medically underserved areas. Establishes the Payment Model Technical Advisory Committee to make recommendations to the Secretary on physician-focused payment models. Requires the Secretary to study: (1) the application of federal fraud prevention laws related to APMs; (2) the effect of individuals' socioeconomic status on quality and resource use outcome measures for individuals under Medicare; and (3) the impact of risk factors, race, health literacy, limited English proficiency (LEP), and patient activation, on quality and resource use outcome measures under Medicare. Directs the Secretary to: (1) post on the CMS Internet website a draft plan for the development of quality measures to assess professionals, (2) establish new Healthcare Common Procedure Coding System (HCPCS) codes for chronic care management services, and (3) conduct an education and outreach campaign to inform professionals who furnish items and services under Medicare part B and Medicare part B enrollees of the benefits of chronic care management services. Authorizes the Secretary to: (1) collect and use information on the resources directly or indirectly related to physicians' services in the determination of relative values under the Medicare physician fee schedule; and (2) establish or adjust practice expense relative values using cost, charge, or other data from suppliers or service providers. Revises and expands factors for identification of potentially misvalued codes. Sets an annual target for relative value adjustments for misvalued services. Phases-in of significant relative value unit (RVU) reductions. Directs GAO to study the processes used by the Relative Value Scale Update Committee (RUC) to make recommendations to the Secretary regarding relative values for specific services under the Medicare physician fee schedule. Makes Metropolitan Statistical Areas in California fee schedule areas for Medicare payments. Directs the Secretary to: (1) establish a program to promote the use of appropriate use criteria for certain imaging services furnished by ordering professionals and furnishing professionals, and (2) make publicly available on the CMS Physician Compare website specified information with respect to eligible professionals. Expands the kinds and uses of data available to qualified entities for quality improvement activities. Directs the Secretary to provide Medicare data to qualified clinical data registries to facilitate quality improvement or patient safety. Permits continuing automatic extensions of a Medicare physician and practitioner election to opt-out of the Medicare physician payment system into private contracts. Directs the Secretary to: (1) make publicly available through an appropriate publicly accessible website information on the number and characteristics of opt-out physicians and practitioners, and (2) report to Congress recommendations to amend existing fraud and abuse laws, through exceptions, safe harbors, or other narrowly targeted provisions, to permit gainsharing or similar arrangements between physicians and hospitals that improve care while reducing waste and increasing efficiency. Declares it a national objective to achieve widespread exchange of health information through interoperable certified electronic health record (EHR) technology nationwide by December 31, 2017, as a consequence of a significant federal investment in the implementation of health information technology through the Medicare and Medicaid EHR programs. Directs the Secretary to study the feasibility of establishing mechanisms that includes aggregated results of surveys of meaningful EHR users on the functionality of certified EHR products to enable such users to compare directly the functionality and other features of such products. Requires GAO studies on the use of telehealth under federal programs and on remote patient monitoring services.	To amend title XVIII of the Social Security Act to repeal the Medicare sustainable growth rate and improve Medicare payments for physicians and other professionals, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the SGR Repeal and Medicare Provider Payment Modernization Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Repealing the sustainable growth rate (SGR) and improving Medicare payment for physicians’ services. Sec. 3. Priorities and funding for measure development. Sec. 4. Encouraging care management for individuals with chronic care needs. Sec. 5. Ensuring accurate valuation of services under the physician fee schedule. Sec. 6. Promoting evidence-based care. Sec. 7. Empowering beneficiary choices through access to information on physicians’ services. Sec. 8. Expanding availability of Medicare data. Sec. 9. Reducing administrative burden and other provisions. 2. Repealing the sustainable growth rate (SGR) and improving Medicare payment for physicians’ services (a) Stabilizing fee updates (1) Repeal of SGR payment methodology Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (A) in subsection (d)— (i) in paragraph (1)(A), by inserting or a subsequent paragraph paragraph (4) (ii) in paragraph (4)— (I) in the heading, by inserting and ending with 2013 years beginning with 2001 (II) in subparagraph (A), by inserting and ending with 2013 a year beginning with 2001 (B) in subsection (f)— (i) in paragraph (1)(B), by inserting through 2013 of each succeeding year (ii) in paragraph (2), in the matter preceding subparagraph (A), by inserting and ending with 2013 beginning with 2000 (2) Update of rates for April through December of 2014, 2015, and subsequent years Subsection (d) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (15) Update for 2014 through 2018 The update to the single conversion factor established in paragraph (1)(C) for 2014 and each subsequent year through 2018 shall be 0.5 percent. (16) Update for 2019 through 2023 The update to the single conversion factor established in paragraph (1)(C) for 2019 and each subsequent year through 2023 shall be zero percent. (17) Update for 2024 and subsequent years The update to the single conversion factor established in paragraph (1)(C) for 2024 and each subsequent year shall be— (A) for items and services furnished by a qualifying APM participant (as defined in section 1833(z)(2)) for such year, 1.0 percent; and (B) for other items and services, 0.5 percent. . (3) MedPAC reports (A) Initial report Not later than July 1, 2016, the Medicare Payment Advisory Commission shall submit to Congress a report on the relationship between— (i) physician and other health professional utilization and expenditures (and the rate of increase of such utilization and expenditures) of items and services for which payment is made under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (ii) total utilization and expenditures (and the rate of increase of such utilization and expenditures) under parts A, B, and D of title XVIII of such Act. Such report shall include a methodology to describe such relationship and the impact of changes in such physician and other health professional practice and service ordering patterns on total utilization and expenditures under parts A, B, and D of such title. (B) Final report Not later than July 1, 2020, the Medicare Payment Advisory Commission shall submit to Congress a report on the relationship described in subparagraph (A), including the results determined from applying the methodology included in the report submitted under such subparagraph. (C) Report on update to physicians’ services under Medicare Not later than July 1, 2018, the Medicare Payment Advisory Commission shall submit to Congress a report on— (i) the payment update for professional services applied under the Medicare program under title XVIII of the Social Security Act for the period of years 2014 through 2018; (ii) the effect of such update on the efficiency, economy, and quality of care provided under such program; (iii) the effect of such update on ensuring a sufficient number of providers to maintain access to care by Medicare beneficiaries; and (iv) recommendations for any future payment updates for professional services under such program to ensure adequate access to care is maintained for Medicare beneficiaries. (b) Consolidation of certain current law performance programs with new merit-Based Incentive Payment System (1) EHR meaningful use incentive program (A) Sunsetting separate meaningful use payment adjustments Section 1848(a)(7)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(7)(A) (i) in clause (i), by striking or any subsequent payment year or 2017 (ii) in clause (ii)— (I) in the matter preceding subclause (I), by striking Subject to clause (iii), for For (II) in subclause (I), by adding at the end and (III) in subclause (II), by striking ; and (IV) by striking subclause (III); and (iii) by striking clause (iii). (B) Continuation of meaningful use determinations for MIPS Section 1848(o)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2) (i) in subparagraph (A), in the matter preceding clause (i)— (I) by striking For purposes of paragraph (1), an An (II) by inserting , or pursuant to subparagraph (D) for purposes of subsection (q), for a performance period under such subsection for a year under such subsection for a year (ii) by adding at the end the following new subparagraph: (D) Continued application for purposes of MIPS With respect to 2018 and each subsequent payment year, the Secretary shall, for purposes of subsection (q) and in accordance with paragraph (1)(F) of such subsection, determine whether an eligible professional who is a MIPS eligible professional (as defined in subsection (q)(1)(C)) for such year is a meaningful EHR user under this paragraph for the performance period under subsection (q) for such year. . (2) Quality reporting (A) Sunsetting separate quality reporting incentives Section 1848(a)(8)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(8)(A) (i) in clause (i), by striking or any subsequent year or 2017 (ii) in clause (ii)(II), by striking and each subsequent year (B) Continuation of quality measures and processes for MIPS Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (i) in subsection (k), by adding at the end the following new paragraph: (9) Continued application for purposes of MIPS and for certain professionals volunteering to report The Secretary shall, in accordance with subsection (q)(1)(F), carry out the provisions of this subsection— (A) for purposes of subsection (q); and (B) for eligible professionals who are not MIPS eligible professionals (as defined in subsection (q)(1)(C)) for the year involved. ; and (ii) in subsection (m)— (I) by redesignating paragraph (7) added by section 10327(a) of Public Law 111–148 (II) by adding at the end the following new paragraph: (9) Continued application for purposes of MIPS and for certain professionals volunteering to report The Secretary shall, in accordance with subsection (q)(1)(F), carry out the processes under this subsection— (A) for purposes of subsection (q); and (B) for eligible professionals who are not MIPS eligible professionals (as defined in subsection (q)(1)(C)) for the year involved. . (3) Value-based payments (A) Sunsetting separate value-based payments Clause (iii) of section 1848(p)(4)(B) of the Social Security Act ( 42 U.S.C. 1395w–4(p)(4)(B) (iii) Application The Secretary shall apply the payment modifier established under this subsection for items and services furnished on or after January 1, 2015, but before January 1, 2018, with respect to specific physicians and groups of physicians the Secretary determines appropriate. Such payment modifier shall not be applied for items and services furnished on or after January 1, 2018. . (B) Continuation of value-based payment modifier measures for MIPS Section 1848(p) of the Social Security Act ( 42 U.S.C. 1395w–4(p) (i) in paragraph (2), by adding at the end the following new subparagraph: (C) Continued application for purposes of MIPS The Secretary shall, in accordance with subsection (q)(1)(F), carry out subparagraph (B) for purposes of subsection (q). ; and (ii) in paragraph (3), by adding at the end the following: With respect to 2018 and each subsequent year, the Secretary shall, in accordance with subsection (q)(1)(F), carry out this paragraph for purposes of subsection (q). (c) Merit-Based Incentive Payment System (1) In general Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (q) Merit-Based Incentive Payment System (1) Establishment (A) In general Subject to the succeeding provisions of this subsection, the Secretary shall establish an eligible professional Merit-based Incentive Payment System (in this subsection referred to as the MIPS (i) develop a methodology for assessing the total performance of each MIPS eligible professional according to performance standards under paragraph (3) for a performance period (as established under paragraph (4)) for a year; (ii) using such methodology, provide for a composite performance score in accordance with paragraph (5) for each such professional for each performance period; and (iii) use such composite performance score of the MIPS eligible professional for a performance period for a year to determine and apply a MIPS adjustment factor (and, as applicable, an additional MIPS adjustment factor) under paragraph (6) to the professional for the year. (B) Program implementation The MIPS shall apply to payments for items and services furnished on or after January 1, 2018. (C) MIPS eligible professional defined (i) In general For purposes of this subsection, subject to clauses (ii) and (iv), the term MIPS eligible professional (I) for the first and second years for which the MIPS applies to payments (and for the performance period for such first and second year), a physician (as defined in section 1861(r)), a physician assistant, nurse practitioner, and clinical nurse specialist (as such terms are defined in section 1861(aa)(5)), and a certified registered nurse anesthetist (as defined in section 1861(bb)(2)) and a group that includes such professionals; and (II) for the third year for which the MIPS applies to payments (and for the performance period for such third year) and for each succeeding year (and for the performance period for each such year), the professionals described in subclause (I) and such other eligible professionals (as defined in subsection (k)(3)(B)) as specified by the Secretary and a group that includes such professionals. (ii) Exclusions For purposes of clause (i), the term MIPS eligible professional (I) is a qualifying APM participant (as defined in section 1833(z)(2)); (II) subject to clause (vii), is a partial qualifying APM participant (as defined in clause (iii)) for the most recent period for which data are available and who, for the performance period with respect to such year, does not report on applicable measures and activities described in paragraph (2)(B) that are required to be reported by such a professional under the MIPS; or (III) for the performance period with respect to such year, does not exceed the low-volume threshold measurement selected under clause (iv). (iii) Partial qualifying APM participant For purposes of this subparagraph, the term partial qualifying APM participant (I) with respect to 2018 and 2019, the reference in subparagraph (A) of such paragraph to 25 percent was instead a reference to 20 percent; (II) with respect to 2020 and 2021— (aa) the reference in subparagraph (B)(i) of such paragraph to 50 percent was instead a reference to 40 percent; and (bb) the references in subparagraph (B)(ii) of such paragraph to 50 percent and 25 percent of such paragraph were instead references to 40 percent and 20 percent, respectively; and (III) with respect to 2022 and subsequent years— (aa) the reference in subparagraph (C)(i) of such paragraph to 75 percent was instead a reference to 50 percent; and (bb) the references in subparagraph (C)(ii) of such paragraph to 75 percent and 25 percent of such paragraph were instead references to 50 percent and 20 percent, respectively. (iv) Selection of low-volume threshold measurement The Secretary shall select a low-volume threshold to apply for purposes of clause (ii)(III), which may include one or more or a combination of the following: (I) The minimum number (as determined by the Secretary) of individuals enrolled under this part who are treated by the eligible professional for the performance period involved. (II) The minimum number (as determined by the Secretary) of items and services furnished to individuals enrolled under this part by such professional for such performance period. (III) The minimum amount (as determined by the Secretary) of allowed charges billed by such professional under this part for such performance period. (v) Treatment of new Medicare enrolled eligible professionals In the case of a professional who first becomes a Medicare enrolled eligible professional during the performance period for a year (and had not previously submitted claims under this title such as a person, an entity, or a part of a physician group or under a different billing number or tax identifier), such professional shall not be treated under this subsection as a MIPS eligible professional until the subsequent year and performance period for such subsequent year. (vi) Clarification In the case of items and services furnished during a year by an individual who is not a MIPS eligible professional (including pursuant to clauses (ii) and (v)) with respect to a year, in no case shall a MIPS adjustment factor (or additional MIPS adjustment factor) under paragraph (6) apply to such individual for such year. (vii) Partial qualifying APM participant clarifications (I) Treatment as MIPS eligible professional In the case of an eligible professional who is a partial qualifying APM participant, with respect to a year, and who for the performance period for such year reports on applicable measures and activities described in paragraph (2)(B) that are required to be reported by such a professional under the MIPS, such eligible professional is considered to be a MIPS eligible professional with respect to such year. (II) Not eligible for qualifying APM participant payments In no case shall an eligible professional who is a partial qualifying APM participant, with respect to a year, be considered a qualifying APM participant (as defined in paragraph (2) of section 1833(z)) for such year or be eligible for the additional payment under paragraph (1) of such section for such year. (D) Application to group practices (i) In general Under the MIPS: (I) Quality performance category The Secretary shall establish and apply a process that includes features of the provisions of subsection (m)(3)(C) for MIPS eligible professionals in a group practice with respect to assessing performance of such group with respect to the performance category described in clause (i) of paragraph (2)(A). (II) Other performance categories The Secretary may establish and apply a process that includes features of the provisions of subsection (m)(3)(C) for MIPS eligible professionals in a group practice with respect to assessing the performance of such group with respect to the performance categories described in clauses (ii) through (iv) of such paragraph. (ii) Ensuring comprehensiveness of group practice assessment The process established under clause (i) shall to the extent practicable reflect the range of items and services furnished by the MIPS eligible professionals in the group practice involved. (iii) Clarification MIPS eligible professionals electing to be a virtual group under paragraph (5)(I) shall not be considered MIPS eligible professionals in a group practice for purposes of applying this subparagraph. (E) Use of registries Under the MIPS, the Secretary shall encourage the use of qualified clinical data registries pursuant to subsection (m)(3)(E) in carrying out this subsection. (F) Application of certain provisions In applying a provision of subsection (k), (m), (o), or (p) for purposes of this subsection, the Secretary shall— (i) adjust the application of such provision to ensure the provision is consistent with the provisions of this subsection; and (ii) not apply such provision to the extent that the provision is duplicative with a provision of this subsection. (G) Accounting for risk factors (i) Risk factors Taking into account the relevant studies conducted and recommendations made in reports under section 2(f)(1) of the SGR Repeal and Medicare Provider Payment Modernization Act of 2014, the Secretary, on an ongoing basis, shall estimate how an individual’s health status and other risk factors affect quality and resource use outcome measures and, as feasible, shall incorporate information from quality and resource use outcome measurement (including care episode and patient condition groups) into the MIPS. (ii) Accounting for other factors in payment adjustments Taking into account the studies conducted and recommendations made in reports under section 2(f)(1) of the SGR Repeal and Medicare Provider Payment Modernization Act of 2014 and other information as appropriate, the Secretary shall account for identified factors with an effect on quality and resource use outcome measures when determining payment adjustments, composite performance scores, scores for performance categories, or scores for measures or activities under the MIPS. (2) Measures and activities under performance categories (A) Performance categories Under the MIPS, the Secretary shall use the following performance categories (each of which is referred to in this subsection as a performance category) in determining the composite performance score under paragraph (5): (i) Quality. (ii) Resource use. (iii) Clinical practice improvement activities. (iv) Meaningful use of certified EHR technology. (B) Measures and activities specified for each category For purposes of paragraph (3)(A) and subject to subparagraph (C), measures and activities specified for a performance period (as established under paragraph (4)) for a year are as follows: (i) Quality For the performance category described in subparagraph (A)(i), the quality measures included in the final measures list published under subparagraph (D)(i) for such year and the list of quality measures described in subparagraph (D)(vi) used by qualified clinical data registries under subsection (m)(3)(E). (ii) Resource use For the performance category described in subparagraph (A)(ii), the measurement of resource use for such period under subsection (p)(3), using the methodology under subsection (r) as appropriate, and, as feasible and applicable, accounting for the cost of drugs under part D. (iii) Clinical practice improvement activities For the performance category described in subparagraph (A)(iii), clinical practice improvement activities (as defined in subparagraph (C)(v)(III)) under subcategories specified by the Secretary for such period, which shall include at least the following: (I) The subcategory of expanded practice access, which shall include activities such as same day appointments for urgent needs and after hours access to clinician advice. (II) The subcategory of population management, which shall include activities such as monitoring health conditions of individuals to provide timely health care interventions or participation in a qualified clinical data registry. (III) The subcategory of care coordination, which shall include activities such as timely communication of test results, timely exchange of clinical information to patients and other providers, and use of remote monitoring or telehealth. (IV) The subcategory of beneficiary engagement, which shall include activities such as the establishment of care plans for individuals with complex care needs, beneficiary self-management assessment and training, and using shared decision-making mechanisms. (V) The subcategory of patient safety and practice assessment, such as through use of clinical or surgical checklists and practice assessments related to maintaining certification. (VI) The subcategory of participation in an alternative payment model (as defined in section 1833(z)(3)(C)). In establishing activities under this clause, the Secretary shall give consideration to the circumstances of small practices (consisting of 15 or fewer professionals) and practices located in rural areas and in health professional shortage areas (as designated under section 332(a)(1)(A) of the Public Health Service Act). (iv) Meaningful EHR use For the performance category described in subparagraph (A)(iv), the requirements established for such period under subsection (o)(2) for determining whether an eligible professional is a meaningful EHR user. (C) Additional provisions (i) Emphasizing outcome measures under the quality performance category In applying subparagraph (B)(i), the Secretary shall, as feasible, emphasize the application of outcome measures. (ii) Application of additional system measures The Secretary may use measures used for a payment system other than for physicians, such as measures for inpatient hospitals, for purposes of the performance categories described in clauses (i) and (ii) of subparagraph (A). For purposes of the previous sentence, the Secretary may not use measures for hospital outpatient departments, except in the case of emergency physicians. (iii) Global and population-based measures The Secretary may use global measures, such as global outcome measures, and population-based measures for purposes of the performance category described in subparagraph (A)(i). (iv) Application of measures and activities to non-patient-facing professionals In carrying out this paragraph, with respect to measures and activities specified in subparagraph (B) for performance categories described in subparagraph (A), the Secretary— (I) shall give consideration to the circumstances of professional types (or subcategories of those types determined by practice characteristics) who typically furnish services that do not involve face-to-face interaction with a patient; and (II) may, to the extent feasible and appropriate, take into account such circumstances and apply under this subsection with respect to MIPS eligible professionals of such professional types or subcategories, alternative measures or activities that fulfill the goals of the applicable performance category. In carrying out the previous sentence, the Secretary shall consult with professionals of such professional types or subcategories. (v) Clinical practice improvement activities (I) Request for information In initially applying subparagraph (B)(iii), the Secretary shall use a request for information to solicit recommendations from stakeholders to identify activities described in such subparagraph and specifying criteria for such activities. (II) Contract authority for clinical practice improvement activities performance category In applying subparagraph (B)(iii), the Secretary may contract with entities to assist the Secretary in— (aa) identifying activities described in subparagraph (B)(iii); (bb) specifying criteria for such activities; and (cc) determining whether a MIPS eligible professional meets such criteria. (III) Clinical practice improvement activities defined For purposes of this subsection, the term clinical practice improvement activity (D) Annual list of quality measures available for MIPS assessment (i) In general Under the MIPS, the Secretary, through notice and comment rulemaking and subject to the succeeding clauses of this subparagraph, shall, with respect to the performance period for a year, establish an annual final list of quality measures from which MIPS eligible professionals may choose for purposes of assessment under this subsection for such performance period. Pursuant to the previous sentence, the Secretary shall— (I) not later than November 1 of the year prior to the first day of the first performance period under the MIPS, establish and publish in the Federal Register a final list of quality measures; and (II) not later than November 1 of the year prior to the first day of each subsequent performance period, update the final list of quality measures from the previous year (and publish such updated final list in the Federal Register), by— (aa) removing from such list, as appropriate, quality measures, which may include the removal of measures that are no longer meaningful (such as measures that are topped out); (bb) adding to such list, as appropriate, new quality measures; and (cc) determining whether or not quality measures on such list that have undergone substantive changes should be included in the updated list. (ii) Call for quality measures (I) In general Eligible professional organizations and other relevant stakeholders shall be requested to identify and submit quality measures to be considered for selection under this subparagraph in the annual list of quality measures published under clause (i) and to identify and submit updates to the measures on such list. For purposes of the previous sentence, measures may be submitted regardless of whether such measures were previously published in a proposed rule or endorsed by an entity with a contract under section 1890(a). (II) Eligible professional organization defined In this subparagraph, the term eligible professional organization (iii) Requirements In selecting quality measures for inclusion in the annual final list under clause (i), the Secretary shall— (I) provide that, to the extent practicable, all quality domains (as defined in subsection (s)(1)(B)) are addressed by such measures; and (II) ensure that such selection is consistent with the process for selection of measures under subsections (k), (m), and (p)(2). (iv) Peer review Before including a new measure or a measure described in clause (i)(II)(cc) in the final list of measures published under clause (i) for a year, the Secretary shall submit for publication in applicable specialty-appropriate peer-reviewed journals such measure and the method for developing and selecting such measure, including clinical and other data supporting such measure. (v) Measures for inclusion The final list of quality measures published under clause (i) shall include, as applicable, measures under subsections (k), (m), and (p)(2), including quality measures from among— (I) measures endorsed by a consensus-based entity; (II) measures developed under subsection (s); and (III) measures submitted under clause (ii)(I). Any measure selected for inclusion in such list that is not endorsed by a consensus-based entity shall have a focus that is evidence-based. (vi) Exception for qualified clinical data registry measures Measures used by a qualified clinical data registry under subsection (m)(3)(E) shall not be subject to the requirements under clauses (i), (iv), and (v). The Secretary shall publish the list of measures used by such qualified clinical data registries on the Internet website of the Centers for Medicare & Medicaid Services. (vii) Exception for existing quality measures Any quality measure specified by the Secretary under subsection (k) or (m), including under subsection (m)(3)(E), and any measure of quality of care established under subsection (p)(2) for the reporting period under the respective subsection beginning before the first performance period under the MIPS— (I) shall not be subject to the requirements under clause (i) (except under items (aa) and (cc) of subclause (II) of such clause) or to the requirement under clause (iv); and (II) shall be included in the final list of quality measures published under clause (i) unless removed under clause (i)(II)(aa). (viii) Consultation with relevant eligible professional organizations and other relevant stakeholders Relevant eligible professional organizations and other relevant stakeholders, including State and national medical societies, shall be consulted in carrying out this subparagraph. (ix) Optional application The process under section 1890A is not required to apply to the selection of measures under this subparagraph. (3) Performance standards (A) Establishment Under the MIPS, the Secretary shall establish performance standards with respect to measures and activities specified under paragraph (2)(B) for a performance period (as established under paragraph (4)) for a year. (B) Considerations in establishing standards In establishing such performance standards with respect to measures and activities specified under paragraph (2)(B), the Secretary shall consider the following: (i) Historical performance standards. (ii) Improvement. (iii) The opportunity for continued improvement. (4) Performance period The Secretary shall establish a performance period (or periods) for a year (beginning with the year described in paragraph (1)(B)). Such performance period (or periods) shall begin and end prior to the beginning of such year and be as close as possible to such year. In this subsection, such performance period (or periods) for a year shall be referred to as the performance period for the year. (5) Composite performance score (A) In general Subject to the succeeding provisions of this paragraph and taking into account, as available and applicable, paragraph (1)(G), the Secretary shall develop a methodology for assessing the total performance of each MIPS eligible professional according to performance standards under paragraph (3) with respect to applicable measures and activities specified in paragraph (2)(B) with respect to each performance category applicable to such professional for a performance period (as established under paragraph (4)) for a year. Using such methodology, the Secretary shall provide for a composite assessment (using a scoring scale of 0 to 100) for each such professional for the performance period for such year. In this subsection such a composite assessment for such a professional with respect to a performance period shall be referred to as the composite performance score (B) Incentive to report; encouraging use of certified EHR technology for reporting quality measures (i) Incentive to report Under the methodology established under subparagraph (A), the Secretary shall provide that in the case of a MIPS eligible professional who fails to report on an applicable measure or activity that is required to be reported by the professional, the professional shall be treated as achieving the lowest potential score applicable to such measure or activity. (ii) Encouraging use of certified EHR technology and qualified clinical data registries for reporting quality measures Under the methodology established under subparagraph (A), the Secretary shall— (I) encourage MIPS eligible professionals to report on applicable measures with respect to the performance category described in paragraph (2)(A)(i) through the use of certified EHR technology and qualified clinical data registries; and (II) with respect to a performance period, with respect to a year, for which a MIPS eligible professional reports such measures through the use of such EHR technology, treat such professional as satisfying the clinical quality measures reporting requirement described in subsection (o)(2)(A)(iii) for such year. (C) Clinical practice improvement activities performance score (i) Rule for accreditation A MIPS eligible professional who is in a practice that is certified as a patient-centered medical home or comparable specialty practice pursuant to subsection (b)(8)(B)(i) with respect to a performance period shall be given the highest potential score for the performance category described in paragraph (2)(A)(iii) for such period. (ii) APM participation Participation by a MIPS eligible professional in an alternative payment model (as defined in section 1833(z)(3)(C)) with respect to a performance period shall earn such eligible professional a minimum score of one-half of the highest potential score for the performance category described in paragraph (2)(A)(iii) for such performance period. (iii) Subcategories A MIPS eligible professional shall not be required to perform activities in each subcategory under paragraph (2)(B)(iii) or participate in an alternative payment model in order to achieve the highest potential score for the performance category described in paragraph (2)(A)(iii). (D) Achievement and improvement (i) Taking into account improvement Beginning with the second year to which the MIPS applies, in addition to the achievement of a MIPS eligible professional, if data sufficient to measure improvement is available, the methodology developed under subparagraph (A)— (I) in the case of the performance score for the performance category described in clauses (i) and (ii) of paragraph (2)(A), shall take into account the improvement of the professional; and (II) in the case of performance scores for other performance categories, may take into account the improvement of the professional. (ii) Assigning higher weight for achievement Beginning with the fourth year to which the MIPS applies, under the methodology developed under subparagraph (A), the Secretary may assign a higher scoring weight under subparagraph (F) with respect to the achievement of a MIPS eligible professional than with respect to any improvement of such professional applied under clause (i) with respect to a measure, activity, or category described in paragraph (2). (E) Weights for the performance categories (i) In general Under the methodology developed under subparagraph (A), subject to subparagraph (F)(i) and clauses (ii) and (iii), the composite performance score shall be determined as follows: (I) Quality (aa) In general Subject to item (bb), thirty percent of such score shall be based on performance with respect to the category described in clause (i) of paragraph (2)(A). In applying the previous sentence, the Secretary shall, as feasible, encourage the application of outcome measures within such category. (bb) First 2 years For the first and second years for which the MIPS applies to payments, the percentage applicable under item (aa) shall be increased in a manner such that the total percentage points of the increase under this item for the respective year equals the total number of percentage points by which the percentage applied under subclause (II)(bb) for the respective year is less than 30 percent. (II) Resource use (aa) In general Subject to item (bb), thirty percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). (bb) First 2 years For the first year for which the MIPS applies to payments, not more than 10 percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). For the second year for which the MIPS applies to payments, not more than 15 percent of such score shall be based on performance with respect to the category described in clause (ii) of paragraph (2)(A). (III) Clinical practice improvement activities Fifteen percent of such score shall be based on performance with respect to the category described in clause (iii) of paragraph (2)(A). (IV) Meaningful use of certified EHR technology Twenty-five percent of such score shall be based on performance with respect to the category described in clause (iv) of paragraph (2)(A). (ii) Authority to adjust percentages in case of high EHR meaningful use adoption In any year in which the Secretary estimates that the proportion of eligible professionals (as defined in subsection (o)(5)) who are meaningful EHR users (as determined under subsection (o)(2)) is 75 percent or greater, the Secretary may reduce the percent applicable under clause (i)(IV), but not below 15 percent. If the Secretary makes such reduction for a year, subject to subclauses (I)(bb) and (II)(bb) of clause (i), the percentages applicable under one or more of subclauses (I), (II), and (III) of clause (i) for such year shall be increased in a manner such that the total percentage points of the increase under this clause for such year equals the total number of percentage points reduced under the preceding sentence for such year. (F) Certain flexibility for weighting performance categories, measures, and activities Under the methodology under subparagraph (A), if there are not sufficient measures and clinical practice improvement activities applicable and available to each type of eligible professional involved, the Secretary shall assign different scoring weights (including a weight of 0)— (i) which may vary from the scoring weights specified in subparagraph (E), for each performance category based on the extent to which the category is applicable to the type of eligible professional involved; and (ii) for each measure and activity specified under paragraph (2)(B) with respect to each such category based on the extent to which the measure or activity is applicable and available to the type of eligible professional involved. (G) Resource use Analysis of the performance category described in paragraph (2)(A)(ii) shall include results from the methodology described in subsection (r)(5), as appropriate. (H) Inclusion of quality measure data from other payers In applying subsections (k), (m), and (p) with respect to measures described in paragraph (2)(B)(i), analysis of the performance category described in paragraph (2)(A)(i) may include data submitted by MIPS eligible professionals with respect to items and services furnished to individuals who are not individuals entitled to benefits under part A or enrolled under part B. (I) Use of voluntary virtual groups for certain assessment purposes (i) In general In the case of MIPS eligible professionals electing to be a virtual group under clause (ii) with respect to a performance period for a year, for purposes of applying the methodology under subparagraph (A)— (I) the assessment of performance provided under such methodology with respect to the performance categories described in clauses (i) and (ii) of paragraph (2)(A) that is to be applied to each such professional in such group for such performance period shall be with respect to the combined performance of all such professionals in such group for such period; and (II) the composite score provided under this paragraph for such performance period with respect to each such performance category for each such MIPS eligible professional in such virtual group shall be based on the assessment of the combined performance under subclause (I) for the performance category and performance period. (ii) Election of practices to be a virtual group The Secretary shall, in accordance with clause (iii), establish and have in place a process to allow an individual MIPS eligible professional or a group practice consisting of not more than 10 MIPS eligible professionals to elect, with respect to a performance period for a year, for such individual MIPS eligible professional or all such MIPS eligible professionals in such group practice, respectively, to be a virtual group under this subparagraph with at least one other such individual MIPS eligible professional or group practice making such an election. Such a virtual group may be based on geographic areas or on provider specialties defined by nationally recognized multispecialty boards of certification or equivalent certification boards and such other eligible professional groupings in order to capture classifications of providers across eligible professional organizations and other practice areas or categories. (iii) Requirements The process under clause (ii)— (I) shall provide that an election under such clause, with respect to a performance period, shall be made before or during the beginning of such performance period and may not be changed during such performance period; (II) shall provide that a practice described in such clause, and each MIPS eligible professional in such practice, may elect to be in no more than one virtual group for a performance period; and (III) may provide that a virtual group may be combined at the tax identification number level. (6) MIPS payments (A) MIPS adjustment factor Taking into account paragraph (1)(G), the Secretary shall specify a MIPS adjustment factor for each MIPS eligible professional for a year. Such MIPS adjustment factor for a MIPS eligible professional for a year shall be in the form of a percent and shall be determined— (i) by comparing the composite performance score of the eligible professional for such year to the performance threshold established under subparagraph (D)(i) for such year; (ii) in a manner such that the adjustment factors specified under this subparagraph for a year result in differential payments under this paragraph reflecting that— (I) MIPS eligible professionals with composite performance scores for such year at or above such performance threshold for such year receive zero or positive incentive payment adjustment factors for such year in accordance with clause (iii), with such professionals having higher composite performance scores receiving higher adjustment factors; and (II) MIPS eligible professionals with composite performance scores for such year below such performance threshold for such year receive negative payment adjustment factors for such year in accordance with clause (iv), with such professionals having lower composite performance scores receiving lower adjustment factors; (iii) in a manner such that MIPS eligible professionals with composite scores described in clause (ii)(I) for such year, subject to clauses (i) and (ii) of subparagraph (F), receive a zero or positive adjustment factor on a linear sliding scale such that an adjustment factor of 0 percent is assigned for a score at the performance threshold and an adjustment factor of the applicable percent specified in subparagraph (B) is assigned for a score of 100; and (iv) in a manner such that— (I) subject to subclause (II), MIPS eligible professionals with composite performance scores described in clause (ii)(II) for such year receive a negative payment adjustment factor on a linear sliding scale such that an adjustment factor of 0 percent is assigned for a score at the performance threshold and an adjustment factor of the negative of the applicable percent specified in subparagraph (B) is assigned for a score of 0; and (II) MIPS eligible professionals with composite performance scores that are equal to or greater than 0, but not greater than 1/4 (B) Applicable percent defined For purposes of this paragraph, the term applicable percent (i) for 2018, 4 percent; (ii) for 2019, 5 percent; (iii) for 2020, 7 percent; and (iv) for 2021 and subsequent years, 9 percent. (C) Additional MIPS adjustment factors for exceptional performance (i) In general In the case of a MIPS eligible professional with a composite performance score for a year at or above the additional performance threshold under subparagraph (D)(ii) for such year, in addition to the MIPS adjustment factor under subparagraph (A) for the eligible professional for such year, subject to the availability of funds under clause (ii), the Secretary shall specify an additional positive MIPS adjustment factor for such professional and year. Such additional MIPS adjustment factors shall be determined by the Secretary in a manner such that professionals having higher composite performance scores above the additional performance threshold receive higher additional MIPS adjustment factors. (ii) Additional funding pool For 2018 and each subsequent year through 2023, there is appropriated from the Federal Supplementary Medical Insurance Trust Fund $500,000,000 for MIPS payments under this paragraph resulting from the application of the additional MIPS adjustment factors under clause (i). (D) Establishment of performance thresholds (i) Performance threshold For each year of the MIPS, the Secretary shall compute a performance threshold with respect to which the composite performance score of MIPS eligible professionals shall be compared for purposes of determining adjustment factors under subparagraph (A) that are positive, negative, and zero. Such performance threshold for a year shall be the mean or median (as selected by the Secretary) of the composite performance scores for all MIPS eligible professionals with respect to a prior period specified by the Secretary. The Secretary may reassess the selection under the previous sentence every 3 years. (ii) Additional performance threshold for exceptional performance In addition to the performance threshold under clause (i), for each year of the MIPS, the Secretary shall compute an additional performance threshold for purposes of determining the additional MIPS adjustment factors under subparagraph (C)(i). For each such year, the Secretary shall apply either of the following methods for computing such additional performance threshold for such a year: (I) The threshold shall be the score that is equal to the 25th percentile of the range of possible composite performance scores above the performance threshold with respect to the prior period described in clause (i). (II) The threshold shall be the score that is equal to the 25th percentile of the actual composite performance scores for MIPS eligible professionals with composite performance scores at or above the performance threshold with respect to the prior period described in clause (i). (iii) Special rule for initial 2 years With respect to each of the first two years to which the MIPS applies, the Secretary shall, prior to the performance period for such years, establish a performance threshold for purposes of determining MIPS adjustment factors under subparagraph (A) and a threshold for purposes of determining additional MIPS adjustment factors under subparagraph (C)(i). Each such performance threshold shall— (I) be based on a period prior to such performance periods; and (II) take into account— (aa) data available with respect to performance on measures and activities that may be used under the performance categories under subparagraph (2)(B); and (bb) other factors determined appropriate by the Secretary. (E) Application of MIPS adjustment factors In the case of items and services furnished by a MIPS eligible professional during a year (beginning with 2018), the amount otherwise paid under this part with respect to such items and services and MIPS eligible professional for such year, shall be multiplied by— (i) 1, plus (ii) the sum of— (I) the MIPS adjustment factor determined under subparagraph (A) divided by 100, and (II) as applicable, the additional MIPS adjustment factor determined under subparagraph (C)(i) divided by 100. (F) Aggregate application of MIPS adjustment factors (i) Application of scaling factor (I) In general With respect to positive MIPS adjustment factors under subparagraph (A)(ii)(I) for eligible professionals whose composite performance score is above the performance threshold under subparagraph (D)(i) for such year, subject to subclause (II), the Secretary shall increase or decrease such adjustment factors by a scaling factor in order to ensure that the budget neutrality requirement of clause (ii) is met. (II) Scaling factor limit In no case may be the scaling factor applied under this clause exceed 3.0. (ii) Budget neutrality requirement (I) In general Subject to clause (iii), the Secretary shall ensure that the estimated amount described in subclause (II) for a year is equal to the estimated amount described in subclause (III) for such year. (II) Aggregate increases The amount described in this subclause is the estimated increase in the aggregate allowed charges resulting from the application of positive MIPS adjustment factors under subparagraph (A) (after application of the scaling factor described in clause (i)) to MIPS eligible professionals whose composite performance score for a year is above the performance threshold under subparagraph (D)(i) for such year. (III) Aggregate decreases The amount described in this subclause is the estimated decrease in the aggregate allowed charges resulting from the application of negative MIPS adjustment factors under subparagraph (A) to MIPS eligible professionals whose composite performance score for a year is below the performance threshold under subparagraph (D)(i) for such year. (iii) Exceptions (I) In the case that all MIPS eligible professionals receive composite performance scores for a year that are below the performance threshold under subparagraph (D)(i) for such year, the negative MIPS adjustment factors under subparagraph (A) shall apply with respect to such MIPS eligible professionals and the budget neutrality requirement of clause (ii) shall not apply for such year. (II) In the case that, with respect to a year, the application of clause (i) results in a scaling factor equal to the maximum scaling factor specified in clause (i)(II), such scaling factor shall apply and the budget neutrality requirement of clause (ii) shall not apply for such year. (iv) Additional incentive payment adjustments In specifying the MIPS additional adjustment factors under subparagraph (C)(i) for each applicable MIPS eligible professional for a year, the Secretary shall ensure that the estimated increase in payments under this part resulting from the application of such additional adjustment factors for MIPS eligible professionals in a year shall be equal (as estimated by the Secretary) to the additional funding pool amount for such year under subparagraph (C)(ii). (7) Announcement of result of adjustments Under the MIPS, the Secretary shall, not later than 30 days prior to January 1 of the year involved, make available to MIPS eligible professionals the MIPS adjustment factor (and, as applicable, the additional MIPS adjustment factor) under paragraph (6) applicable to the eligible professional for items and services furnished by the professional for such year. The Secretary may include such information in the confidential feedback under paragraph (12). (8) No effect in subsequent years The MIPS adjustment factors and additional MIPS adjustment factors under paragraph (6) shall apply only with respect to the year involved, and the Secretary shall not take into account such adjustment factors in making payments to a MIPS eligible professional under this part in a subsequent year. (9) Public reporting (A) In general The Secretary shall, in an easily understandable format, make available on the Physician Compare Internet website of the Centers for Medicare & Medicaid Services the following: (i) Information regarding the performance of MIPS eligible professionals under the MIPS, which— (I) shall include the composite score for each such MIPS eligible professional and the performance of each such MIPS eligible professional with respect to each performance category; and (II) may include the performance of each such MIPS eligible professional with respect to each measure or activity specified in paragraph (2)(B). (ii) The names of eligible professionals in eligible alternative payment models (as defined in section 1833(z)(3)(D)) and, to the extent feasible, the names of such eligible alternative payment models and performance of such models. (B) Disclosure The information made available under this paragraph shall indicate, where appropriate, that publicized information may not be representative of the eligible professional’s entire patient population, the variety of services furnished by the eligible professional, or the health conditions of individuals treated. (C) Opportunity to review and submit corrections The Secretary shall provide for an opportunity for a professional described in subparagraph (A) to review, and submit corrections for, the information to be made public with respect to the professional under such subparagraph prior to such information being made public. (D) Aggregate information The Secretary shall periodically post on the Physician Compare Internet website aggregate information on the MIPS, including the range of composite scores for all MIPS eligible professionals and the range of the performance of all MIPS eligible professionals with respect to each performance category. (10) Consultation The Secretary shall consult with stakeholders in carrying out the MIPS, including for the identification of measures and activities under paragraph (2)(B) and the methodologies developed under paragraphs (5)(A) and (6) and regarding the use of qualified clinical data registries. Such consultation shall include the use of a request for information or other mechanisms determined appropriate. (11) Technical assistance to small practices and practices in health professional shortage areas (A) In general The Secretary shall enter into contracts or agreements with appropriate entities (such as quality improvement organizations, regional extension centers (as described in section 3012(c) of the Public Health Service Act), or regional health collaboratives) to offer guidance and assistance to MIPS eligible professionals in practices of 15 or fewer professionals (with priority given to such practices located in rural areas, health professional shortage areas (as designated under in section 332(a)(1)(A) of such Act), and medically underserved areas, and practices with low composite scores) with respect to— (i) the performance categories described in clauses (i) through (iv) of paragraph (2)(A); or (ii) how to transition to the implementation of and participation in an alternative payment model as described in section 1833(z)(3)(C). (B) Funding for implementation (i) In general For purposes of implementing subparagraph (A), the Secretary shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund established under section 1841 to the Centers for Medicare & Medicaid Services Program Management Account of $40,000,000 for each of fiscal years 2015 through 2019. Amounts transferred under this subparagraph for a fiscal year shall be available until expended. (ii) Technical assistance Of the amounts transferred pursuant to clause (i) for each of fiscal years 2015 through 2019, not less than $10,000,000 shall be made available for each such year for technical assistance to small practices in health professional shortage areas (as so designated) and medically underserved areas. (12) Feedback and information to improve performance (A) Performance feedback (i) In general Beginning July 1, 2016, the Secretary— (I) shall make available timely (such as quarterly) confidential feedback to MIPS eligible professionals on the performance of such professionals with respect to the performance categories under clauses (i) and (ii) of paragraph (2)(A); and (II) may make available confidential feedback to each such professional on the performance of such professional with respect to the performance categories under clauses (iii) and (iv) of such paragraph. (ii) Mechanisms The Secretary may use one or more mechanisms to make feedback available under clause (i), which may include use of a web-based portal or other mechanisms determined appropriate by the Secretary. With respect to the performance category described in paragraph (2)(A)(i), feedback under this subparagraph shall, to the extent an eligible professional chooses to participate in a data registry for purposes of this subsection (including registries under subsections (k) and (m)), be provided based on performance on quality measures reported through the use of such registries. With respect to any other performance category described in paragraph (2)(A), the Secretary shall encourage provision of feedback through qualified clinical data registries as described in subsection (m)(3)(E)). (iii) Use of data For purposes of clause (i), the Secretary may use data, with respect to a MIPS eligible professional, from periods prior to the current performance period and may use rolling periods in order to make illustrative calculations about the performance of such professional. (iv) Disclosure exemption Feedback made available under this subparagraph shall be exempt from disclosure under section 552 of title 5, United States Code. (v) Receipt of information The Secretary may use the mechanisms established under clause (ii) to receive information from professionals, such as information with respect to this subsection. (B) Additional information (i) In general Beginning July 1, 2017, the Secretary shall make available to each MIPS eligible professional information, with respect to individuals who are patients of such MIPS eligible professional, about items and services for which payment is made under this title that are furnished to such individuals by other suppliers and providers of services, which may include information described in clause (ii). Such information may be made available under the previous sentence to such MIPS eligible professionals by mechanisms determined appropriate by the Secretary, which may include use of a web-based portal. Such information may be made available in accordance with the same or similar terms as data are made available to accountable care organizations participating in the shared savings program under section 1899, including a beneficiary opt-out. (ii) Type of information For purposes of clause (i), the information described in this clause, is the following: (I) With respect to selected items and services (as determined appropriate by the Secretary) for which payment is made under this title and that are furnished to individuals, who are patients of a MIPS eligible professional, by another supplier or provider of services during the most recent period for which data are available (such as the most recent three-month period), such as the name of such providers furnishing such items and services to such patients during such period, the types of such items and services so furnished, and the dates such items and services were so furnished. (II) Historical data, such as averages and other measures of the distribution if appropriate, of the total, and components of, allowed charges (and other figures as determined appropriate by the Secretary). (13) Review (A) Targeted review The Secretary shall establish a process under which a MIPS eligible professional may seek an informal review of the calculation of the MIPS adjustment factor applicable to such eligible professional under this subsection for a year. The results of a review conducted pursuant to the previous sentence shall not be taken into account for purposes of paragraph (6) with respect to a year (other than with respect to the calculation of such eligible professional’s MIPS adjustment factor for such year or additional MIPS adjustment factor for such year) after the factors determined in subparagraph (A) and subparagraph (C) of such paragraph have been determined for such year. (B) Limitation Except as provided for in subparagraph (A), there shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the following: (i) The methodology used to determine the amount of the MIPS adjustment factor under paragraph (6)(A) and the amount of the additional MIPS adjustment factor under paragraph (6)(C)(i) and the determination of such amounts. (ii) The establishment of the performance standards under paragraph (3) and the performance period under paragraph (4). (iii) The identification of measures and activities specified under paragraph (2)(B) and information made public or posted on the Physician Compare Internet website of the Centers for Medicare & Medicaid Services under paragraph (9). (iv) The methodology developed under paragraph (5) that is used to calculate performance scores and the calculation of such scores, including the weighting of measures and activities under such methodology. . (2) GAO reports (A) Evaluation of eligible professional MIPS Not later than October 1, 2019, and October 1, 2022, the Comptroller General of the United States shall submit to Congress a report evaluating the eligible professional Merit-based Incentive Payment System under subsection (q) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (i) examine the distribution of the composite performance scores and MIPS adjustment factors (and additional MIPS adjustment factors) for MIPS eligible professionals (as defined in subsection (q)(1)(c) of such section) under such program, and patterns relating to such scores and adjustment factors, including based on type of provider, practice size, geographic location, and patient mix; (ii) provide recommendations for improving such program; (iii) evaluate the impact of technical assistance funding under section 1848(q)(11) of the Social Security Act, as added by paragraph (1), on the ability of professionals to improve within such program or successfully transition to an alternative payment model (as defined in section 1833(z)(3) of the Social Security Act, as added by subsection (e)), with priority for such evaluation given to practices located in rural areas, health professional shortage areas (as designated in section 332(a)(1)(a) of the Public Health Service Act), and medically underserved areas; and (iv) provide recommendations for optimizing the use of such technical assistance funds. (B) Study to examine alignment of quality measures used in public and private programs (i) In general Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (I) compares the similarities and differences in the use of quality measures under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act, the Medicare Advantage program under part C of such title, selected State Medicaid programs under title XIX of such Act, and private payer arrangements; and (II) makes recommendations on how to reduce the administrative burden involved in applying such quality measures. (ii) Requirements The report under clause (i) shall— (I) consider those measures applicable to individuals entitled to, or enrolled for, benefits under such part A, or enrolled under such part B and individuals under the age of 65; and (II) focus on those measures that comprise the most significant component of the quality performance category of the eligible professional MIPS incentive program under subsection (q) of section 1848 of the Social Security Act (42 U.S.C. 1395w–4), as added by paragraph (1). (C) Study on role of independent risk managers Not later than January 1, 2016, the Comptroller General of the United States shall submit to Congress a report examining whether entities that pool financial risk for physician practices, such as independent risk managers, can play a role in supporting physician practices, particularly small physician practices, in assuming financial risk for the treatment of patients. Such report shall examine barriers that small physician practices currently face in assuming financial risk for treating patients, the types of risk management entities that could assist physician practices in participating in two-sided risk payment models, and how such entities could assist with risk management and with quality improvement activities. Such report shall also include an analysis of any existing legal barriers to such arrangements. (D) Study to examine rural and health professional shortage area alternative payment models Not later than October 1, 2020, and October 1, 2022, the Comptroller General of the United States shall submit to Congress a report that examines the transition of professionals in rural areas, health professional shortage areas (as designated in section 332(a)(1)(A) of the Public Health Service Act), or medically underserved areas to an alternative payment model (as defined in section 1833(z)(3) of the Social Security Act, as added by subsection (e)). Such report shall make recommendations for removing administrative barriers to practices, including small practices consisting of 15 or fewer professionals, in rural areas, health professional shortage areas, and medically underserved areas to participation in such models. (3) Funding for implementation For purposes of implementing the provisions of and the amendments made by this section, the Secretary of Health and Human Services shall provide for the transfer of $80,000,000 from the Supplementary Medical Insurance Trust Fund established under section 1841 of the Social Security Act (42 U.S.C. 1395t) to the Centers for Medicare & Medicaid Program Management Account for each of the fiscal years 2014 through 2018. Amounts transferred under this paragraph shall be available until expended. (d) Improving quality reporting for composite scores (1) Changes for group reporting option (A) In general Section 1848(m)(3)(C)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(C)(ii) and, for 2015 and subsequent years, may provide shall provide (B) Clarification of qualified clinical data registry reporting to group practices Section 1848(m)(3)(D) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(D) and, for 2015 and subsequent years, subparagraph (A) or (C) subparagraph (A) (2) Changes for multiple reporting periods and alternative criteria for satisfactory reporting Section 1848(m)(5)(F) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(5)(F) (A) by striking and subsequent years through reporting periods occurring in 2014 (B) by inserting and, for reporting periods occurring in 2015 and subsequent years, the Secretary may establish shall establish (3) Physician feedback program reports succeeded by reports under MIPS Section 1848(n) of the Social Security Act ( 42 U.S.C. 1395w–4(n) (11) Reports ending with 2016 Reports under the Program shall not be provided after December 31, 2016. See subsection (q)(12) for reports under the eligible professionals Merit-based Incentive Payment System. . (4) Coordination with satisfying meaningful EHR use clinical quality measure reporting requirement Section 1848(o)(2)(A)(iii) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2)(A)(iii) and subsection (q)(5)(B)(ii)(II) Subject to subparagraph (B)(ii) (e) Promoting alternative payment models (1) Increasing transparency of physician focused payment models Section 1868 of the Social Security Act ( 42 U.S.C. 1395ee (c) Physician focused payment models (1) Technical advisory committee (A) Establishment There is established an ad hoc committee to be known as the Payment Model Technical Advisory Committee Committee (B) Membership (i) Number and appointment The Committee shall be composed of 11 members appointed by the Comptroller General of the United States. (ii) Qualifications The membership of the Committee shall include individuals with national recognition for their expertise in payment models and related delivery of care. No more than 5 members of the Committee shall be providers of services or suppliers, or representatives of providers of services or suppliers. (iii) Prohibition on federal employment A member of the Committee shall not be an employee of the Federal Government. (iv) Ethics disclosure The Comptroller General shall establish a system for public disclosure by members of the Committee of financial and other potential conflicts of interest relating to such members. Members of the Committee shall be treated as employees of Congress for purposes of applying title I of the Ethics in Government Act of 1978 ( Public Law 95–521 (v) Date of initial appointments The initial appointments of members of the Committee shall be made by not later than 180 days after the date of enactment of this subsection. (C) Term; vacancies (i) Term The terms of members of the Committee shall be for 3 years except that the Comptroller General shall designate staggered terms for the members first appointed. (ii) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Committee shall be filled in the manner in which the original appointment was made. (D) Duties The Committee shall meet, as needed, to provide comments and recommendations to the Secretary, as described in paragraph (2)(C), on physician-focused payment models. (E) Compensation of members (i) In general Except as provided in clause (ii), a member of the Committee shall serve without compensation. (ii) Travel expenses A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 (F) Operational and technical support (i) In general The Assistant Secretary for Planning and Evaluation shall provide technical and operational support for the Committee, which may be by use of a contractor. The Office of the Actuary of the Centers for Medicare & Medicaid Services shall provide to the Committee actuarial assistance as needed. (ii) Funding The Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, such amounts as are necessary to carry out clause (i) (not to exceed $5,000,000) for fiscal year 2014 and each subsequent fiscal year. Any amounts transferred under the preceding sentence for a fiscal year shall remain available until expended. (G) Application Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. (2) Criteria and process for submission and review of physician-focused payment models (A) Criteria for assessing physician-focused payment models (i) Rulemaking Not later than November 1, 2015, the Secretary shall, through notice and comment rulemaking, following a request for information, establish criteria for physician-focused payment models, including models for specialist physicians, that could be used by the Committee for making comments and recommendations pursuant to paragraph (1)(D). (ii) MedPAC submission of comments During the comment period for the proposed rule described in clause (i), the Medicare Payment Advisory Commission may submit comments to the Secretary on the proposed criteria under such clause. (iii) Updating The Secretary may update the criteria established under this subparagraph through rulemaking. (B) Stakeholder submission of physician focused payment models On an ongoing basis, individuals and stakeholder entities may submit to the Committee proposals for physician-focused payment models that such individuals and entities believe meet the criteria described in subparagraph (A). (C) TAC review of models submitted The Committee shall, on a periodic basis, review models submitted under subparagraph (B), prepare comments and recommendations regarding whether such models meet the criteria described in subparagraph (A), and submit such comments and recommendations to the Secretary. (D) Secretary review and response The Secretary shall review the comments and recommendations submitted by the Committee under subparagraph (C) and post a detailed response to such comments and recommendations on the Internet Website of the Centers for Medicare & Medicaid Services. (3) Rule of construction Nothing in this subsection shall be construed to impact the development or testing of models under this title or titles XI, XIX, or XXI. . (2) Incentive payments for participation in eligible alternative payment models Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (z) Incentive payments for participation in eligible alternative payment models (1) Payment incentive (A) In general In the case of covered professional services furnished by an eligible professional during a year that is in the period beginning with 2018 and ending with 2023 and for which the professional is a qualifying APM participant, in addition to the amount of payment that would otherwise be made for such covered professional services under this part for such year, there also shall be paid to such professional an amount equal to 5 percent of the payment amount for the covered professional services under this part for the preceding year. For purposes of the previous sentence, the payment amount for the preceding year may be an estimation for the full preceding year based on a period of such preceding year that is less than the full year. The Secretary shall establish policies to implement this subparagraph in cases where payment for covered professional services furnished by a qualifying APM participant in an alternative payment model is made to an entity participating in the alternative payment model rather than directly to the qualifying APM participant. (B) Form of payment Payments under this subsection shall be made in a lump sum, on an annual basis, as soon as practicable. (C) Treatment of payment incentive Payments under this subsection shall not be taken into account for purposes of determining actual expenditures under an alternative payment model and for purposes of determining or rebasing any benchmarks used under the alternative payment model. (D) Coordination The amount of the additional payment for an item or service under this subsection or subsection (m) shall be determined without regard to any additional payment for the item or service under subsection (m) and this subsection, respectively. The amount of the additional payment for an item or service under this subsection or subsection (x) shall be determined without regard to any additional payment for the item or service under subsection (x) and this subsection, respectively. The amount of the additional payment for an item or service under this subsection or subsection (y) shall be determined without regard to any additional payment for the item or service under subsection (y) and this subsection, respectively. (2) Qualifying APM participant For purposes of this subsection, the term qualifying APM participant (A) 2018 and 2019 With respect to 2018 and 2019, an eligible professional for whom the Secretary determines that at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (B) 2020 and 2021 With respect to 2020 and 2021, an eligible professional described in either of the following clauses: (i) Medicare revenue threshold option An eligible professional for whom the Secretary determines that at least 50 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (ii) Combination all-payer and Medicare revenue threshold option An eligible professional— (I) for whom the Secretary determines, with respect to items and services furnished by such professional during the most recent period for which data are available (which may be less than a year), that at least 50 percent of the sum of— (aa) payments described in clause (i); and (bb) all other payments, regardless of payer (other than payments made by the Secretary of Defense or the Secretary of Veterans Affairs under chapter 55 meet the requirement described in clause (iii)(I) with respect to payments described in item (aa) and meet the requirement described in clause (iii)(II) with respect to payments described in item (bb); (II) for whom the Secretary determines at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services; and (III) who provides to the Secretary such information as is necessary for the Secretary to make a determination under subclause (I), with respect to such professional. (iii) Requirement For purposes of clause (ii)(I)— (I) the requirement described in this subclause, with respect to payments described in item (aa) of such clause, is that such payments are made under an eligible alternative payment model; and (II) the requirement described in this subclause, with respect to payments described in item (bb) of such clause, is that such payments are made under an arrangement in which— (aa) quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i) apply; (bb) certified EHR technology is used; and (cc) the eligible professional (AA) bears more than nominal financial risk if actual aggregate expenditures exceeds expected aggregate expenditures; or (BB) is a medical home (with respect to beneficiaries under title XIX) that meets criteria comparable to medical homes expanded under section 1115A(c). (C) Beginning in 2022 With respect to 2022 and each subsequent year, an eligible professional described in either of the following clauses: (i) Medicare revenue threshold option An eligible professional for whom the Secretary determines that at least 75 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services. (ii) Combination all-payer and Medicare revenue threshold option An eligible professional— (I) for whom the Secretary determines, with respect to items and services furnished by such professional during the most recent period for which data are available (which may be less than a year), that at least 75 percent of the sum of— (aa) payments described in clause (i); and (bb) all other payments, regardless of payer (other than payments made by the Secretary of Defense or the Secretary of Veterans Affairs under chapter 55 meet the requirement described in clause (iii)(I) with respect to payments described in item (aa) and meet the requirement described in clause (iii)(II) with respect to payments described in item (bb); (II) for whom the Secretary determines at least 25 percent of payments under this part for covered professional services furnished by such professional during the most recent period for which data are available (which may be less than a year) were attributable to such services furnished under this part through an entity that participates in an eligible alternative payment model with respect to such services; and (III) who provides to the Secretary such information as is necessary for the Secretary to make a determination under subclause (I), with respect to such professional. (iii) Requirement For purposes of clause (ii)(I)— (I) the requirement described in this subclause, with respect to payments described in item (aa) of such clause, is that such payments are made under an eligible alternative payment model; and (II) the requirement described in this subclause, with respect to payments described in item (bb) of such clause, is that such payments are made under an arrangement in which— (aa) quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i) apply; (bb) certified EHR technology is used; and (cc) the eligible professional (AA) bears more than nominal financial risk if actual aggregate expenditures exceeds expected aggregate expenditures; or (BB) is a medical home (with respect to beneficiaries under title XIX) that meets criteria comparable to medical homes expanded under section 1115A(c). (3) Additional definitions In this subsection: (A) Covered professional services The term covered professional services (B) Eligible professional The term eligible professional (C) Alternative payment model (APM) The term alternative payment model (i) A model under section 1115A (other than a health care innovation award). (ii) The shared savings program under section 1899. (iii) A demonstration under section 1866C. (iv) A demonstration required by Federal law. (D) Eligible alternative payment model (APM) (i) In general The term eligible alternative payment model (I) that requires use of certified EHR technology (as defined in subsection (o)(4)); (II) that provides for payment for covered professional services based on quality measures comparable to measures under the performance category described in section 1848(q)(2)(B)(i); and (III) that satisfies the requirement described in clause (ii). (ii) Additional requirement For purposes of clause (i)(III), the requirement described in this clause, with respect to a year and an alternative payment model, is that the alternative payment model— (I) is one in which one or more entities bear financial risk for monetary losses under such model that are in excess of a nominal amount; or (II) is a medical home expanded under section 1115A(c). (4) Limitation There shall be no administrative or judicial review under section 1869, 1878, or otherwise, of the following: (A) The determination that an eligible professional is a qualifying APM participant under paragraph (2) and the determination that an alternative payment model is an eligible alternative payment model under paragraph (3)(D). (B) The determination of the amount of the 5 percent payment incentive under paragraph (1)(A), including any estimation as part of such determination. . (3) Coordination conforming amendments Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (A) in subsection (x)(3), by adding at the end the following new sentence: The amount of the additional payment for a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the service under subsection (z) and this subsection, respectively. (B) in subsection (y)(3), by adding at the end the following new sentence: The amount of the additional payment for a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the service under subsection (z) and this subsection, respectively. (4) Encouraging development and testing of certain models Section 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) (A) in subparagraph (B), by adding at the end the following new clauses: (xxi) Focusing primarily on physicians’ services (as defined in section 1848(j)(3)) furnished by physicians who are not primary care practitioners. (xxii) Focusing on practices of 15 or fewer professionals. (xxiii) Focusing on risk-based models for small physician practices which may involve two-sided risk and prospective patient assignment, and which examine risk-adjusted decreases in mortality rates, hospital readmissions rates, and other relevant and appropriate clinical measures. (xxiv) Focusing primarily on title XIX, working in conjunction with the Center for Medicaid and CHIP Services. ; and (B) in subparagraph (C)(viii), by striking other public sector or private sector payers other public sector payers, private sector payers, or Statewide payment models (5) Construction regarding telehealth services Nothing in the provisions of, or amendments made by, this Act shall be construed as precluding an alternative payment model or a qualifying APM participant (as those terms are defined in section 1833(z) of the Social Security Act, as added by paragraph (1)) from furnishing a telehealth service for which payment is not made under section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)). (6) Integrating Medicare Advantage alternative payment models Not later than July 1, 2015, the Secretary of Health and Human Services shall submit to Congress a study that examines the feasibility of integrating alternative payment models in the Medicare Advantage payment system. The study shall include the feasibility of including a value-based modifier and whether such modifier should be budget neutral. (7) Study and report on fraud related to alternative payment models under the Medicare program (A) Study The Secretary of Health and Human Services, in consultation with the Inspector General of the Department of Health and Human Services, shall conduct a study that— (i) examines the applicability of the Federal fraud prevention laws to items and services furnished under title XVIII of the Social Security Act for which payment is made under an alternative payment model (as defined in section 1833(z)(3)(C) of such Act ( 42 U.S.C. 1395l(z)(3)(C) (ii) identifies aspects of such alternative payment models that are vulnerable to fraudulent activity; and (iii) examines the implications of waivers to such laws granted in support of such alternative payment models, including under any potential expansion of such models. (B) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing the results of the study conducted under subparagraph (A). Such report shall include recommendations for actions to be taken to reduce the vulnerability of such alternative payment models to fraudulent activity. Such report also shall include, as appropriate, recommendations of the Inspector General for changes in Federal fraud prevention laws to reduce such vulnerability. (f) Improving payment accuracy (1) Studies and reports of effect of certain information on quality and resource use (A) Study using existing Medicare data (i) Study The Secretary of Health and Human Services (in this subsection referred to as the Secretary (ii) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under clause (i). (B) Study using other data (i) Study The Secretary shall conduct a study that examines the impact of risk factors, such as those described in section 1848(p)(3) of the Social Security Act (42 U.S.C. 1395w–4(p)(3)), race, health literacy, limited English proficiency (LEP), and patient activation, on quality and resource use outcome measures under the Medicare program (such as to recognize that less healthy individuals may require more intensive interventions). In conducting such study the Secretary may use existing Federal data and collect such additional data as may be necessary to complete the study. (ii) Report Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under clause (i). (C) Examination of data in conducting studies In conducting the studies under subparagraphs (A) and (B), the Secretary shall examine what non-Medicare data sets, such as data from the American Community Survey (ACS), can be useful in conducting the types of studies under such paragraphs and how such data sets that are identified as useful can be coordinated with Medicare administrative data in order to improve the overall data set available to do such studies and for the administration of the Medicare program. (D) Recommendations to account for information in payment adjustment mechanisms If the studies conducted under subparagraphs (A) and (B) find a relationship between the factors examined in the studies and quality and resource use outcome measures, then the Secretary shall also provide recommendations for how the Centers for Medicare & Medicaid Services should— (i) obtain access to the necessary data (if such data is not already being collected) on such factors, including recommendations on how to address barriers to the Centers in accessing such data; and (ii) account for such factors in determining payment adjustments based on quality and resource use outcome measures under the eligible professional Merit-based Incentive Payment System under section 1848(q) of the Social Security Act (42 U.S.C. 1395w–4(q)) and, as the Secretary determines appropriate, other similar provisions of title XVIII of such Act. (E) Funding There are hereby appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act to the Secretary to carry out this paragraph $6,000,000, to remain available until expended. (2) CMS activities (A) Hierarchal Condition Category (HCC) improvement Taking into account the relevant studies conducted and recommendations made in reports under paragraph (1), the Secretary, on an ongoing basis, shall, as the Secretary determines appropriate, estimate how an individual’s health status and other risk factors affect quality and resource use outcome measures and, as feasible, shall incorporate information from quality and resource use outcome measurement (including care episode and patient condition groups) into provisions of title XVIII of the Social Security Act that are similar to the eligible professional Merit-based Incentive Payment System under section 1848(q) of such Act. (B) Accounting for other factors in payment adjustment mechanisms (i) In general Taking into account the studies conducted and recommendations made in reports under paragraph (1) and other information as appropriate, the Secretary shall, as the Secretary determines appropriate, account for identified factors with an effect on quality and resource use outcome measures when determining payment adjustment mechanisms under provisions of title XVIII of the Social Security Act that are similar to the eligible professional Merit-based Incentive Payment System under section 1848(q) of such Act. (ii) Accessing data The Secretary shall collect or otherwise obtain access to the data necessary to carry out this paragraph through existing and new data sources. (iii) Periodic analyses The Secretary shall carry out periodic analyses, at least every 3 years, based on the factors referred to in clause (i) so as to monitor changes in possible relationships. (C) Funding There are hereby appropriated from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act to the Secretary to carry out this paragraph and the application of this paragraph to the Merit-based Incentive Payment System under section 1848(q) of such Act $10,000,000, to remain available until expended. (3) Strategic plan for accessing race and ethnicity data Not later than 18 months after the date of the enactment of this Act, the Secretary shall develop and report to Congress on a strategic plan for collecting or otherwise accessing data on race and ethnicity for purposes of carrying out the eligible professional Merit-based Incentive Payment System under section 1848(q) of the Social Security Act and, as the Secretary determines appropriate, other similar provisions of title XVIII of such Act. (g) Collaborating with the physician, practitioner, and other stakeholder communities To improve resource use measurement Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (r) Collaborating with the physician, practitioner, and other stakeholder communities To improve resource use measurement (1) In general In order to involve the physician, practitioner, and other stakeholder communities in enhancing the infrastructure for resource use measurement, including for purposes of the value-based performance incentive program under subsection (q) and alternative payment models under section 1833(z), the Secretary shall undertake the steps described in the succeeding provisions of this subsection. (2) Development of care episode and patient condition groups and classification codes (A) In general In order to classify similar patients into care episode groups and patient condition groups, the Secretary shall undertake the steps described in the succeeding provisions of this paragraph. (B) Public availability of existing efforts to design an episode grouper Not later than 120 days after the date of the enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a list of the episode groups developed pursuant to subsection (n)(9)(A) and related descriptive information. (C) Stakeholder input The Secretary shall accept, through the date that is 60 days after the day the Secretary posts the list pursuant to subparagraph (B), suggestions from physician specialty societies, applicable practitioner organizations, and other stakeholders for episode groups in addition to those posted pursuant to such subparagraph, and specific clinical criteria and patient characteristics to classify patients into— (i) care episode groups; and (ii) patient condition groups. (D) Development of proposed classification codes (i) In general Taking into account the information described in subparagraph (B) and the information received under subparagraph (C), the Secretary shall— (I) establish care episode groups and patient condition groups, which account for a target of an estimated 2/3 (II) assign codes to such groups. (ii) Care episode groups In establishing the care episode groups under clause (i), the Secretary shall take into account— (I) the patient’s clinical problems at the time items and services are furnished during an episode of care, such as the clinical conditions or diagnoses, whether or not inpatient hospitalization is anticipated or occurs, and the principal procedures or services planned or furnished; and (II) other factors determined appropriate by the Secretary. (iii) Patient condition groups In establishing the patient condition groups under clause (i), the Secretary shall take into account— (I) the patient’s clinical history at the time of each medical visit, such as the patient’s combination of chronic conditions, current health status, and recent significant history (such as hospitalization and major surgery during a previous period, such as 3 months); and (II) other factors determined appropriate by the Secretary, such as eligibility status under this title (including eligibility under section 226(a), 226(b), or 226A, and dual eligibility under this title and title XIX). (E) Draft care episode and patient condition groups and classification codes Not later than 180 days after the end of the comment period described in subparagraph (C), the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of the care episode and patient condition codes established under subparagraph (D) (and the criteria and characteristics assigned to such code). (F) Solicitation of input The Secretary shall seek, through the date that is 60 days after the Secretary posts the list pursuant to subparagraph (E), comments from physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the care episode and patient condition groups (and codes) posted under subparagraph (E). In seeking such comments, the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include use of open door forums, town hall meetings, or other appropriate mechanisms. (G) Operational list of care episode and patient condition groups and codes Not later than 180 days after the end of the comment period described in subparagraph (F), taking into account the comments received under such subparagraph, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of care episode and patient condition codes (and the criteria and characteristics assigned to such code). (H) Subsequent revisions Not later than November 1 of each year (beginning with 2017), the Secretary shall, through rulemaking, make revisions to the operational lists of care episode and patient condition codes as the Secretary determines may be appropriate. Such revisions may be based on experience, new information developed pursuant to subsection (n)(9)(A), and input from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part. (3) Attribution of patients to physicians or practitioners (A) In general In order to facilitate the attribution of patients and episodes (in whole or in part) to one or more physicians or applicable practitioners furnishing items and services, the Secretary shall undertake the steps described in the succeeding provisions of this paragraph. (B) Development of patient relationship categories and codes The Secretary shall develop patient relationship categories and codes that define and distinguish the relationship and responsibility of a physician or applicable practitioner with a patient at the time of furnishing an item or service. Such patient relationship categories shall include different relationships of the physician or applicable practitioner to the patient (and the codes may reflect combinations of such categories), such as a physician or applicable practitioner who— (i) considers themself to have the primary responsibility for the general and ongoing care for the patient over extended periods of time; (ii) considers themself to be the lead physician or practitioner and who furnishes items and services and coordinates care furnished by other physicians or practitioners for the patient during an acute episode; (iii) furnishes items and services to the patient on a continuing basis during an acute episode of care, but in a supportive rather than a lead role; (iv) furnishes items and services to the patient on an occasional basis, usually at the request of another physician or practitioner; or (v) furnishes items and services only as ordered by another physician or practitioner. (C) Draft list of patient relationship categories and codes Not later than 270 days after the date of the enactment of this subsection, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a draft list of the patient relationship categories and codes developed under subparagraph (B). (D) Stakeholder Input The Secretary shall seek, through the date that is 60 days after the Secretary posts the list pursuant to subparagraph (C), comments from physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the patient relationship categories and codes posted under subparagraph (C). In seeking such comments, the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include open door forums, town hall meetings, or other appropriate mechanisms. (E) Operational list of patient relationship categories and codes Not later than 180 days after the end of the comment period described in subparagraph (D), taking into account the comments received under such subparagraph, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services an operational list of patient relationship categories and codes. (F) Subsequent revisions Not later than November 1 of each year (beginning with 2017), the Secretary shall, through rulemaking, make revisions to the operational list of patient relationship categories and codes as the Secretary determines appropriate. Such revisions may be based on experience, new information developed pursuant to subsection (n)(9)(A), and input from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part. (4) Reporting of information for resource use measurement Claims submitted for items and services furnished by a physician or applicable practitioner on or after January 1, 2017, shall, as determined appropriate by the Secretary, include— (A) applicable codes established under paragraphs (2) and (3); and (B) the national provider identifier of the ordering physician or applicable practitioner (if different from the billing physician or applicable practitioner). (5) Methodology for resource use analysis (A) In general In order to evaluate the resources used to treat patients (with respect to care episode and patient condition groups), the Secretary shall— (i) use the patient relationship codes reported on claims pursuant to paragraph (4) to attribute patients (in whole or in part) to one or more physicians and applicable practitioners; (ii) use the care episode and patient condition codes reported on claims pursuant to paragraph (4) as a basis to compare similar patients and care episodes and patient condition groups; and (iii) conduct an analysis of resource use (with respect to care episodes and patient condition groups of such patients), as the Secretary determines appropriate. (B) Analysis of patients of physicians and practitioners In conducting the analysis described in subparagraph (A)(iii) with respect to patients attributed to physicians and applicable practitioners, the Secretary shall, as feasible— (i) use the claims data experience of such patients by patient condition codes during a common period, such as 12 months; and (ii) use the claims data experience of such patients by care episode codes— (I) in the case of episodes without a hospitalization, during periods of time (such as the number of days) determined appropriate by the Secretary; and (II) in the case of episodes with a hospitalization, during periods of time (such as the number of days) before, during, and after the hospitalization. (C) Measurement of resource use In measuring such resource use, the Secretary— (i) shall use per patient total allowed charges for all services under part A and this part (and, if the Secretary determines appropriate, part D) for the analysis of patient resource use, by care episode codes and by patient condition codes; and (ii) may, as determined appropriate, use other measures of allowed charges (such as subtotals for categories of items and services) and measures of utilization of items and services (such as frequency of specific items and services and the ratio of specific items and services among attributed patients or episodes). (D) Stakeholder Input The Secretary shall seek comments from the physician specialty societies, applicable practitioner organizations, and other stakeholders, including representatives of individuals entitled to benefits under part A or enrolled under this part, regarding the resource use methodology established pursuant to this paragraph. In seeking comments the Secretary shall use one or more mechanisms (other than notice and comment rulemaking) that may include open door forums, town hall meetings, or other appropriate mechanisms. (6) Implementation To the extent that the Secretary contracts with an entity to carry out any part of the provisions of this subsection, the Secretary may not contract with an entity or an entity with a subcontract if the entity or subcontracting entity currently makes recommendations to the Secretary on relative values for services under the fee schedule for physicians’ services under this section. (7) Limitation There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of— (A) care episode and patient condition groups and codes established under paragraph (2); (B) patient relationship categories and codes established under paragraph (3); and (C) measurement of, and analyses of resource use with respect to, care episode and patient condition codes and patient relationship codes pursuant to paragraph (5). (8) Administration Chapter 35 (9) Definitions In this section: (A) Physician The term physician (B) Applicable practitioner The term applicable practitioner (i) a physician assistant, nurse practitioner, and clinical nurse specialist (as such terms are defined in section 1861(aa)(5)), and a certified registered nurse anesthetist (as defined in section 1861(bb)(2)); and (ii) beginning January 1, 2018, such other eligible professionals (as defined in subsection (k)(3)(B)) as specified by the Secretary. (10) Clarification The provisions of sections 1890(b)(7) and 1890A shall not apply to this subsection. . 3. Priorities and funding for measure development Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (s) Priorities and funding for measure development (1) Plan identifying measure development priorities and timelines (A) Draft measure development plan Not later than January 1, 2015, the Secretary shall develop, and post on the Internet website of the Centers for Medicare & Medicaid Services, a draft plan for the development of quality measures for application under the applicable provisions (as defined in paragraph (5)). Under such plan the Secretary shall— (i) address how measures used by private payers and integrated delivery systems could be incorporated under title XVIII; (ii) describe how coordination, to the extent possible, will occur across organizations developing such measures; and (iii) take into account how clinical best practices and clinical practice guidelines should be used in the development of quality measures. (B) Quality domains For purposes of this subsection, the term quality domains (i) Clinical care. (ii) Safety. (iii) Care coordination. (iv) Patient and caregiver experience. (v) Population health and prevention. (C) Consideration In developing the draft plan under this paragraph, the Secretary shall consider— (i) gap analyses conducted by the entity with a contract under section 1890(a) or other contractors or entities; (ii) whether measures are applicable across health care settings; (iii) clinical practice improvement activities submitted under subsection (q)(2)(C)(iv) for identifying possible areas for future measure development and identifying existing gaps with respect to such measures; and (iv) the quality domains applied under this subsection. (D) Priorities In developing the draft plan under this paragraph, the Secretary shall give priority to the following types of measures: (i) Outcome measures, including patient reported outcome and functional status measures. (ii) Patient experience measures. (iii) Care coordination measures. (iv) Measures of appropriate use of services, including measures of over use. (E) Stakeholder input The Secretary shall accept through March 1, 2015, comments on the draft plan posted under paragraph (1)(A) from the public, including health care providers, payers, consumers, and other stakeholders. (F) Final measure development plan Not later than May 1, 2015, taking into account the comments received under this subparagraph, the Secretary shall finalize the plan and post on the Internet website of the Centers for Medicare & Medicaid Services an operational plan for the development of quality measures for use under the applicable provisions. Such plan shall be updated as appropriate. (2) Contracts and other arrangements for quality measure development (A) In general The Secretary shall enter into contracts or other arrangements with entities for the purpose of developing, improving, updating, or expanding in accordance with the plan under paragraph (1) quality measures for application under the applicable provisions. Such entities shall include organizations with quality measure development expertise. (B) Prioritization (i) In general In entering into contracts or other arrangements under subparagraph (A), the Secretary shall give priority to the development of the types of measures described in paragraph (1)(D). (ii) Consideration In selecting measures for development under this subsection, the Secretary shall consider— (I) whether such measures would be electronically specified; and (II) clinical practice guidelines to the extent that such guidelines exist. (3) Annual report by the Secretary (A) In general Not later than May 1, 2016, and annually thereafter, the Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services a report on the progress made in developing quality measures for application under the applicable provisions. (B) Requirements Each report submitted pursuant to subparagraph (A) shall include the following: (i) A description of the Secretary’s efforts to implement this paragraph. (ii) With respect to the measures developed during the previous year— (I) a description of the total number of quality measures developed and the types of such measures, such as an outcome or patient experience measure; (II) the name of each measure developed; (III) the name of the developer and steward of each measure; (IV) with respect to each type of measure, an estimate of the total amount expended under this title to develop all measures of such type; and (V) whether the measure would be electronically specified. (iii) With respect to measures in development at the time of the report— (I) the information described in clause (ii), if available; and (II) a timeline for completion of the development of such measures. (iv) A description of any updates to the plan under paragraph (1) (including newly identified gaps and the status of previously identified gaps) and the inventory of measures applicable under the applicable provisions. (v) Other information the Secretary determines to be appropriate. (4) Stakeholder input With respect to paragraph (1), the Secretary shall seek stakeholder input with respect to— (A) the identification of gaps where no quality measures exist, particularly with respect to the types of measures described in paragraph (1)(D); (B) prioritizing quality measure development to address such gaps; and (C) other areas related to quality measure development determined appropriate by the Secretary. (5) Definition of applicable provisions In this subsection, the term applicable provisions (A) Subsection (q)(2)(B)(i). (B) Section 1833(z)(2)(C). (6) Funding For purposes of carrying out this subsection, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $15,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2014 through 2018. Amounts transferred under this paragraph shall remain available through the end of fiscal year 2021. . 4. Encouraging care management for individuals with chronic care needs (a) In general Section 1848(b) of the Social Security Act ( 42 U.S.C. 1395w–4(b) (8) Encouraging care management for individuals with chronic care needs (A) In general In order to encourage the management of care by an applicable provider (as defined in subparagraph (B)) for individuals with chronic care needs the Secretary shall— (i) establish one or more HCPCS codes for chronic care management services for such individuals; and (ii) subject to subparagraph (D), make payment (as the Secretary determines to be appropriate) under this section for such management services furnished on or after January 1, 2015, by an applicable provider. (B) Applicable provider defined For purposes of this paragraph, the term applicable provider (i) is recognized as such a medical home or comparable specialty practice by an organization that is recognized by the Secretary for purposes of such recognition as such a medical home or practice; or (ii) meets such other comparable qualifications as the Secretary determines to be appropriate. (C) Budget neutrality The budget neutrality provision under subsection (c)(2)(B)(ii)(II) shall apply in establishing the payment under subparagraph (A)(ii). (D) Policies relating to payment In carrying out this paragraph, with respect to chronic care management services, the Secretary shall— (i) make payment to only one applicable provider for such services furnished to an individual during a period; (ii) not make payment under subparagraph (A) if such payment would be duplicative of payment that is otherwise made under this title for such services (such as in the case of hospice care or home health services); and (iii) not require that an annual wellness visit (as defined in section 1861(hhh)) or an initial preventive physical examination (as defined in section 1861(ww)) be furnished as a condition of payment for such management services. . (b) Education and outreach (1) Campaign (A) In general The Secretary of Health and Human Services (in this subsection referred to as the Secretary (B) Requirements Such campaign shall— (i) be directed by the Office of Rural Health Policy of the Department of Health and Human Services and the Office of Minority Health of the Centers for Medicare & Medicaid Services; and (ii) focus on encouraging participation by underserved rural populations and racial and ethnic minority populations. (2) Report (A) In general Not later than December 31, 2017, the Secretary shall submit to Congress a report on the use of chronic care management services described in such section 1848(b)(8) by individuals living in rural areas and by racial and ethnic minority populations. Such report shall— (i) identify barriers to receiving chronic care management services; and (ii) make recommendations for increasing the appropriate use of chronic care management services. 5. Ensuring accurate valuation of services under the physician fee schedule (a) Authority To collect and use information on physicians’ services in the determination of relative values (1) In general Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (M) Authority to collect and use information on physicians’ services in the determination of relative values (i) Collection of information Notwithstanding any other provision of law, the Secretary may collect or obtain information on the resources directly or indirectly related to furnishing services for which payment is made under the fee schedule established under subsection (b). Such information may be collected or obtained from any eligible professional or any other source. (ii) Use of information Notwithstanding any other provision of law, subject to clause (v), the Secretary may (as the Secretary determines appropriate) use information collected or obtained pursuant to clause (i) in the determination of relative values for services under this section. (iii) Types of information The types of information described in clauses (i) and (ii) may, at the Secretary’s discretion, include any or all of the following: (I) Time involved in furnishing services. (II) Amounts and types of practice expense inputs involved with furnishing services. (III) Prices (net of any discounts) for practice expense inputs, which may include paid invoice prices or other documentation or records. (IV) Overhead and accounting information for practices of physicians and other suppliers. (V) Any other element that would improve the valuation of services under this section. (iv) Information collection mechanisms Information may be collected or obtained pursuant to this subparagraph from any or all of the following: (I) Surveys of physicians, other suppliers, providers of services, manufacturers, and vendors. (II) Surgical logs, billing systems, or other practice or facility records. (III) Electronic health records. (IV) Any other mechanism determined appropriate by the Secretary. (v) Transparency of use of information (I) In general Subject to subclauses (II) and (III), if the Secretary uses information collected or obtained under this subparagraph in the determination of relative values under this subsection, the Secretary shall disclose the information source and discuss the use of such information in such determination of relative values through notice and comment rulemaking. (II) Thresholds for use The Secretary may establish thresholds in order to use such information, including the exclusion of information collected or obtained from eligible professionals who use very high resources (as determined by the Secretary) in furnishing a service. (III) Disclosure of information The Secretary shall make aggregate information available under this subparagraph but shall not disclose information in a form or manner that identifies an eligible professional or a group practice, or information collected or obtained pursuant to a nondisclosure agreement. (vi) Incentive to participate The Secretary may provide for such payments under this part to an eligible professional that submits such solicited information under this subparagraph as the Secretary determines appropriate in order to compensate such eligible professional for such submission. Such payments shall be provided in a form and manner specified by the Secretary. (vii) Administration Chapter 35 (viii) Definition of eligible professional In this subparagraph, the term eligible professional (ix) Funding For purposes of carrying out this subparagraph, in addition to funds otherwise appropriated, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $2,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each fiscal year beginning with fiscal year 2014. Amounts transferred under the preceding sentence for a fiscal year shall be available until expended. . (2) Limitation on review Section 1848(i)(1) of the Social Security Act ( 42 U.S.C. 1395w–4(i)(1) (A) in subparagraph (D), by striking and (B) in subparagraph (E), by striking the period at the end and inserting , and (C) by adding at the end the following new subparagraph: (F) the collection and use of information in the determination of relative values under subsection (c)(2)(M). . (b) Authority for alternative approaches To establishing practice expense relative values Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (N) Authority for alternative approaches to establishing practice expense relative values The Secretary may establish or adjust practice expense relative values under this subsection using cost, charge, or other data from suppliers or providers of services, including information collected or obtained under subparagraph (M). . (c) Revised and expanded identification of potentially misvalued codes Section 1848(c)(2)(K)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(K)(ii) (ii) Identification of potentially misvalued codes For purposes of identifying potentially misvalued codes pursuant to clause (i)(I), the Secretary shall examine codes (and families of codes as appropriate) based on any or all of the following criteria: (I) Codes that have experienced the fastest growth. (II) Codes that have experienced substantial changes in practice expenses. (III) Codes that describe new technologies or services within an appropriate time period (such as 3 years) after the relative values are initially established for such codes. (IV) Codes which are multiple codes that are frequently billed in conjunction with furnishing a single service. (V) Codes with low relative values, particularly those that are often billed multiple times for a single treatment. (VI) Codes that have not been subject to review since implementation of the fee schedule. (VII) Codes that account for the majority of spending under the physician fee schedule. (VIII) Codes for services that have experienced a substantial change in the hospital length of stay or procedure time. (IX) Codes for which there may be a change in the typical site of service since the code was last valued. (X) Codes for which there is a significant difference in payment for the same service between different sites of service. (XI) Codes for which there may be anomalies in relative values within a family of codes. (XII) Codes for services where there may be efficiencies when a service is furnished at the same time as other services. (XIII) Codes with high intra-service work per unit of time. (XIV) Codes with high practice expense relative value units. (XV) Codes with high cost supplies. (XVI) Codes as determined appropriate by the Secretary. . (d) Target for relative value adjustments for misvalued services (1) In general Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (O) Target for relative value adjustments for misvalued services With respect to fee schedules established for each of 2015 through 2018, the following shall apply: (i) Determination of net reduction in expenditures For each year, the Secretary shall determine the estimated net reduction in expenditures under the fee schedule under this section with respect to the year as a result of adjustments to the relative values established under this paragraph for misvalued codes. (ii) Budget neutral redistribution of funds if target met and counting overages towards the target for the succeeding year If the estimated net reduction in expenditures determined under clause (i) for the year is equal to or greater than the target for the year— (I) reduced expenditures attributable to such adjustments shall be redistributed for the year in a budget neutral manner in accordance with subparagraph (B)(ii)(II); and (II) the amount by which such reduced expenditures exceeds the target for the year shall be treated as a reduction in expenditures described in clause (i) for the succeeding year, for purposes of determining whether the target has or has not been met under this subparagraph with respect to that year. (iii) Exemption from budget neutrality if target not met If the estimated net reduction in expenditures determined under clause (i) for the year is less than the target for the year, reduced expenditures in an amount equal to the target recapture amount shall not be taken into account in applying subparagraph (B)(ii)(II) with respect to fee schedules beginning with 2015. (iv) Target recapture amount For purposes of clause (iii), the target recapture amount is, with respect to a year, an amount equal to the difference between— (I) the target for the year; and (II) the estimated net reduction in expenditures determined under clause (i) for the year. (v) Target For purposes of this subparagraph, with respect to a year, the target is calculated as 0.5 percent of the estimated amount of expenditures under the fee schedule under this section for the year. . (2) Conforming amendment Section 1848(c)(2)(B)(v) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(B)(v) (VIII) Reductions for misvalued services if target not met Effective for fee schedules beginning with 2015, reduced expenditures attributable to the application of the target recapture amount described in subparagraph (O)(iii). . (e) Phase-In of significant relative value unit (RVU) reductions (1) In general Section 1848(c) of the Social Security Act ( 42 U.S.C. 1395w–4(c) (7) Phase-in of significant relative value unit (RVU) reductions Effective for fee schedules established beginning with 2015, if the total relative value units for a service for a year would otherwise be decreased by an estimated amount equal to or greater than 20 percent as compared to the total relative value units for the previous year, the applicable adjustments in work, practice expense, and malpractice relative value units shall be phased-in over a 2-year period. . (2) Conforming amendments Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (A) in subparagraph (B)(ii)(I), by striking subclause (II) subclause (II) and paragraph (7) (B) in subparagraph (K)(iii)(VI)— (i) by striking provisions of subparagraph (B)(ii)(II) provisions of subparagraph (B)(ii)(II) and paragraph (7) (ii) by striking under subparagraph (B)(ii)(II) under subparagraph (B)(ii)(I) (f) Authority To smooth relative values within groups of services Section 1848(c)(2)(C) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(C) (1) in each of clauses (i) and (iii), by striking the service the service or group of services (2) in the first sentence of clause (ii), by inserting or group of services (g) GAO study and report on Relative Value Scale Update Committee (1) Study The Comptroller General of the United States (in this subsection referred to as the Comptroller General (2) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1). (h) Adjustment to Medicare payment localities (1) In general Section 1848(e) of the Social Security Act ( 42 U.S.C. 1395w–4(e) (6) Use of MSAs as fee schedule areas in California (A) In general Subject to the succeeding provisions of this paragraph and notwithstanding the previous provisions of this subsection, for services furnished on or after January 1, 2017, the fee schedule areas used for payment under this section applicable to California shall be the following: (i) Each Metropolitan Statistical Area (each in this paragraph referred to as an MSA (ii) All areas not included in an MSA shall be treated as a single rest-of-State fee schedule area. (B) Transition for MSAs previously in rest-of-State payment locality or in locality 3 (i) In general For services furnished in California during a year beginning with 2017 and ending with 2021 in an MSA in a transition area (as defined in subparagraph (D)), subject to subparagraph (C), the geographic index values to be applied under this subsection for such year shall be equal to the sum of the following: (I) Current law component The old weighting factor (described in clause (ii)) for such year multiplied by the geographic index values under this subsection for the fee schedule area that included such MSA that would have applied in such area (as estimated by the Secretary) if this paragraph did not apply. (II) MSA-based component The MSA-based weighting factor (described in clause (iii)) for such year multiplied by the geographic index values computed for the fee schedule area under subparagraph (A) for the year (determined without regard to this subparagraph). (ii) Old weighting factor The old weighting factor described in this clause— (I) for 2017, is 5/6 (II) for each succeeding year, is the old weighting factor described in this clause for the previous year minus 1/6 (iii) MSA-based weighting factor The MSA-based weighting factor described in this clause for a year is 1 minus the old weighting factor under clause (ii) for that year. (C) Hold harmless For services furnished in a transition area in California during a year beginning with 2017, the geographic index values to be applied under this subsection for such year shall not be less than the corresponding geographic index values that would have applied in such transition area (as estimated by the Secretary) if this paragraph did not apply. (D) Transition area defined In this paragraph, the term transition area (i) The rest-of-State payment locality. (ii) Payment locality 3. (E) References to fee schedule areas Effective for services furnished on or after January 1, 2017, for California, any reference in this section to a fee schedule area shall be deemed a reference to a fee schedule area established in accordance with this paragraph. . (2) Conforming amendment to definition of fee schedule area Section 1848(j)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(2) The term Except as provided in subsection (e)(6)(D), the term (i) Disclosure of data used To establish multiple procedure payment reduction policy The Secretary of Health and Human Services shall make publicly available the information used to establish the multiple procedure payment reduction policy to the professional component of imaging services in the final rule published in the Federal Register, v. 77, n. 222, November 16, 2012, pages 68891–69380 under the physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 6. Promoting evidence-based care (a) In general Section 1834 of the Social Security Act ( 42 U.S.C. 1395m (p) Recognizing appropriate use criteria for certain imaging services (1) Program established (A) In general The Secretary shall establish a program to promote the use of appropriate use criteria (as defined in subparagraph (B)) for applicable imaging services (as defined in subparagraph (C)) furnished in an applicable setting (as defined in subparagraph (D)) by ordering professionals and furnishing professionals (as defined in subparagraphs (E) and (F), respectively). (B) Appropriate use criteria defined In this subsection, the term appropriate use criteria (C) Applicable imaging service defined In this subsection, the term applicable imaging service (i) one or more applicable appropriate use criteria specified under paragraph (2) apply; (ii) there are one or more qualified clinical decision support mechanisms listed under paragraph (3)(C); and (iii) one or more of such mechanisms is available free of charge. (D) Applicable setting defined In this subsection, the term applicable setting (E) Ordering professional defined In this subsection, the term ordering professional (F) Furnishing professional defined In this subsection, the term furnishing professional (2) Establishment of applicable appropriate use criteria (A) In general Not later than November 15, 2015, the Secretary shall through rulemaking, and in consultation with physicians, practitioners, and other stakeholders, specify applicable appropriate use criteria for applicable imaging services only from among appropriate use criteria developed or endorsed by national professional medical specialty societies or other provider-led entities. (B) Considerations In specifying applicable appropriate use criteria under subparagraph (A), the Secretary shall take into account whether the criteria— (i) have stakeholder consensus; (ii) are scientifically valid and evidence based; and (iii) are based on studies that are published and reviewable by stakeholders. (C) Revisions The Secretary shall review, on an annual basis, the specified applicable appropriate use criteria to determine if there is a need to update or revise (as appropriate) such specification of applicable appropriate use criteria and make such updates or revisions through rulemaking. (D) Treatment of multiple applicable appropriate use criteria In the case where the Secretary determines that more than one appropriate use criteria applies with respect to an applicable imaging service, the Secretary shall permit one or more applicable appropriate use criteria under this paragraph for the service. (3) Mechanisms for consultation with applicable appropriate use criteria (A) Identification of mechanisms to consult with applicable appropriate use criteria (i) In general The Secretary shall specify qualified clinical decision support mechanisms that could be used by ordering professionals to consult with applicable appropriate use criteria for applicable imaging services. (ii) Consultation The Secretary shall consult with physicians, practitioners, health care technology experts, and other stakeholders in specifying mechanisms under this paragraph. (iii) Inclusion of certain mechanisms Mechanisms specified under this paragraph may include any or all of the following that meet the requirements described in subparagraph (B)(ii): (I) Use of clinical decision support modules in certified EHR technology (as defined in section 1848(o)(4)). (II) Use of private sector clinical decision support mechanisms that are independent from certified EHR technology, which may include use of clinical decision support mechanisms available from medical specialty organizations. (III) Use of a clinical decision support mechanism established by the Secretary. (B) Qualified clinical decision support mechanisms (i) In general For purposes of this subsection, a qualified clinical decision support mechanism is a mechanism that the Secretary determines meets the requirements described in clause (ii). (ii) Requirements The requirements described in this clause are the following: (I) The mechanism makes available to the ordering professional applicable appropriate use criteria specified under paragraph (2) and the supporting documentation for the applicable imaging service ordered. (II) In the case where there are more than one applicable appropriate use criteria specified under such paragraph for an applicable imaging service, the mechanism indicates the criteria that it uses for the service. (III) The mechanism determines the extent to which an applicable imaging service ordered is consistent with the applicable appropriate use criteria so specified. (IV) The mechanism generates and provides to the ordering professional a certification or documentation that documents that the qualified clinical decision support mechanism was consulted by the ordering professional. (V) The mechanism is updated on a timely basis to reflect revisions to the specification of applicable appropriate use criteria under such paragraph. (VI) The mechanism meets privacy and security standards under applicable provisions of law. (VII) The mechanism performs such other functions as specified by the Secretary, which may include a requirement to provide aggregate feedback to the ordering professional. (C) List of mechanisms for consultation with applicable appropriate use criteria (i) Initial list Not later than April 1, 2016, the Secretary shall publish a list of mechanisms specified under this paragraph. (ii) Periodic updating of list The Secretary shall identify on an annual basis the list of qualified clinical decision support mechanisms specified under this paragraph. (4) Consultation with applicable appropriate use criteria (A) Consultation by ordering professional Beginning with January 1, 2017, subject to subparagraph (C), with respect to an applicable imaging service ordered by an ordering professional that would be furnished in an applicable setting and paid for under an applicable payment system (as defined in subparagraph (D)), an ordering professional shall— (i) consult with a qualified decision support mechanism listed under paragraph (3)(C); and (ii) provide to the furnishing professional the information described in clauses (i) through (iii) of subparagraph (B). (B) Reporting by furnishing professional Beginning with January 1, 2017, subject to subparagraph (C), with respect to an applicable imaging service furnished in an applicable setting and paid for under an applicable payment system (as defined in subparagraph (D)), payment for such service may only be made if the claim for the service includes the following: (i) Information about which qualified clinical decision support mechanism was consulted by the ordering professional for the service. (ii) Information regarding— (I) whether the service ordered would adhere to the applicable appropriate use criteria specified under paragraph (2); (II) whether the service ordered would not adhere to such criteria; or (III) whether such criteria was not applicable to the service ordered. (iii) The national provider identifier of the ordering professional (if different from the furnishing professional). (C) Exceptions The provisions of subparagraphs (A) and (B) and paragraph (6)(A) shall not apply to the following: (i) Emergency services An applicable imaging service ordered for an individual with an emergency medical condition (as defined in section 1867(e)(1)). (ii) Inpatient services An applicable imaging service ordered for an inpatient and for which payment is made under part A. (iii) Alternative payment models An applicable imaging service ordered by an ordering professional with respect to an individual attributed to an alternative payment model (as defined in section 1833(z)(3)(C)). (iv) Significant hardship An applicable imaging service ordered by an ordering professional who the Secretary may, on a case-by-case basis, exempt from the application of such provisions if the Secretary determines, subject to annual renewal, that consultation with applicable appropriate use criteria would result in a significant hardship, such as in the case of a professional who practices in a rural area without sufficient Internet access. (D) Applicable payment system defined In this subsection, the term applicable payment system (i) The physician fee schedule established under section 1848(b). (ii) The prospective payment system for hospital outpatient department services under section 1833(t). (iii) The ambulatory surgical center payment systems under section 1833(i). (5) Identification of outlier ordering professionals (A) In general With respect to applicable imaging services furnished beginning with 2017, the Secretary shall determine, on an annual basis, no more than five percent of the total number of ordering professionals who are outlier ordering professionals. (B) Outlier ordering professionals The determination of an outlier ordering professional shall— (i) be based on low adherence to applicable appropriate use criteria specified under paragraph (2), which may be based on comparison to other ordering professionals; and (ii) include data for ordering professionals for whom prior authorization under paragraph (6)(A) applies. (C) Use of two years of data The Secretary shall use two years of data to identify outlier ordering professionals under this paragraph. (D) Process The Secretary shall establish a process for determining when an outlier ordering professional is no longer an outlier ordering professional. (E) Consultation with stakeholders The Secretary shall consult with physicians, practitioners and other stakeholders in developing methods to identify outlier ordering professionals under this paragraph. (6) Prior authorization for ordering professionals who are outliers (A) In general Beginning January 1, 2020, subject to paragraph (4)(C), with respect to services furnished during a year, the Secretary shall, for a period determined appropriate by the Secretary, apply prior authorization for applicable imaging services that are ordered by an outlier ordering professional identified under paragraph (5). (B) Appropriate use criteria in prior authorization In applying prior authorization under subparagraph (A), the Secretary shall utilize only the applicable appropriate use criteria specified under this subsection. (C) Funding For purposes of carrying out this paragraph, the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $5,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each of fiscal years 2019 through 2021. Amounts transferred under the preceding sentence shall remain available until expended. (7) Construction Nothing in this subsection shall be construed as granting the Secretary the authority to develop or initiate the development of clinical practice guidelines or appropriate use criteria. . (b) Conforming amendment Section 1833(t)(16) of the Social Security Act ( 42 U.S.C. 1395l(t)(16) (E) Application of appropriate use criteria for certain imaging services For provisions relating to the application of appropriate use criteria for certain imaging services, see section 1834(p). . (c) Report on experience of imaging appropriate use criteria program Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes a description of the extent to which appropriate use criteria could be used for other services under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. 7. Empowering beneficiary choices through access to information on physicians’ services (a) In general The Secretary shall make publicly available on Physician Compare the information described in subsection (b) with respect to eligible professionals. (b) Information described The following information, with respect to an eligible professional, is described in this subsection: (1) Information on the number of services furnished by the eligible professional under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. (2) Information on submitted charges and payments for services under such part. (3) A unique identifier for the eligible professional that is available to the public, such as a national provider identifier. (c) Searchability The information made available under this section shall be searchable by at least the following: (1) The specialty or type of the eligible professional. (2) Characteristics of the services furnished, such as volume or groupings of services. (3) The location of the eligible professional. (d) Disclosure The information made available under this section shall indicate, where appropriate, that publicized information may not be representative of the eligible professional’s entire patient population, the variety of services furnished by the eligible professional, or the health conditions of individuals treated. (e) Implementation (1) Initial implementation Physician Compare shall include the information described in subsection (b)— (A) with respect to physicians, by not later than July 1, 2015; and (B) with respect to other eligible professionals, by not later than July 1, 2016. (2) Annual updating The information made available under this section shall be updated on Physician Compare not less frequently than on an annual basis. (f) Opportunity To review and submit corrections The Secretary shall provide for an opportunity for an eligible professional to review, and submit corrections for, the information to be made public with respect to the eligible professional under this section prior to such information being made public. (g) Definitions In this section: (1) Eligible professional; physician; secretary The terms eligible professional physician Secretary Public Law 111–148 (2) Physician Compare The term Physician Compare 8. Expanding availability of Medicare data (a) Expanding uses of Medicare data by qualified entities (1) Additional analyses (A) In general Subject to subparagraph (B), to the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) and the second sentence of paragraph (4)(D) of such section, beginning July 1, 2015, a qualified entity may use the combined data described in paragraph (4)(B)(iii) of such section received by such entity under such section, and information derived from the evaluation described in such paragraph (4)(D), to conduct additional non-public analyses (as determined appropriate by the Secretary) and provide or sell such analyses to authorized users for non-public use (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care). (B) Limitations with respect to analyses (i) Employers Any analyses provided or sold under subparagraph (A) to an employer described in paragraph (9)(A)(iii) may only be used by such employer for purposes of providing health insurance to employees and retirees of the employer. (ii) Health insurance issuers A qualified entity may not provide or sell an analysis to a health insurance issuer described in paragraph (9)(A)(iv) unless the issuer is providing the qualified entity with data under section 1874(e)(4)(B)(iii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(B)(iii)). (2) Access to certain data (A) Access To the extent consistent with applicable information, privacy, security, and disclosure laws (including paragraph (3)), notwithstanding paragraph (4)(B) of section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (i) provide or sell the combined data described in paragraph (4)(B)(iii) of such section to authorized users described in clauses (i), (ii), and (v) of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B); or (ii) subject to subparagraph (C), provide Medicare claims data to authorized users described in clauses (i), (ii), and (v), of paragraph (9)(A) for non-public use, including for the purposes described in subparagraph (B). (B) Purposes described The purposes described in this subparagraph are assisting providers of services and suppliers in developing and participating in quality and patient care improvement activities, including developing new models of care. (C) Medicare claims data must be provided at no cost A qualified entity may not charge a fee for providing the data under subparagraph (A)(ii). (3) Protection of information (A) In general Except as provided in subparagraph (B), an analysis or data that is provided or sold under paragraph (1) or (2) shall not contain information that individually identifies a patient. (B) Information on patients of the provider of services or supplier To the extent consistent with applicable information, privacy, security, and disclosure laws, an analysis or data that is provided or sold to a provider of services or supplier under paragraph (1) or (2) may contain information that individually identifies a patient of such provider or supplier, including with respect to items and services furnished to the patient by other providers of services or suppliers. (C) Prohibition on using analyses or data for marketing purposes An authorized user shall not use an analysis or data provided or sold under paragraph (1) or (2) for marketing purposes. (4) Data use agreement A qualified entity and an authorized user described in clauses (i), (ii), and (v) of paragraph (9)(A) shall enter into an agreement regarding the use of any data that the qualified entity is providing or selling to the authorized user under paragraph (2). Such agreement shall describe the requirements for privacy and security of the data and, as determined appropriate by the Secretary, any prohibitions on using such data to link to other individually identifiable sources of information. If the authorized user is not a covered entity under the rules promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, the agreement shall identify the relevant regulations, as determined by the Secretary, that the user shall comply with as if it were acting in the capacity of such a covered entity. (5) No redisclosure of analyses or data (A) In general Except as provided in subparagraph (B), an authorized user that is provided or sold an analysis or data under paragraph (1) or (2) shall not redisclose or make public such analysis or data or any analysis using such data. (B) Permitted redisclosure A provider of services or supplier that is provided or sold an analysis or data under paragraph (1) or (2) may, as determined by the Secretary, redisclose such analysis or data for the purposes of performance improvement and care coordination activities but shall not make public such analysis or data or any analysis using such data. (6) Opportunity for providers of services and suppliers to review Prior to a qualified entity providing or selling an analysis to an authorized user under paragraph (1), to the extent that such analysis would individually identify a provider of services or supplier who is not being provided or sold such analysis, such qualified entity shall provide such provider or supplier with the opportunity to appeal and correct errors in the manner described in section 1874(e)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395kk(e)(4)(C)(ii)). (7) Assessment for a breach (A) In general In the case of a breach of a data use agreement under this section or section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (i) an agreement between the Secretary and a qualified entity; and (ii) an agreement between a qualified entity and an authorized user. (B) Assessment The assessment under subparagraph (A) shall be an amount up to $100 for each individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled for benefits under part B of such title— (i) in the case of an agreement described in subparagraph (A)(i), for whom the Secretary provided data on to the qualified entity under paragraph (2); and (ii) in the case of an agreement described in subparagraph (A)(ii), for whom the qualified entity provided data on to the authorized user under paragraph (2). (C) Deposit of amounts collected Any amounts collected pursuant to this paragraph shall be deposited in Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act ( 42 U.S.C. 1395t (8) Annual reports Any qualified entity that provides or sells an analysis or data under paragraph (1) or (2) shall annually submit to the Secretary a report that includes— (A) a summary of the analyses provided or sold, including the number of such analyses, the number of purchasers of such analyses, and the total amount of fees received for such analyses; (B) a description of the topics and purposes of such analyses; (C) information on the entities who received the data under paragraph (2), the uses of the data, and the total amount of fees received for providing, selling, or sharing the data; and (D) other information determined appropriate by the Secretary. (9) Definitions In this subsection and subsection (b): (A) Authorized user The term authorized user (i) A provider of services. (ii) A supplier. (iii) An employer (as defined in section 3(5) of the Employee Retirement Insurance Security Act of 1974). (iv) A health insurance issuer (as defined in section 2791 of the Public Health Service Act). (v) A medical society or hospital association. (vi) Any entity not described in clauses (i) through (v) that is approved by the Secretary (other than an employer or health insurance issuer not described in clauses (iii) and (iv), respectively, as determined by the Secretary). (B) Provider of services The term provider of services (C) Qualified entity The term qualified entity (D) Secretary The term Secretary (E) Supplier The term supplier (b) Access to Medicare data by qualified clinical data registries To facilitate quality improvement (1) Access (A) In general To the extent consistent with applicable information, privacy, security, and disclosure laws, beginning July 1, 2015, the Secretary shall, at the request of a qualified clinical data registry under section 1848(m)(3)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(E) (B) Data described The data described in this subparagraph is— (i) claims data under the Medicare program under title XVIII of the Social Security Act; and (ii) if the Secretary determines appropriate, claims data under the Medicaid program under title XIX of such Act and the State Children's Health Insurance Program under title XXI of such Act. (2) Fee Data described in paragraph (1)(B) shall be provided to a qualified clinical data registry under paragraph (1) at a fee equal to the cost of providing such data. Any fee collected pursuant to the preceding sentence shall be deposited in the Centers for Medicare & Medicaid Services Program Management Account. (c) Expansion of data available to qualified entities Section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) (1) in the subsection heading, by striking Medicare (2) in paragraph (3)— (A) by inserting after the first sentence the following new sentence: Beginning July 1, 2015, if the Secretary determines appropriate, the data described in this paragraph may also include standardized extracts (as determined by the Secretary) of claims data under titles XIX and XXI for assistance provided under such titles for one or more specified geographic areas and time periods requested by a qualified entity. (B) in the last sentence, by inserting or under titles XIX or XXI (d) Revision of placement of fees Section 1874(e)(4)(A) of the Social Security Act ( 42 U.S.C. 1395kk(e)(4)(A) (1) by inserting , for periods prior to July 1, 2015, deposited (2) by inserting the following before the period at the end: , and, beginning July 1, 2015, into the Centers for Medicare & Medicaid Services Program Management Account 9. Reducing administrative burden and other provisions (a) Medicare physician and practitioner opt-Out to private contract (1) Indefinite, continuing automatic extension of opt out election (A) In general Section 1802(b)(3) of the Social Security Act ( 42 U.S.C. 1395a(b)(3) (i) in subparagraph (B)(ii), by striking during the 2-year period beginning on the date the affidavit is signed during the applicable 2-year period (as defined in subparagraph (D)) (ii) in subparagraph (C), by striking during the 2-year period described in subparagraph (B)(ii) during the applicable 2-year period (iii) by adding at the end the following new subparagraph: (D) Applicable 2-year periods for effectiveness of affidavits In this subsection, the term applicable 2-year period . (B) Effective date The amendments made by subparagraph (A) shall apply to affidavits entered into on or after the date that is 60 days after the date of the enactment of this Act. (2) Public availability of information on opt-out physicians and practitioners Section 1802(b) of the Social Security Act ( 42 U.S.C. 1395a(b) (A) in paragraph (5), by adding at the end the following new subparagraph: (D) Opt-out physician or practitioner The term opt-out physician or practitioner ; (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following new paragraph: (5) Posting of information on opt-out physicians and practitioners (A) In general Beginning not later than February 1, 2015, the Secretary shall make publicly available through an appropriate publicly accessible website of the Department of Health and Human Services information on the number and characteristics of opt-out physicians and practitioners and shall update such information on such website not less often than annually. (B) Information to be included The information to be made available under subparagraph (A) shall include at least the following with respect to opt-out physicians and practitioners: (i) Their number. (ii) Their physician or professional specialty or other designation. (iii) Their geographic distribution. (iv) The timing of their becoming opt-out physicians and practitioners, relative to when they first entered practice and with respect to applicable 2-year periods. (v) The proportion of such physicians and practitioners who billed for emergency or urgent care services. . (b) Gainsharing study and report Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Inspector General of the Department of Health and Human Services, shall submit to Congress a report with legislative recommendations to amend existing fraud and abuse laws, through exceptions, safe harbors, or other narrowly targeted provisions, to permit gainsharing or similar arrangements between physicians and hospitals that improve care while reducing waste and increasing efficiency. The report shall— (1) consider whether such provisions should apply to ownership interests, compensation arrangements, or other relationships; (2) describe how the recommendations address accountability, transparency, and quality, including how best to limit inducements to stint on care, discharge patients prematurely, or otherwise reduce or limit medically necessary care; and (3) consider whether a portion of any savings generated by such arrangements should accrue to the Medicare program under title XVIII of the Social Security Act. (c) Promoting interoperability of electronic health record systems (1) Recommendations for achieving widespread EHR interoperability (A) Objective As a consequence of a significant Federal investment in the implementation of health information technology through the Medicare and Medicaid EHR incentive programs, Congress declares it a national objective to achieve widespread exchange of health information through interoperable certified EHR technology nationwide by December 31, 2017. (B) Definitions In this paragraph: (i) Widespread interoperability The term widespread interoperability (ii) Interoperability The term interoperability (C) Establishment of metrics Not later than July 1, 2015, and in consultation with stakeholders, the Secretary shall establish metrics to be used to determine if and to the extent that the objective described in subparagraph (A) has been achieved. (D) Recommendations if objective not achieved If the Secretary of Health and Human Services determines that the objective described in subparagraph (A) has not been achieved by December 31, 2017, then the Secretary shall submit to Congress a report, by not later than December 31, 2018, that identifies barriers to such objective and recommends actions that the Federal Government can take to achieve such objective. Such recommended actions may include recommendations— (i) to adjust payments for not being meaningful EHR users under the Medicare EHR incentive programs; and (ii) for criteria for decertifying certified EHR technology products. (2) Preventing blocking the sharing of information (A) For meaningful EHR professionals Section 1848(o)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2)(A)(ii) , and the professional demonstrates (through a process specified by the Secretary, such as the use of an attestation) that the professional has not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology (B) For meaningful EHR hospitals Section 1886(n)(3)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395ww(n)(3)(A)(ii) , and the hospital demonstrates (through a process specified by the Secretary, such as the use of an attestation) that the hospital has not knowingly and willfully taken any action to limit or restrict the compatibility or interoperability of the certified EHR technology (C) Effective date The amendments made by this subsection shall apply to meaningful EHR users as of the date that is one year after the date of the enactment of this Act. (3) Study and report on the feasibility of establishing a website to compare certified EHR technology products (A) Study The Secretary shall conduct a study to examine the feasibility of establishing mechanisms that includes aggregated results of surveys of meaningful EHR users on the functionality of certified EHR technology products to enable such users to directly compare the functionality and other features of such products. Such information may be made available through contracts with physician, hospital, or other organizations that maintain such comparative information. (B) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the website. The report shall include information on the benefits of, and resources needed to develop and maintain, such a website. (4) Definitions In this subsection: (A) The term certified EHR technology (B) The term meaningful EHR user (C) The term Medicare and Medicaid EHR incentive programs (i) in the case of the Medicare program under title XVIII of the Social Security Act, the incentive programs under section 1814(l)(3), section 1848(o), subsections (l) and (m) of section 1853, and section 1886(n) of the Social Security Act (42 U.S.C. 1395f(l)(3), 1395w–4(o), 1395w–23, 1395ww(n)); and (ii) in the case of the Medicaid program under title XIX of such Act, the incentive program under subsections (a)(3)(F) and (t) of section 1903 of such Act (42 U.S.C. 1396b). (D) The term Secretary (d) GAO studies and reports on the use of telehealth under Federal programs and on remote patient monitoring services (1) Study on telehealth services The Comptroller General of the United States shall conduct a study on the following: (A) How the definition of telehealth across various Federal programs and Federal efforts can inform the use of telehealth in the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (B) Issues that can facilitate or inhibit the use of telehealth under the Medicare program under such title, including oversight and professional licensure, changing technology, privacy and security, infrastructure requirements, and varying needs across urban and rural areas. (C) Potential implications of greater use of telehealth with respect to payment and delivery system transformations under the Medicare program under such title XVIII and the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. (D) How the Centers for Medicare & Medicaid Services conducts oversight of payments made under the Medicare program under such title XVIII to providers for telehealth services. (2) Study on remote patient monitoring services (A) In general The Comptroller General of the United States shall conduct a study— (i) of the dissemination of remote patient monitoring technology in the private health insurance market; (ii) of the financial incentives in the private health insurance market relating to adoption of such technology; (iii) of the barriers to adoption of such services under the Medicare program under title XVIII of the Social Security Act; (iv) that evaluates the patients, conditions, and clinical circumstances that could most benefit from remote patient monitoring services; and (v) that evaluates the challenges related to establishing appropriate valuation for remote patient monitoring services under the Medicare physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (B) Definitions For purposes of this paragraph: (i) Remote patient monitoring services The term remote patient monitoring services (ii) Remote patient monitoring technology The term remote patient monitoring technology (3) Reports Not later than 24 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress— (A) a report containing the results of the study conducted under paragraph (1); and (B) a report containing the results of the study conducted under paragraph (2). A report required under this paragraph shall be submitted together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. The Comptroller General may submit one report containing the results described in subparagraphs (A) and (B) and the recommendations described in the previous sentence. (e) Rule of construction regarding healthcare provider standards of care (1) Maintenance of state standards The development, recognition, or implementation of any guideline or other standard under any Federal health care provision shall not be construed— (A) to establish the standard of care or duty of care owed by a health care provider to a patient in any medical malpractice or medical product liability action or claim; or (B) to preempt any standard of care or duty of care, owed by a health care provider to a patient, duly established under State or common law. (2) Definitions For purposes of this subsection: (A) Federal health care provision The term Federal health care provision Public Law 111–148 Public Law 111–152 (B) Health care provider The term health care provider (i) licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or (ii) required to be so licensed, registered, or certified but that is exempted by other statute or regulation. (C) Medical malpractice or medical product liability action or claim The term medical malpractice or medical product liability action or claim 42 U.S.C. 11151(7) (D) State The term State (3) Preservation of State law No provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 Public Law 111–152	SGR Repeal and Medicare Provider Payment Modernization Act of 2014
Wear American Act of 2014 - Directs the Federal Acquisition Regulation Council to amend the Federal Acquisition Regulation (FAR) to require federal agencies to procure textiles and apparel articles, including components for such articles, that are manufactured in the United States wholly from articles, materials, or supplies mined, produced or manufactured in the United States.	To require that textile and apparel articles acquired for use by executive agencies be manufactured from articles, materials, or supplies entirely grown, produced, or manufactured in the United States. 1. Short title This Act may be cited as the Wear American Act of 2014 2. Requirement to procure textile and apparel articles manufactured entirely of domestic components (a) In general Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation Council shall amend the Federal Acquisition Regulation to require Federal agencies to procure textiles and apparel articles, including components for such articles, that are manufactured in the United States wholly from articles, materials, or supplies mined, produced, or manufactured in the United States. The Federal Acquisition Regulation, as so amended, shall provide that the requirement applicable to textiles and apparel articles is subject to the same exceptions applicable to other articles, materials, and supplies under paragraphs (1) and (2) of section 8302(a) (b) Training The head of each Federal agency shall ensure that each member of the acquisition workforce of the agency who participates substantially in the agency's acquisition of textiles and apparel articles on a regular basis receives training on the requirements implemented pursuant to subsection (a) not later than 180 days after the date of the enactment of this Act.	Wear American Act of 2014
Motor Systems Market Awareness Act of 2014 - Directs the Secretary of Energy (DOE) to make a market assessment of motors and motor-driven systems used in the United States, and establish a program to increase motor end-user awareness of: (1) the energy efficiency and cost saving opportunities available to commercial and industrial facilities from using higher efficiency motors and motor-driven system technologies; (2) motor and motor-driven system procurement and management procedures; and (3) criteria for making decisions for new, replacement, or repair of motor and motor-driven system components.	To require the Secretary of Energy to conduct a motor and motor-driven systems market assessment and public awareness program, and for other purposes. 1. Short title This Act may be cited as the Motor Systems Market Awareness Act of 2014 2. Findings Congress finds that— (1) motors and motor-driven systems account for a significant quantity of the electricity used in the United States; (2) motor electrical energy use is determined by the efficiency of the motor and the design of the motor-driven system in which the motor and the drive operate; (3) Federal Government research on commercial and industrial motors and motor-driven system use and efficiency is outdated; (4) the Bureau of the Census has discontinued collection of data on motor and generator importation, manufacture, shipment, and sales; (5) the last Department of Energy motor market assessment was conducted in 2002; (6) motor and motor-driven systems have changed dramatically during the 12-year period ending on the date of enactment of this Act; and (7) a new motor and motor-driven system market assessment will help United States manufacturers better understand the commercial marketplace and become more globally competitive. 3. Definitions In this Act: (1) Department The term Department (2) Interested parties The term interested parties (A) trade associations; (B) motor manufacturers; (C) manufacturers of variable speed drives, including variable frequency drives; (D) motor end users, including original equipment manufacturers that use motors to drive machinery; (E) permanent magnetic material manufacturers; (F) electric utilities; and (G) individuals and entities that conduct energy efficiency programs. (3) Secretary The term Secretary 4. Motor market assessment (a) In general The Secretary, in consultation with interested parties, shall conduct a market assessment of motors and motor-driven systems used in the United States. (b) Assessment In conducting the assessment under subsection (a), the Secretary shall— (1) develop a detailed profile of the stock of motors and motor-driven systems in commercial and industrial facilities of the United States (as of the date of enactment of this Act); (2) develop a profile of commercial and industrial motor and motor-driven system purchase and maintenance practices; (3) analyze the opportunities (by market segment) for improved energy efficiency and cost savings available through— (A) the use of energy efficient motors, variable speed drives, servo drives, and other control technologies; (B) optimization of motor-driven systems; and (C) substitution of existing motor designs with new and future advanced motor and motor-driven system designs, including— (i) electronically commutated permanent magnet motors; (ii) interior permanent magnet motors; (iii) switched reluctance motors; (iv) synchronous reluctance motors; and (v) variable speed drives; and (4) evaluate the state of the global supply chain that supports motor and drive technologies (as of the date of enactment of this Act), including— (A) the accessibility and sustainability of key materials; (B) the progress of research and development directed at decreasing the quantity of heavy rare earth materials required in high energy density permanent magnets; and (C) factors that may lead to an increase in domestic manufacturing of motor and drive technologies. (c) Report Not later than 540 days after the date of enactment of this Act, the Secretary shall publish and make available on the website of the Department a report on the assessment conducted under this section. (d) Recommendations The Secretary shall use the assessment and report required under this section— (1) to develop recommendations to update the detailed motor and motor-driven system profile on a periodic basis using readily available market information; and (2) to identify technology and research needs that could be met through joint industry and government partnership. 5. Public awareness program Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with interested parties, shall establish a program targeted at motor end-users to increase the awareness of the end-users of— (1) the energy efficiency and cost saving opportunities available to commercial and industrial facilities from using higher efficiency motors and motor-driven system technologies; (2) motor and motor-driven system procurement and management procedures; and (3) criteria for making decisions for new, replacement, or repair of motor and motor-driven system components.	Motor Systems Market Awareness Act of 2014
Renewable Energy Parity Act of 2014 - Amends the Internal Revenue Code to extend the energy tax credit to solar energy, fuel cell, microturbine, combined heat and power system, small wind energy, and thermal energy properties the construction of which begins before January 1, 2017.	To amend the Internal Revenue Code of 1986 to extend the energy credit for certain property under construction. 1. Short title This Act may be cited as the Renewable Energy Parity Act of 2014 2. Extension of energy credit for certain property under construction (a) Solar energy property Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 are each amended by striking periods ending property the construction of which begins (b) Qualified fuel cell property Section 48(c)(1)(D) of such Code is amended by striking for any period after December 31, 2016 the construction of which does not begin before January 1, 2017 (c) Qualified microturbine property Section 48(c)(2)(D) of such Code is amended by striking for any period after December 31, 2016 the construction of which does not begin before January 1, 2017 (d) Combined heat and power system property Section 48(c)(3)(A)(iv) of such Code is amended by striking which is placed in service construction of which begins (e) Qualified small wind energy property Section 48(c)(4)(C) of such Code is amended by striking for any period after December 31, 2016 the construction of which does not begin before January 1, 2017 (f) Thermal energy property Section 48(a)(3)(A)(vii) of such Code is amended by striking periods ending property the construction of which begins (g) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.	Renewable Energy Parity Act of 2014
Safe Streets Act of 2014 - Requires each state to have in effect within two years a law, or each state department of transportation and metropolitan planning organization (MPO) an explicit policy statement, that requires all federally-funded transportation projects, with certain exceptions, to accommodate the safety and convenience of all users in accordance with certain complete streets principles. Defines "complete streets principles" as federal, state, local, or regional level transportation laws, policies, or principles which ensure that the safety and convenience of all users of a transportation system, including pedestrians, bicyclists, public transit users, children, older individuals, motorists, freight vehicles, and individuals with disabilities, are accommodated in all phases of project planning and development. Allows such law or policy to make project-specific exemptions from such principles only if: (1) affected roadways prohibit specified users by law from using them, the cost of a compliance project would be excessively disproportionate to the need, or the population, employment densities, traffic volumes, or level of transit service around a roadway is so low that the expected roadway users will not include pedestrians, public transportation, freight vehicles, or bicyclists; and (2) all such exemptions are properly approved. Requires the Secretary of Transportation (DOT) to establish a method for evaluating compliance by state departments of transportation and MPOs with complete streets principles. Requires the Access Board to issue final standards for accessibility of new construction and alterations of pedestrian facilities for public rights-of-way. Requires the Secretary to conduct research regarding complete streets to: (1) assist states, MPOs, and local jurisdictions in developing and implementing complete streets-compliant plans, projects, procedures, policies, and training programs; and (2) establish benchmarks for, and provide technical guidance on, implementing complete streets policies and principles.	To ensure the safety of all users of the transportation system, including pedestrians, bicyclists, transit users, children, older individuals, and individuals with disabilities, as they travel on and across federally funded streets and highways. 1. Short title This Act may be cited as the Safe Streets Act of 2014 2. Definitions In this Act: (1) Complete street The term complete street (2) Complete streets policy; complete streets principle The terms complete streets policy complete streets principle (A) the safe and adequate accommodation, in all phases of project planning and development, of all users of the transportation system, including pedestrians, bicyclists, public transit users, children, older individuals, individuals with disabilities, motorists, and freight vehicles; and (B) the consideration of the safety and convenience of all users in all phases of project planning and development. (3) Local jurisdiction The term local jurisdiction (4) Metropolitan planning organization The term metropolitan planning organization section 134(b) (5) Roadway The term roadway (A) the defined Federal functional classification roadway system; and (B) each bridge structure providing a connection for such a roadway system. (6) Secretary The term Secretary (7) Senior manager The term senior manager (A) the director of a State department of transportation (or a designee); (B) the director of a metropolitan planning organization (or a designee); and (C) the director of a regional, county, or city transportation agency that is primarily responsible for planning and approval of transportation projects (or a designee). (8) Transportation improvement program The term transportation improvement program TIP section 134(b) 3. Complete streets policy (a) Law or policy Not later than October 1 of the fiscal year that begins 2 years after the date of enactment of this Act each State and metropolitan planning organization shall have in effect— (1) in the case of a State— (A) a law requiring that, beginning on the effective date of the State law, all transportation projects in the State shall accommodate the safety and convenience of all users in accordance with complete streets principles; or (B) an explicit State department of transportation policy that, beginning on the effective date of the policy, all transportation projects in the State shall accommodate the safety and convenience of all users in accordance with complete streets principles; and (2) in the case of a metropolitan planning organization, an explicit statement of policy that, beginning on the effective date of the policy, all transportation projects under the jurisdiction of the metropolitan planning organization shall accommodate the safety and convenience of all users in accordance with complete streets principles. (b) Inclusions (1) In general A law or policy described in subsection (a) shall— (A) apply to each federally funded project of each State department of transportation or metropolitan planning organization transportation improvement program; (B) include a statement that each project under the transportation improvement program makes streets or affected rights-of-way accessible to the expected users of that facility, of all ages and abilities, including pedestrians, bicyclists, transit vehicles and users, freight vehicles, and motorists; (C) except as provided in paragraph (2), apply to new road construction and road modification projects, including design, planning, construction, reconstruction, rehabilitation, maintenance, and operations, for the entire right-of-way; (D) indicate that improvements for the safe and convenient travel by pedestrians or bicyclists of all ages and abilities on or across streets shall be fully assessed, considered, and documented as a routine element of pavement resurfacing projects; (E) delineate a clear procedure by which transportation improvement projects may be exempted from complying with complete streets principles, which shall require— (i) approval by the appropriate senior manager, in accordance with subsection (d)(2); and (ii) documentation, with supporting data, that indicates the basis for such an exemption; (F) comply with up-to-date design standards, particularly standards relating to providing access for individuals with disabilities; (G) require that complete streets principles be applied in due consideration of the urban, suburban, or rural context in which a project is located; (H) include a list of performance standards with measurable outcomes to ensure that the transportation improvement program adheres to complete streets principles; and (I) directs agency staff to create an implementation plan. (2) Exception A law or policy described in subsection (a) shall not apply to a new road construction or modification project for which, as of the effective date of the law or policy, at least 30 percent of the design phase is completed. (c) Exemption requirements and procedures A law or policy described in subsection (a) shall allow for a project-specific exemption from an applicable complete streets policy if— (1) (A) an affected roadway prohibits, by law, use of the roadway by specified users, in which case a greater effort shall be made to accommodate those specified users elsewhere, including on roadways that cross or otherwise intersect with the affected roadway; (B) the cost to the exempted project in achieving compliance with the applicable complete streets policy would be excessively disproportionate (as defined in the 2001 Department of Transportation Guidance on Accommodating Bicycle and Pedestrian Travel), as compared to the need or probable use of a particular complete street; or (C) the existing and planned population, employment densities, traffic volumes, or level of transit service around a particular roadway is so low, that the expected users of the roadway will not include pedestrians, public transportation, freight vehicles, or bicyclists; and (2) the project-specific exemption is approved by— (A) a senior manager of the metropolitan planning organization that approved the transportation improvement program containing the exempted project; (B) a senior manager of the relevant State department of transportation; or (C) in the case of a project for which neither the metropolitan planning organization nor the State department of transportation is the agency with primary transportation planning authority, a senior manager of the regional, county, or city agency responsible for planning and approval of the project. (d) Integration Each State department of transportation and metropolitan planning organization implementing a complete streets policy shall incorporate complete streets principles into all aspects of the transportation project development, programming, and delivery process, including project planning and identification, scoping procedures, design approvals, design manuals, and performance measures. (e) Reports (1) In general Each State department of transportation shall submit to the Secretary a report describing the implementation by the State of measures to achieve compliance with the requirements of this section, at such time, in such manner, and containing such information as the Secretary may require. (2) Determination by Secretary On receipt of a report under paragraph (1), the Secretary shall determine whether the applicable State has achieved compliance with the requirements of this section. 4. Certification (a) In general Not later than 1 year after the enactment of this Act, the Secretary shall establish a method of evaluating compliance by State departments of transportation and metropolitan planning organizations with the requirements of this Act, including a requirement that each State department of transportation and metropolitan planning organization shall submit to the Secretary a report describing— (1) each complete streets policy adopted by the State department of transportation or metropolitan planning organization; (2) the means of implementation by the State department of transportation or metropolitan planning organization of the complete streets policy; and (3) the process for providing an exemption, from the requirements of the complete streets policy of the State department of transportation or metropolitan planning organization. (b) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing— (1) the method established under subsection (a); (2) the status of activities for adoption and implementation by State departments of transportation and metropolitan planning organizations of complete streets policies; (3) the tools and resources provided by the Secretary to State departments of transportation and metropolitan planning organizations to assist with that adoption and implementation; and (4) other measures carried out by the Secretary to encourage the adoption of complete streets policies by local jurisdictions. 5. Accessibility standards (a) Final standards Not later than 1 year after the date of enactment of this Act, the Architectural and Transportation Barriers Compliance Board established by section 502(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 792(a)(1) (b) Temporary standards During the period beginning on the date of enactment of this Act and ending on the date on which the Architectural and Transportation Barriers Compliance Board promulgates final standards under subsection (a), a State or metropolitan planning organization shall apply to public rights-of-way— (1) the standards for accessible transportation facilities contained in section 37.9 (2) if the standards referred to in paragraph (1) do not address, or are inapplicable to, an affected public right-of-way, the revised draft guidelines for accessible public rights-of-way of the Architectural and Transportation Barriers Compliance Board dated November 23, 2005. 6. Research, technical guidance, and implementation assistance (a) Research (1) In general The Secretary shall conduct research regarding complete streets to assist States, metropolitan planning organizations, and local jurisdictions in developing, adopting, and implementing plans, projects, procedures, policies, and training programs that comply with complete streets principles. (2) Participation The Secretary shall solicit participation in the research program under paragraph (1) by— (A) the American Association of State Highway and Transportation Officials; (B) the Institute of Transportation Engineers; (C) the American Public Transportation Association; (D) the American Planning Association; (E) the National Association of Regional Councils; (F) the Association of Metropolitan Planning Organizations; (G) the Insurance Institute for Highway Safety; (H) the American Society of Landscape Architects; (I) representatives of transportation safety, disability, motoring, bicycling, walking, transit user, aging, and air quality organizations; and (J) other affected communities. (3) Requirements The research under paragraph (1) shall— (A) be based on the applicable statement of complete streets research needs of the Transportation Research Board, as described in TR Circular E110; and (B) seek to develop new areas of inquiry, in addition to that statement. (b) Benchmarks and guidance (1) In general The research conducted under subsection (a) shall be designed to result in the establishment of benchmarks and the provision of practical guidance on methods of effectively implementing complete streets policies and complete streets principles that will accommodate all users along a facility or corridor, including vehicles, pedestrians, bicyclists, and transit users. (2) Focus The benchmarks and guidance under paragraph (1) shall— (A) focus on modifying scoping, design, and construction procedures to more effectively combine particular methods of use into integrated facilities that meet the needs of each method in an appropriate balance; and (B) indicate the expected operational and safety performance of alternative approaches to facility design. (c) Data collection The Secretary shall collaborate with the Bureau of Transportation Statistics, the Federal Transit Administration, and appropriate committees of the Transportation Research Board— (1) to collect data regarding a baseline nonmotorized and transit use survey to be integrated into the National Household Travel Survey; and (2) to develop a survey tool for use by State departments of transportation in identifying the multimodal capacity of State and local roadways. (d) Technical guidance (1) Report Not later than 15 months after the date of enactment of this Act, the Secretary shall prepare and make available to all States, metropolitan planning organizations, and local jurisdictions a report that describes the best practices by which transportation agencies throughout the United States have implemented complete streets principles in accordance with, or in anticipation of, the requirements of this Act. (2) Topics for emphasis In preparing the report under paragraph (1), the Secretary shall place particular emphasis on the following topics: (A) Procedures for identifying the needs of users of all ages and abilities of a particular roadway. (B) Procedures for identifying the types and designs of facilities needed to serve each class of users. (C) Safety and other benefits provided by the implementation of complete streets principles. (D) Common barriers to the implementation of complete streets principles. (E) Procedures for overcoming the most common barriers to the implementation of complete streets principles. (F) Procedures for identifying the costs associated with the implementation of complete streets principles. (G) Procedures for maximizing local cooperation in the introduction and implementation of complete streets principles. (H) Procedures for assessing and modifying the facilities and operational characteristics of existing roadways to improve consistency with complete streets principles.	Safe Streets Act of 2014
Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013 [sic] or CLEAR Cost Information Act of 2013 [sic] - Amends title XVIII (Medicare) of the Social Security Act (SSA) to require service providers, in order to be qualified to participate and receive Medicare payments under any agreement filed with the Secretary of Health and Human Services (HHS), to report to the Secretary payment data on "subsection (d) hospitals." (Generally, a subsection (d) hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system when providing covered inpatient services to eligible beneficiaries.) Requires a subsection (d) hospital to submit to the Secretary data on the actual amounts it has collected from uninsured and insured patients over the preceding two years for each of the 50 most common diagnosis-related groups and ambulatory payment classification groups for which payment is made in both the inpatient and outpatient settings. Requires each annual report submitted to Congress by the Medicare Payment Advisory Commission (MEDPAC) to contain information on the percentage that charity care makes up of the total care furnished by hospitals and critical access hospitals. Amends the Patient Protection and Affordable Care Act to require the Secretary of the Treasury to post data on trends in the levels of charity care provided by certain hospitals on a publicly accessible and searchable website. Amends SSA title XVIII to require hospitals and critical access hospitals to include a link to such data on their home Internet websites.	To amend title XVIII of the Social Security Act to provide for the reporting of certain hospital payment data under the Medicare program, and for other purposes. 1. Short title This Act may be cited as the Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013 CLEAR Cost Information Act of 2013 2. Reporting of certain hospital payment data (a) In general Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended— (1) in subsection (a)(1)— (A) in subparagraph (V), by striking and (B) in subparagraph (W), as added by section 3005 of Public Law 111–148 (i) by moving such subparagraph 2 ems to the left; and (ii) by striking the period at the end and inserting a comma; (C) in subparagraph (W), as added by section 6406(b) of Public Law 111–148 (i) by moving such subparagraph 2 ems to the left; (ii) by redesignating such subparagraph as subparagraph (X); and (iii) by striking the period at the end and inserting , and (D) by inserting after subparagraph (X), as redesignated by subparagraph (C)(ii), the following new subparagraph: (Y) in the case of a subsection (d) hospital (as defined in section 1886(d)(1)(B)), to report payment data to the Secretary in accordance subsection (l). ; and (2) by adding at the end the following new subsection: (l) Reporting of certain hospital payment data (1) In general A subsection (d) hospital (as defined in section 1886(d)(1)(B)) shall submit to the Secretary data on the actual amounts collected by the hospital from uninsured and insured patients over the preceding 2 years for each of the procedures described in paragraph (2). (2) Procedures described The procedures described in this paragraph are the 50 most common diagnosis-related groups and ambulatory payment classification groups for which payment is made under this title, as determined by the Secretary based on claims data, in both the inpatient and outpatient settings. (3) Transparency (A) In general In order to be beneficial to consumers, the reporting of data under this subsection shall be done in a manner that is transparent to the general public. (B) Public availability of information The Secretary shall post data submitted under paragraph (1) on a publicly accessible and searchable Internet website in a form and manner that— (i) allows for meaningful comparisons of hospital collections and related policies by zip code; and (ii) is readily understandable by a typical consumer. (C) Linking of data A subsection (d) hospital shall include a link to the data posted under subparagraph (B) on the home Internet website of the hospital. . (b) Effective date The amendments made by this section shall apply to contracts entered into, or renewed, on or after the date of the enactment of this Act. 3. Inclusion of information on charity care furnished by hospitals in MedPAC's annual report Each annual report submitted to Congress after the date of the enactment of this Act by the Medicare Payment Advisory Commission under section 1805 of the Social Security Act ( 42 U.S.C. 1395b–6 4. Public availability of report on trends in levels of charity care provided by certain hospitals (a) Posting of data Section 9007(e)(2) of the Patient Protection and Affordable Care Act ( Public Law 111–148 (C) Public availability The Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, shall post the data contained in the report under subparagraph (B) on a publicly accessible and searchable website that— (i) allows for meaningful comparisons of the data by zip code; and (ii) is readily understandable by a typical consumer. . (b) Medicare requirement for hospitals To provide a link to the data on the hospital's home webpage (1) In general Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)), as amended by section 2, is amended— (A) in subparagraph (X), by striking and (B) in subparagraph (Y), by striking the period at the end and inserting , and (C) by inserting after subparagraph (Y) the following new subparagraph: (Z) in the case of hospitals and critical access hospitals, to include a link on the home Internet website of the hospital or critical access hospital to the data posted under section 9007(e)(2)(C) of the Patient Protection and Affordable Care Act. . (2) Effective date The amendments made by paragraph (1) shall apply to contracts entered into, or renewed, on or after the date of the enactment of this Act.	Consumer Learning through Electronically-Accessible and Reasonable Cost Information Act of 2013
National Rare Earth Cooperative Act of 2014 - Establishes the Thorium-Bearing Rare Earth Refinery Cooperative to provide for the domestic processing of thorium-bearing rare earth concentrates as residual unprocessed and unrefined ores. Requires the Cooperative's Board to establish a refinery and a Thorium Storage, Energy, and Industrial Products Corporation to develop uses and markets for thorium, including energy. Directs the Secretary of Defense (DOD) to coordinate with other federal agencies to advance and protect: (1) domestic rare earth mining, (2) the refining of rare earth elements, (3) basic rare earth metals production, and (4) the development and commercialization of thorium. Authorizes the Secretary to acquire and maintain a 10% equity stake in the Cooperative in accordance with the Strategic and Critical Materials Stock Piling Act for the purpose of accessing strategic rare earth materials and eliminating the need to acquire them under such Act.	To provide for the establishment of a National Rare Earth Refinery Cooperative, and for other purposes. 1. Short title This Act may be cited as the National Rare Earth Cooperative Act of 2014 2. Findings; statement of policy (a) Findings Congress makes the following findings: (1) Heavy rare earth elements are critical for the national defense of the United States, advanced energy technologies, and other desirable commercial and industrial applications. (2) The Government Accountability Office has confirmed that the monopoly control of the People's Republic of China over the rare earth value chain has resulted in vulnerabilities in the procurement of multiple United States weapons systems. (3) China has leveraged its monopoly control over the rare earth value chain to force United States, European, Japanese, and Korean corporations to transfer manufacturing facilities, technology, and jobs to China in exchange for secure supply contracts. (4) China’s increasingly aggressive mercantile behavior has resulted in involuntary transfers of technology, manufacturing, and jobs resulting in onerous trade imbalances with the United States and trading partners of the United States. (5) Direct links exist between heavy rare earth mineralogy and thorium. (6) Thorium is a mildly radioactive element commonly associated with the lanthanide elements in the most heavy rare earth deposits that are located in the United States and elsewhere. (7) Regulations regarding thorium represent a barrier to the development of a heavy rare earth industry that is based in the United States. (8) Balancing the strategic national interest objectives of the United States against economic and environmental risks are best met through the creation of a rare earth cooperative. (9) A rare earth cooperative could— (A) greatly increase rare earth production; (B) ensure environmental safety; and (C) lower the cost of the production and financial risks faced by rare earth producers in the United States. (10) Historically, agricultural and electric cooperatives have stood as one of the greatest success stories of the United States. (b) Statement of policy It is the policy of the United States to advance domestic refining of heavy rare earth materials and the safe storage of thorium in anticipation of the potential future industrial uses of thorium, including energy, as— (1) thorium has a mineralogical association with valuable heavy rare earth elements; (2) there is a great need to develop domestic refining capacity to process domestic heavy rare earth deposits; and (3) the economy of the United States would benefit from the rapid development and control of intellectual property relating to the commercial development of technology utilizing thorium. 3. Definitions In this Act: (1) Actinide The term actinide (2) Consumer member (A) In general The term consumer member (i) an entity that is part of, or has a role in, the value chain for rare earth materials or rare earth products, including from the refined oxide stage to the stage in which the rare earth elements are finished in any physical or chemical form (including oxides, metals, alloys, catalysts, or components); or (ii) a consumer of rare earth products. (B) Inclusions The term consumer member (i) a producer of or other entity that is part of the value chain for rare earth materials, including original equipment manufacturer producers, whose place of business is located in or outside the United States; (ii) a defense contractor or contractors in the United States; and (iii) any government agency in the United States or outside the United States that invests in the Cooperative. (3) Cooperative The term Cooperative (4) Cooperative Board The term Cooperative Board (5) Corporation The term Corporation (6) Corporation Board The term Corporation Board (7) Executive Committee The term Executive Committee (8) Initial board of directors The term Initial Board of Directors (9) Institution of higher education The term institution of higher education (10) National laboratory The term national laboratory 42 U.S.C. 15801 (11) Secretary The term Secretary (12) Supplier member The term supplier member (13) Tolling The term tolling (A) the producer retains ownership and control of the finished product; and (B) pays to the Cooperative a fee for services rendered by the Cooperative. (14) Unprocessed and unrefined ore The term unprocessed and refined ore 4. Thorium-Bearing Rare Earth Refinery Cooperative (a) Establishment (1) In general There is established a Cooperative, to be known as the Thorium-Bearing Rare Earth Refinery Cooperative (2) Federal charter; ownership The Cooperative shall operate under a Federal charter. (3) Membership (A) Composition The Cooperative shall be comprised of— (i) supplier members; and (ii) consumer members. (B) Supplier members (i) In general As a condition of entering into a contract to supply the Cooperative with rare earth ores, supplier members shall provide rare earth concentrates to the Cooperative at market price. (ii) Capital contributions Any supplier member that makes significant capital contributions to the Cooperative, as determined by the Cooperative Board, may become a consumer member for purposes of the distribution of profits of the Cooperative under subparagraph (D). (C) Consumer member A consumer member— (i) shall make capital contributions to the Cooperative in exchange for entering into negotiated supply agreements; and (ii) in accordance with the agreements entered into under clause (i), may acquire finished rare earth products from the Cooperative at market price. (D) Distribution of profits Any profits of the Cooperative shall be distributed between supplier members and consumer members in accordance with a formula established by the Cooperative Board. (b) Management (1) Initial board of directors (A) In general As soon as practicable after the date of the enactment of this Act, the Secretary shall appoint the Initial Board of Directors for the Cooperative, comprised of 5 members, of whom— (i) 1 member shall represent the Defense Logistics Agency Strategic Materials program of the Department of Defense; (ii) 1 member shall represent the Assistant Secretary of Defense for Research and Engineering; (iii) 1 member shall represent United States advocacy groups for rare earth producers and original equipment manufacturing interests; (iv) 1 member shall represent the United States Geological Survey; and (v) 1 member who shall— (I) not be affiliated with a Federal agency; and (II) be recommended for appointment by a majority vote of the other members of the Initial Board of Directors appointed under clauses (i) through (iv). (B) Duties The Initial Board of Directors shall— (i) establish a charter, bylaws, and rules of governance for the Cooperative; (ii) make formative business decisions on behalf of the Cooperative; and (iii) assist in the formation of, and the provision of tasks and assignments to, the Corporation. (C) Standing member The member appointed under subparagraph (A)(v) shall remain on the Cooperative Board and Corporation Board, until such time as— (i) the member voluntarily resigns; or (ii) a majority of the members of the Cooperative Board and a majority of the members of the Corporation Board vote to remove the member from the Cooperative Board and the Corporation Board. (D) Termination The Initial Board of Directors shall terminate on the date on which the initial members of the Cooperative Board are appointed under paragraph (2). (2) Board of directors (A) In general The Board of Directors of the Cooperative shall be comprised of 9 members, to be selected in accordance with the bylaws of the Cooperative established under paragraph (1)(B)(i), of whom— (i) 5 members shall be consumer members; (ii) 2 members shall be supplier members; (iii) 1 member shall represent an advocacy group for defense contractors, other rare earth consumers, and suppliers who are not represented by the Board or through direct ownership in the Cooperative; and (iv) 1 member shall be the member of the Initial Board of Directors appointed under paragraph (1)(A)(v). (B) Powers The Cooperative Board may— (i) prescribe the manner in which business shall be conducted by the Cooperative; (ii) determine pay-out ratio formulas for consumer members and supplier members, based on— (I) the capital stock ratios of consumer members; and (II) the value of supply member contracts, as determined based on the volume, term, and distributions of rare earth concentrates relative to processing costs; and (iii) evaluate technologies and processes for the efficient extraction and refining of rare earth materials from various thorium-bearing ores. (C) Refinery and office locations The Cooperative Board shall establish the refinery and offices for the Cooperative at any locations determined to be appropriate by the Cooperative Board. (c) Powers; duties (1) Investment partnerships The Cooperative shall seek to enter into domestic and international investment partnerships for the development of the refinery. (2) Agreements; direct sales The Cooperative may— (A) enter into equity, financial, and supply-based agreements or arrangements with value-added intermediaries, equipment manufacturers, consumers of rare earth products, and Federal, State, or local agencies to provide economic incentives, leases, or public financing; and (B) engage in direct market sales of rare earth products. (3) Supply contracts and tolling services (A) In general The Cooperative may— (i) directly purchase rare earth materials obtained from any byproduct producers of rare earths; (ii) transport those materials in accordance with part 40 of title 10, Code of Federal Regulations (or any corresponding similar regulation or ruling); (iii) offer supplier members short-term or direct purchase contracts; and (iv) allow primary rare earth producers to be tolling customers of the Cooperative. (B) Requirements A tolling customer under subparagraph (A)(iii) shall— (i) retain control of the rare earth products during the processing, refining, or value adding of the rare earth products by the Cooperative; and (ii) take possession of the rare earth products after— (I) tolling services are rendered by the Cooperative; and (II) the Cooperative has received payment in full for the tolling services rendered. (C) Fee The Cooperative may charge tolling customers under subparagraph (A)(iii) a tolling fee not to exceed the sum of— (i) the amount equal to 110 percent of the total cost for tolling services rendered by the Cooperative on behalf of the tolling customer; and (ii) the amount equal to 5 percent of the market value of the finished product provided to the tolling customer by the Cooperative. (D) Applicable law Any contract among consumer members, supplier members, tolling customers, and direct purchase suppliers entered into under subparagraph (A)(iii) shall be protected as provided in sub section 552(b)(4) (E) Limitations A direct purchase consumer under subparagraph (A)(ii) or a tolling customer under subparagraph (A)(iii)— (i) shall not be considered to be a supplier member or otherwise be considered a member of the Cooperative for purposes of this Act; and (ii) shall not participate in Cooperative profits or have voting rights with respect to the Cooperative. (d) Audits (1) In general The Cooperative shall retain an independent auditor to evaluate the extent to which Federal funds, if any, made available to the Cooperative for research and development activities have been expended in a manner that is consistent with the purposes of this Act and the charter, bylaws, and rules of the Cooperative. (2) Reports The auditor retained under paragraph (1) shall submit to the Secretary of Defense, the Cooperative, and the Comptroller General of the United States an annual report containing the findings and determinations of the auditor. (3) Review by Comptroller General The Comptroller General of the United States shall— (A) review each annual report submitted to the Comptroller General by the auditor under paragraph (2); and (B) submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the comments of the Comptroller General on the accuracy and completeness of the report and any other matters relating to the report that the Comptroller General considers appropriate. (e) Reimbursement of Federal Government Not later than 7 years of the date of the enactment of this Act, the Cooperative shall reimburse the Federal Government for administrative costs associated with the establishment of its charter. 5. Thorium Storage, Energy, and Industrial Products Corporation (a) Establishment (1) In general As soon as practicable after the date of the enactment of this Act, the Cooperative Board, in consultation with the Secretary of Defense, shall establish the Thorium Storage, Energy, and Industrial Products Corporation to develop uses and markets for thorium, including energy. (2) Federal charter The Corporation shall operate under a Federal charter. (b) Management (1) Board of directors (A) In general The Board of Directors of the Corporation shall be composed of 5 members. (B) Initial members The initial members of the Corporation Board shall consist of the following members, to be appointed by the Secretary of Defense: (i) 1 member, who shall represent the Assistant Secretary of Defense for Research and Engineering. (ii) 1 member, who shall represent the Advanced Energy Program of the Defense Advanced Research Project Agency. (iii) 1 member, who shall represent United States advocacy groups for commercial development of thorium in nuclear energy systems. (iv) 1 member, who shall represent a national laboratory. (v) 1 member, who is the member of the Initial Board of Directors appointed under section 4(b)(1)(A)(v). (C) Subsequent members Subject to subparagraphs (A) and (D), subsequent members of the Corporation Board and Executive Committee shall be appointed in accordance with the bylaws of the Corporation established under paragraph (2)(B)(i). (D) Standing members The initial members appointed under clauses (iv) and (v) of subparagraph (B) shall remain on the Corporation Board and the Executive Committee, until such time as— (i) the members voluntarily resign; (ii) in the case of a member appointed under subparagraph (B)(iv), a majority of the members of the Corporation Board vote to remove the member from the Corporation Board; or (iii) in the case of a member appointed under subparagraph (B)(v), a majority of the members of the Corporation Board and a majority of the members of the Cooperative Board vote to remove the member from the Corporation Board and the Cooperative Board. (2) Executive committee (A) In general The Executive Committee for the Corporation shall be composed of the initial members of the Corporation Board appointed under clauses (iv) and (v) of paragraph (1)(B). (B) Duties The Executive Committee shall— (i) establish the charter, rules of governance, bylaws, and corporate structure for the Corporation; and (ii) make formative business decisions with respect to the Corporation. (c) Powers (1) Establishment of subsequent entities (A) In general The Corporation may establish 1 or more entities, to be known as an Industrial Products Corporation (i) alloys; (ii) catalysts; (iii) medical isotopes; and (iv) other products. (B) Authority of entities The entities described in subparagraph (A) may— (i) develop standards, procedures, and protocols for the approval of commercial and industrial applications for thorium; (ii) carry out directly the production and sale of thorium-related non-energy products; and (iii) sell or license any production or sales rights to third parties. (C) Sale or distribution of industrial products corporation; creation of businesses and partnerships To develop and commercialize non-energy uses for thorium, the Corporation Board may— (i) create, sell, or distribute the equity of an entity described in subparagraph (A); and (ii) establish partnerships with Federal agencies, foreign governments, and private entities relating to businesses and activities of the entity. (2) Sale or distribution of corporation equity; creation of partnerships To develop and commercialize thorium energy, the Corporation may sell or distribute equity and establish partnerships with the United States and foreign governments and private entities— (A) to create capital; (B) to develop intellectual property; (C) to acquire technology; (D) to establish business partnerships and raw material supply chains; (E) to commercially develop thorium energy systems; (F) to commercially develop systems for the reduction of spent fuel; (G) to develop hardened energy systems for the United States military; and (H) to develop process heat technologies systems for coal-to-liquid fuel separation, desalinization, chemical synthesis, and other applications. (d) Duties (1) Ownership of thorium and related actinides The Corporation shall— (A) on a preprocessing basis, assume liability for and ownership of all thorium and mineralogically associated or related actinides and decay products contained within the monazite and other rare earth mineralizations in the possession of the Cooperative; (B) after the Cooperative has separated the thorium from the rare earth concentrates, take physical possession and safely store all thorium-containing actinide byproducts, with the costs of the storage to be paid by the Corporation from fees charged or revenue from sales of other valuable actinides; (C) develop new markets and uses for thorium; (D) develop energy systems from thorium; and (E) develop, manage, and control national and international energy leasing and distribution platforms related to thorium energy systems. (2) Safe, long-term storage; development of uses and markets The Corporation shall— (A) in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Energy, be responsible for the safe, long-term storage for all thorium and thorium decay products generated through the Cooperative, consistent with part 192 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this Act), while taking into account the low relative risks relating to thorium; and (B) develop uses and markets for thorium, including energy, including by coordinating and structuring domestic and international investment partnerships for the development of commercial and industrial uses for thorium. (e) Audits (1) In general The Corporation shall retain an independent auditor to evaluate the extent to which Federal funds, if any, made available to the Corporation for research and development activities have been expended in a manner that is consistent with the purposes of this Act and the charter, bylaws, and rules of the Corporation. (2) Reports The auditor retained under paragraph (1) shall submit to the Secretary of Defense, the Corporation, and the Comptroller General of the United States an annual report containing the findings and determinations of the auditor. (3) Review by Comptroller General The Comptroller General of the United States shall— (A) review each annual report submitted to the Comptroller General by the auditor under paragraph (2); and (B) submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the comments of the Comptroller General on the accuracy and completeness of the report and any other matters relating to the report that the Comptroller General considers appropriate. (f) Reimbursement of Federal Government Not later than 7 years of the date of the enactment of this Act, the Corporation shall reimburse the Federal Government for administrative costs associated with the establishment of its charter. 6. Duties of Secretary of Defense (a) Advancement of rare earth initiatives The Secretary shall coordinate with other Federal agencies to advance and protect— (1) domestic rare earth mining; (2) the refining of rare earth elements; (3) basic rare earth metals production; and (4) the development and commercialization of thorium, including— (A) energy technologies and products; and (B) products containing thorium. (b) Annual reports Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that, for the period covered by the report— (1) contains a description of the progress in the development of— (A) a domestic rare earth refining capacity; and (B) commercial uses and energy-related uses for thorium; and (2) takes into account each report submitted to the Secretary by the Cooperative and the Corporation. (c) Federal agencies; national laboratories Each Federal agency (including the Nuclear Regulatory Commission and the Defense Advanced Research Projects Agency), each national laboratory, and each facility funded by the Federal Government shall provide assistance to the Cooperative and the Corporation under this Act. (d) Institutions of higher education Each institution of higher education is encouraged— (1) to develop training and national expertise in the field of thorium development; and (2) to promote— (A) the marketing of thorium; (B) the advancement of the strategic uses of thorium; and (C) salt chemistry science and radio chemists. 7. Authorization of Department of Defense to establish equity stake in Cooperative The Secretary may acquire and maintain a 10 percent equity stake in the Cooperative in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq.	National Rare Earth Cooperative Act of 2014
Preventing Regulatory Overreach To Enhance Care Technology Act of 2014 or the PROTECT Act of 2014 - Expresses the sense of Congress concerning: interagency coordination to foster health information technology and mobile health innovation, development of legislation to establish a risk-based regulatory framework for clinical software and health software, oversight by the National Institute of Standards and Technology (NIST) of technical standards used by clinical software, and work by NIST on next steps regarding health information technology, such as collaborating with nongovernmental entities to develop certification processes and to promote best practice standards. Excepts clinical software and health software from regulation under the Federal Food, Drug, and Cosmetic Act and excludes the terms from the meaning of "device." Defines "clinical software" as clinical decision support software or other software intended for human or animal use that: (1) captures, analyzes, changes, or presents patient or population clinical data or information and may recommend courses of clinical action, but does not directly change the structure or any function of the body; and (2) is intended to be marketed for use only by a health care provider in a health care setting. Defines "health software" as software: (1) that captures, analyzes, changes, or presents patient or population clinical data or information; (2) that supports administrative or operational aspects of health care and is not used in the direct delivery of patient care; or (3) whose primary purpose is to act as a platform for a secondary software, to run or act as a mechanism for connectivity, or to store data.	To amend the Federal Food, Drug, and Cosmetic Act to provide for regulating clinical and health software, and for other purposes. 1. Short title This Act may be cited as the Preventing Regulatory Overreach To Enhance Care Technology Act of 2014 PROTECT Act of 2014 2. Findings; sense of Congress (a) Findings Congress finds as follows: (1) The mobile health and mobile application economy was created in the United States and is now being exported globally, with the market expected to exceed $26,000,000,000 by 2017. (2) The United States mobile application economy is responsible for nearly 500,000 new jobs in the United States. (3) Consumer health information technologies, including smart phones and tablets, have the potential to transform health care delivery through reduced systemic costs, improved patient safety, and better clinical outcomes. (4) Clinical and health software innovation cycles evolve and move faster than the existing regulatory approval processes. (5) Consumers and innovators need a new risk-based framework for the oversight of clinical and health software that improves on the framework of the Food and Drug Administration. (6) A working group convened jointly by the Food and Drug Administration, the Federal Communications Commission, and the Office of the National Coordinator for Health Information Technology identified in a report that there are several major barriers to the effective regulation of health information technology that cannot be alleviated without changes to existing law. (b) Sense of Congress It is the sense of Congress that— (1) the President and Congress must intervene to facilitate interagency coordination across regulators that focuses agency efforts on fostering health information technology and mobile health innovation while better protecting patient safety, improving health care, and creating jobs in the United States; (2) the President and the Congress should work together to develop and enact legislation that establishes a risk-based regulatory framework for such clinical software and health software that reduces regulatory burdens, fosters innovation, and, most importantly, improves patient safety; (3) The National Institute of Standards and Technology should be the Federal agency that has oversight over technical standards used by clinical software; and (4) The National Institute of Standards and Technology, in collaboration with the Federal Communications Commission, the National Patient Safety Foundation, and the Office of the National Coordinator for Health Information Technology, should work on next steps, beyond current oversight efforts, regarding health information technology, such as collaborating with nongovernmental entities to develop certification processes and to promote best practice standards. 3. Clinical software and health software (a) Definitions Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 (ss) (1) The term clinical software (A) captures, analyzes, changes, or presents patient or population clinical data or information and may recommend courses of clinical action, but does not directly change the structure or any function of the body of man or other animals; and (B) is intended to be marketed for use only by a health care provider in a health care setting. (2) The term health software (A) that captures, analyzes, changes, or presents patient or population clinical data or information; (B) that supports administrative or operational aspects of health care and is not used in the direct delivery of patient care; or (C) whose primary purpose is to act as a platform for a secondary software, to run or act as a mechanism for connectivity, or to store data. (3) The terms clinical software health software (A) that is intended to interpret patient-specific device data and directly diagnose a patient or user without the intervention of a health care provider; (B) that conducts analysis of radiological or imaging data in order to provide patient-specific diagnostic and treatment advice to a health care provider; (C) whose primary purpose is integral to the function of a drug or device; or (D) that is a component of a device. . (b) Prohibition Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. 524B. Clinical software and health software Clinical software and health software shall not be subject to regulation under this Act. . 4. Exclusion from definition of device Section 201(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(h) The term device	Preventing Regulatory Overreach To Enhance Care Technology Act of 2014
SCORE for Small Business Act of 2014 - Amends the Small Business Act, with respect to the SCORE program (Service Corps of Retired Executives), to: (1) reauthorize such program for FY2015-FY2017; (2) modify requirements of such program with respect to the role of participating volunteers, program plans and goals, and reporting; and (3) outline privacy requirements pertaining to the disclosure of information of businesses assisted under such program. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to repeal the program of assistance to microenterprises (i.e., businesses that have fewer than five employees and generally lack access to conventional loans, equity, or other banking services).	To strengthen resources for entrepreneurs by improving the SCORE program, and for other purposes. 1. Short title This Act may be cited as the SCORE for Small Business Act of 2014 2. SCORE Reauthorization Section 20 of the Small Business Act ( 15 U.S.C. 631 (1) by redesignating subsection (j) as subsection (f); and (2) by adding at the end the following: (g) SCORE program There are authorized to be appropriated to the Administrator to carry out the SCORE program authorized by section 8(b)(1) such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed— (1) $9,100,000 in fiscal year 2015; (2) $10,500,000 in fiscal year 2016; and (3) $10,500,000 in fiscal year 2017. . 3. SCORE program Section 8 of the Small Business Act ( 15 U.S.C. 637 (1) in subsection (b)(1)(B), by striking a Service Corps of Retired Executives (SCORE) the SCORE program described in subsection (c) (2) by striking subsection (c) and inserting the following: (c) SCORE program (1) Definition In this subsection, the term SCORE program (2) Volunteers A volunteer participating in the SCORE program shall— (A) based on the business experience and knowledge of the volunteer— (i) provide at no cost to individuals who own, or aspire to own, small business concerns personal counseling, mentoring, and coaching relating to the process of starting, expanding, managing, buying, and selling a business; and (ii) facilitate low-cost education workshops for individuals who own, or aspire to own, small business concerns; and (B) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. (3) Plans and goals The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program develop and implement plans and goals to more effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, and other traditionally underserved communities, including plans for electronic initiatives, web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program. (4) Annual report The SCORE Association shall submit to the Administrator an annual report that contains— (A) the number of individuals counseled or trained under the SCORE program; (B) the number of hours of counseling provided under the SCORE program; and (C) to the extent possible— (i) the number of small business concerns formed with assistance from the SCORE program; (ii) the number of small business concerns expanded with assistance from the SCORE program; and (iii) the number of jobs created with assistance from the SCORE program. (5) Privacy requirements (A) In general Neither the Administrator nor the SCORE Association may disclose the name, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of such individual or small business concern, unless— (i) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (ii) the Administrator determines such a disclosure to be necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. (B) Administrator use of information This paragraph shall not— (i) restrict the access of the Administrator to program activity data; or (ii) prevent the Administrator from using client information to conduct client surveys. (C) Regulations (i) In general The Administrator shall issue regulations to establish standards for— (I) disclosures with respect to financial audits under subparagraph (A)(II); and (II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. (ii) Maximum privacy protection The regulations issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection. (iii) Inspector general Until the effective date of the regulations issued under this subparagraph, any client survey and the use of any client information shall be approved by the Inspector General of the Administration, who shall include any such approval in the semi-annual report of the Inspector General. . 4. Repeal of authority for the Program for Investment in Microentrepreneurs (a) Repeal Subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 15 U.S.C. 6901 et seq. (b) Rule of construction Nothing in this section shall affect any grant or assistance provided under subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 15 U.S.C. 6901 et seq. 5. Technical and conforming amendments (a) Small Business Act The Small Business Act ( 15 U.S.C. 631 et seq. (1) in section 7(m)(3)(A)(i)(VIII) ( 15 U.S.C. 636(m)(3)(A)(i)(VIII) Service Corps of Retired Executives SCORE program (2) in section 22 ( 15 U.S.C. 649 (A) in subsection (b)— (i) in paragraph (1), by striking Service Corps of Retired Executives SCORE program (ii) in paragraph (3), by striking Service Corps of Retired Executives SCORE program (B) in subsection (c)(12), by striking Service Corps of Retired Executives SCORE program (b) Other laws (1) Section 621 of the Children's Health Insurance Program Reauthorization Act of 2009 ( 15 U.S.C. 657p (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) the term SCORE program ; and (B) in subsection (b)(4)(A)(iv), by striking Service Corps of Retired Executives SCORE program (2) Section 337(d)(2)(A) of the Energy Policy and Conservation Act ( 42 U.S.C. 6307(d)(2)(A) Service Corps of Retired Executives (SCORE) SCORE program	SCORE for Small Business Act of 2014
Rural Veterans Improvement Act of 2014 - Directs the Secretary of Veterans Affairs to provide mental health care to veterans who have a mental health issue resulting from a health condition incurred or aggravated in the line of duty and who live in a rural area or highly rural area through shared health facilities or by contracting with or providing payments to mental health care providers that are not otherwise affiliated with the Department of Veterans Affairs (VA) if the Secretary makes specified determinations related to the lack of accessibility to or availability of recommended or requested care from the VA. Requires the Secretary to report on the effectiveness of complementary and alternative medicine used by the VA in treating veterans with mental health conditions resulting from a health condition that was incurred or aggravated in the line of duty. Authorizes the Secretary to: (1) award grants of up to $100,000 to state veterans agencies, veterans service organizations, and/or tribal organizations to provide transportation to and from medical centers to veterans in rural and highly rural areas who would otherwise be eligible for reimbursement for or payment of travel expenses by the VA; and (2) carry out a pilot program to assess the feasibility and advisability of providing a housing allowance to health care providers of the VA who accept assignment at rural or highly rural community-based outpatient clinics. Directs the Secretary to establish a program to train health care professionals for assignment at community-based outpatient clinics that predominantly serve veterans who live in rural and highly rural areas. Requires the VA Secretary and the Secretary of Defense (DOD) to jointly establish a program to encourage an individual who serves in the Armed Forces with a military occupational specialty relating to the provision of health care to seek employment with the Veterans Health Administration when the individual is discharged or released from service or is contemplating separating from such service. Directs the Secretary to: (1) conduct a periodic assessment of community-based outpatient clinics in rural and highly rural areas to determine whether expansion and improvement of such clinics is feasible or advisable, and (2) report on the feasibility and advisability of establishing a Polytrauma Rehabilitation Center or Polytrauma Network Site in each area in which the nearest such center or site is more than 300 miles away.	To improve the provision of health care by the Department of Veterans Affairs to veterans in rural and highly rural areas, and for other purposes. 1. Short title This Act may be cited as the Rural Veterans Improvement Act of 2014 2. Provision of mental health care to certain veterans in rural and highly rural areas (a) In general The Secretary of Veterans Affairs shall provide mental health care to eligible veterans described in subsection (c) for which a determination has been made under subsection (d). (b) Use of other providers (1) In general The Secretary may provide mental health care under this section by contracting with or providing payments to mental health care providers that are not otherwise affiliated with the Department of Veterans Affairs and shall, to the extent feasible, use health care resources pursuant to existing arrangements, contracts, or agreements entered into under section 8153 (2) Payments The Secretary may not provide payments described in paragraph (1) that exceed the amount that the Secretary would otherwise expend in providing similar mental health care through the Department or under such existing arrangements, contracts, or agreements. (c) Eligible veterans An eligible veteran described in this subsection is a veteran that— (1) has a mental health issue resulting from post-traumatic stress disorder, traumatic brain injury, or any other health condition that was incurred or aggravated in line of duty in the active military, naval, or air service; and (2) lives in a rural area or highly rural area. (d) Determination The Secretary shall provide the care required by subsection (a) to an eligible veteran if the Secretary determines any of the following: (1) (A) A mental health care provider affiliated with the Department is not available to provide mental health care services to the eligible veteran at the medical facility of the Department that is nearest to the residence of the eligible veteran; and (B) (i) in-person and telehealth mental health care services from the Department are not available to the eligible veteran; (ii) the eligible veteran requests that a mental health care provider affiliated with the Department provide mental health care services to the eligible veteran in private and the provider is unable or unwilling to do so; or (iii) travel by the eligible veteran to a regional medical center of the Department is impractical or severely detrimental to the health of the eligible veteran. (2) That— (A) (i) a mental health care provider affiliated with the Department has recommended that a complementary and alternative therapy approved by the Food and Drug Administration be administered to the eligible veteran; (ii) the eligible veteran is a member of an Indian tribe or a Native Hawaiian and requests a healing method that is a cultural tradition of the eligible veteran; or (iii) a mental health care provider has recommended a treatment for the eligible veteran that, based on the medical knowledge of the health care provider, is safe and would assist the eligible veteran in coping with post-traumatic stress disorder, traumatic brain injury, or another mental health issue; and (B) (i) the eligible veteran has not received the therapy, healing method, or treatment described in subparagraph (A) because of the inaccessibility or unavailability of such treatment from a medical facility of the Department; and (ii) the eligible veteran, as a result of the mental health condition of the eligible veteran— (I) cannot work or maintain employment; (II) is at increased risk of doing physical harm to the eligible veteran or others; or (III) cannot adequately manage activities of daily life. (e) Indian tribe defined In this section, the term Indian tribe 25 U.S.C. 450b 3. Report on effectiveness of complementary and alternative medicine in treating veterans with certain mental illnesses Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the effectiveness of complementary and alternative medicine used by the Department of Veterans Affairs in treating veterans with mental health conditions resulting from post-traumatic stress disorder, traumatic brain injury, or any other health condition that was incurred or aggravated in line of duty in the active military, naval, or air service. 4. Grants to provide transportation to community-based outpatient clinics for veterans in rural and highly rural areas (a) Grants authorized (1) In general The Secretary of Veterans Affairs may award grants to eligible entities to provide transportation to veterans in rural and highly rural areas who would otherwise be eligible for reimbursement for or payment of travel expenses by the Department of Veterans Affairs pursuant to section 111 or section 111A of title 38, United States Code. (2) Maximum amount The Secretary may not award a grant under this section in an amount that exceeds $100,000. (3) No matching required The Secretary may not require that an eligible entity provide a contribution of funds as a condition of receiving the grant. (b) Eligible entities The Secretary may award grants under this section to any of the following entities: (1) State veterans agencies. (2) Veterans service organizations. (3) Tribal organizations. (c) Use of grants Eligible entities in receipt of a grant under this section may use the grant amount as follows: (1) To provide transportation to veterans in rural and highly rural areas to and from medical centers of the Department of Veterans Affairs, including transportation by air or sea if necessary. (2) To otherwise assist veterans in rural and highly rural areas with transportation in connection with the provision of medical care to those veterans, including transportation by air or sea if necessary. (d) Application (1) In general Each eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents Each application submitted pursuant to paragraph (1) shall contain a proposal for the manner in which the eligible entity seeks to provide the transportation described in subsection (a). (e) Priority The Secretary shall give priority in the awarding of grants under this section to applications submitted under subsection (d) that contain proposals that comply with section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 (f) Definitions In this section: (1) Tribal organization The term tribal organization 25 U.S.C. 450b (2) Veterans service organization The term veterans service organization section 5902 5. Pilot program on housing allowances for health care providers of the Department of Veterans Affairs accepting assignment at rural and highly rural community-based outpatient clinics (a) Pilot program authorized The Secretary of Veterans Affairs may carry out a pilot program to assess the feasibility and advisability of providing a housing allowance to health care providers of the Department of Veterans Affairs who accept assignment at rural or highly rural community-based outpatient clinics as a means of encouraging such health care providers to accept assignment to such clinics. (b) Eligibility An individual is eligible for participation in the pilot program if the individual— (1) is a health care provider; (2) is, or agrees to become, an employee of the Veterans Health Administration on a full-time basis in a health care position designated by the Secretary for purposes of the pilot program; and (3) accepts an assignment in such position for a term of not less than 36 months at a rural or highly rural community-based outpatient clinic selected by the Secretary for purposes of the pilot program. (c) Conditions on payment of housing allowance Except as provided in subsection (d)(3), an individual may be provided a housing allowance under the pilot program only while— (1) in good standing as a health care provider within the Veterans Health Administration; and (2) assigned as a health care provider at a rural or highly rural community-based outpatient clinic. (d) Amount of housing allowance (1) Monthly amount during initial term During the first 36 months of participation in the pilot program, the housing allowance provided a health care provider participating in the pilot program shall be provided on a monthly basis at a rate that is equivalent to the monthly rate of basic allowance for housing (BAH) payable under section 403 (2) Monthly amount for certain providers for additional term If upon completion of the first 36 months in the pilot program a health care provider accepts continuing participation in the pilot program at a rural or highly rural community-based outpatient clinic for a term of not less than 12 additional months, the housing allowance provided the health care provider under the pilot program shall be provided on a monthly basis for such additional months at a rate determined in accordance with paragraph (1). (3) Bonus amount (A) Completion of initial term Any health care provider who successfully completes 36 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to three months of the monthly rate of housing allowance provided the health care provider under paragraph (1) during the last month before the provider's completion of participation in the pilot program. (B) Completion of additional one-year term Any health care provider who successfully completes 48 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to 12 months of the monthly rate of housing allowance provided the health care provider under paragraph (2) during the last month before the provider's completion of participation in the pilot program. (C) Completion of additional two-year term Any health care provider who successfully completes 60 months of participation in the pilot program shall be paid upon completion of participation in the pilot program an amount equal to 13 months of the monthly rate of housing allowance provided the health care provider under paragraph (2) during the last month before the provider's completion of participation in the pilot program. (D) No requirement to remain on assignment An amount payable under this paragraph shall be paid whether or not the health care provider concerned remains in an assignment at a rural or highly rural community-based outpatient clinic. (e) Nature of allowance (1) Supplemental amount Any housing allowance provided under the pilot program shall be in addition to any pay (including basic pay, special pay, and retirement or other bonus pay) payable to personnel of the Veterans Health Administration personnel under chapter 74 of title 38, United States Code, or any other provision of law. (2) Exemption from taxation For purposes of the Internal Revenue Code of 1986, any housing allowance provided under the pilot program shall not be included in gross income. (f) Annual reports (1) In general Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter while the pilot program is in effect, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program. (2) Elements Each report submitted under paragraph (1) shall include the following: (A) A current description of the pilot program, including the current number of participants in the pilot program and the amounts of housing allowance being provided such participants. (B) A current assessment of the value of the housing allowance under the pilot program in encouraging health care providers in accepting assignment to rural and highly rural community-based outpatient clinics. (g) Funding Amounts for housing allowances under the pilot program shall be derived from amounts available for the Veterans Health Administration for Medical Services. (h) Sunset (1) In general No individual may commence participation in the pilot program on or after the date that is five years after the date of the enactment of this Act. (2) Continuation of on-going provision of allowance Nothing in paragraph (1) shall be construed to prohibit the Secretary from providing housing allowances under the pilot program to individuals who commence participation in the pilot program before the date that is five years after the date of the enactment of this Act. (i) Rural or highly rural community-Based outpatient clinic defined In this section, the term rural or highly rural community-based outpatient clinic 6. Program on training health care professionals for assignment at community-based outpatient clinics that predominantly serve veterans who live in rural and highly rural areas (a) Program required (1) In general The Secretary of Veterans Affairs shall establish a program to train health care professionals for assignment at community-based outpatient clinics that predominantly serve veterans who live in rural and highly rural areas. (2) Partnership with educational institutions (A) In general In carrying out the program, the Secretary may enter into partnerships with educational institutions. (B) Consultation If the Secretary enters into a partnership with an educational institution to carry out the program, the Secretary shall consult with the head of such educational institution with respect to the training and curriculum provided under the program at such educational institution. (b) Training The training provided to health care professionals under the program shall include the following courses: (1) Courses on general professional development of health care professionals. (2) Courses on providing health care to rural populations and specifically to rural veterans. (c) Curriculum The program shall include training with respect to health issues that commonly afflict veterans as specified by the Secretary. (d) Hiring preference (1) In general Each health care professional that completes the program and completes a three-year assignment at a community-based outpatient clinic that predominantly serves veterans who live in rural and highly rural areas shall receive a preference in selection for employment in the Veterans Health Administration at the end of such three-year assignment. (2) Degree of preference (A) In general The preference received under paragraph (1) shall be less than the preference given a veteran. (B) Veterans A veteran that receives a preference under paragraph (1) shall receive a greater preference than an individual that receives a preference under such paragraph who is not a veteran. 7. Encouraging and facilitating transition of military medical professionals into employment with Veterans Health Administration (a) Encouraging employment with Veterans Health Administration The Secretary of Veterans Affairs and the Secretary of Defense shall jointly establish a program to encourage an individual who serves in the Armed Forces with a military occupational specialty relating to the provision of health care to seek employment with the Veterans Health Administration when the individual has been discharged or released from service in the Armed Forces or is contemplating separating from such service. (b) Matching of military occupational specialties The Secretary of Veterans Affairs and the Secretary of Defense shall jointly identify military occupational specialties relating to the provision of health care and match such occupational specialties with occupations and positions of employment within the Veterans Health Administration for which experience in such military occupational specialty qualifies one for employment in such occupation or position of employment. (c) Facilitation of transition to employment with Veterans Health Administration The Secretary of Veterans Affairs and the Secretary of Defense shall prescribe such regulations and take such actions as may be necessary to facilitate the transition of individuals with military occupational specialties identified under subsection (b) into the corresponding occupations and positions of employment with the Veterans Health Administration under such subsection. 8. Assessment of community-based outpatient clinics in rural and highly rural areas (a) Assessment (1) In general The Secretary of Veterans Affairs shall conduct a periodic assessment of community-based outpatient clinics in rural and highly rural areas to determine whether expansion and improvement of community-based outpatient clinics in those areas is feasible or advisable. (2) Elements Each periodic assessment required by subsection (a) shall include the following with respect to each community-based outpatient clinic assessed: (A) An assessment of whether the facility— (i) meets applicable building code requirements; (ii) meets applicable health care requirements related to privacy; (iii) has the capacity to handle the number of patients that seek care at the facility; (iv) has sufficient parking for patients that seek care at the facility; (v) has adequate access to broadband technology to allow the use or expansion of telehealth services at the facility; and (vi) has the capacity to properly store and dispose of medical and other hazardous waste. (B) A survey of health care providers who practice at the facility with respect to— (i) strengths of the facility; (ii) weaknesses of the facility; and (iii) areas in which the facility may be improved. (b) Report Not later than one year after the date of the enactment of this Act, and not less frequently than once each year thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives a report on the findings of the Secretary with respect to the most recently completed assessment conducted under subsection (a), including such recommendations as the Secretary may have for the expansion or improvement of community-based outpatient clinics in rural and highly rural areas. 9. Report on establishment of Polytrauma Rehabilitation Centers or Polytrauma Network Sites of the Department of Veterans Affairs in rural areas (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the feasibility and advisability of establishing a Polytrauma Rehabilitation Center or Polytrauma Network Site in each area in which the nearest Polytrauma Rehabilitation Center or Polytrauma Network Site is more than 300 miles away. (b) Requirements (1) In general The report required by this section shall include the following: (A) An assessment of the adequacy of existing Polytrauma Rehabilitation Centers and Polytrauma Network Sites in providing care to veterans that live more than 300 miles from such facilities. (B) An assessment of the adequacy of existing Polytrauma Rehabilitation Centers and Polytrauma Network Sites in providing rehabilitation services pursuant to section 1710C (C) An assessment of the feasibility and advisability of establishing a Polytrauma Rehabilitation Center or Polytrauma Network Site in each State in which there is a medical center of the Department of Veterans Affairs. (D) An assessment of whether establishing new Polytrauma Rehabilitation Centers and Polytrauma Network Sites would be beneficial— (i) to the veteran population in general; (ii) to veterans who live— (I) more than 300 miles from the nearest Polytrauma Rehabilitation Center or Polytrauma Network Site; or (II) in a State in which there is not a Polytrauma Rehabilitation Center or Polytrauma Network Site; and (iii) to veterans who served in the active military, naval, or air service on or after September 11, 2001. (2) Budget for additional facilities If the Secretary determines that establishing additional Polytrauma Rehabilitation Centers and Polytrauma Network Sites is feasible and advisable, the Secretary shall include with the report required by subsection (a) a budget and plan for the establishment of those additional facilities. 10. Definitions In this Act: (1) Active military, naval, or air service The term active military, naval, or air service section 101 (2) Highly rural area The term highly rural area (3) Rural area The term rural area (4) Urbanized area The term urbanized area	Rural Veterans Improvement Act of 2014
Bureau of Reclamation Hydropower Development Equity and Jobs Act - Amends the Water Conservation and Utilization Act (WCUA) to: (1) authorize the Secretary of the Interior (acting through the Bureau of Reclamation) to enter into leases of power privileges for electric power generation in connection with any project constructed pursuant to such Act, using the processes, terms, and conditions applicable to the lease under the Reclamation Project Act of 1939; and (2) grant the Secretary authority over any project constructed pursuant to such Act in addition to and alternative to any existing authority relating to a particular project. Specifies that no findings required as prerequisites for construction of a water conservation or utilization project under WCUA shall be required for such a lease. Requires: (1) all right, title, and interest in and to installed power facilities constructed by non-federal entities pursuant to such a lease, and any direct revenues derived from such lease, to remain with the lessee; and (2) lease charges to be credited to the project from which the power is derived.	To amend the Water Conservation and Utilization Act to authorize the development of non-Federal hydropower and issuance of leases of power privileges at projects constructed pursuant to the authority of the Water Conservation and Utilization Act, and for other purposes. 1. Short title This Act may be cited as the Bureau of Reclamation Conduit Hydropower Development Equity and Jobs Act 2. Amendment Section 9 of the Act entitled An Act authorizing construction of water conservation and utilization projects in the Great Plains and arid semiarid areas of the United States 16 U.S.C. 590z–7 Water Conservation and Utilization Act (1) by striking In connection with (a) In connection with (2) by adding at the end the following: (b) Notwithstanding subsection (a), the Secretary is authorized to enter into leases of power privileges for electric power generation in connection with any project constructed under this Act, and shall have authority in addition to and alternative to any authority in existing laws relating to particular projects, including small conduit hydropower development. (c) When entering into leases of power privileges under subsection (b), the Secretary shall use the processes applicable to such leases under section 9(c) of the Reclamation Project Act of 1939 ( 43 U.S.C. 485h(c) (d) Lease of power privilege contracts shall be at such rates as, in the Secretary’s judgment, will produce revenues at least sufficient to cover the appropriate share of the annual operation and maintenance cost of the project and such fixed charges, including interest, as the Secretary deems proper. Lease of power privilege contracts shall be for periods not to exceed 40 years. (e) No findings under section 3 shall be required for a lease under subsection (b). (f) All right, title, and interest to installed power facilities constructed by non-Federal entities pursuant to a lease of power privilege, and direct revenues derived therefrom, shall remain with the lessee unless otherwise required under subsection (g). (g) Notwithstanding section 8, lease revenues and fixed charges, if any, shall be covered into the Reclamation Fund to be credited to the project from which those revenues or charges were derived. (h) When carrying out this section, the Secretary shall first offer the lease of power privilege to an irrigation district or water users’ association operating the applicable transferred conduit, or to the irrigation district or water users’ association receiving water from the applicable reserved conduit. The Secretary shall determine a reasonable timeframe for the irrigation district or water users’ association to accept or reject a lease of power privilege offer. If the irrigation district or water users’ association elects not to accept a lease of power privilege offer under subsection (b), the Secretary shall offer the lease of power privilege to other parties using the processes applicable to such leases under section 9(c) of the Reclamation Project Act of 1939 ( 43 U.S.C. 485h(c) (i) The Bureau of Reclamation shall apply its categorical exclusion process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (j) Nothing in this section shall obligate the Western Area Power Administration or the Bonneville Power Administration to purchase or market any of the power produced by the facilities covered under this section and none of the costs associated with production or delivery of such power shall be assigned to project purposes for inclusion in project rates. (k) Nothing in this section shall alter or impede the delivery and management of water by Bureau of Reclamation facilities, as water used for conduit hydropower generation shall be deemed incidental to use of water for the original project purposes. Lease of power privilege shall be made only when, in the judgment of the Secretary, the exercise of the lease will not be incompatible with the purposes of the project or division involved and shall not create any unmitigated financial or physical impacts to the project or division involved. The Secretary shall notify and consult with the irrigation district or legally organized water users’ association operating the transferred conduit in advance of offering the lease of power privilege and shall prescribe such terms and conditions necessary to adequately protect the planning, design, construction, operation, maintenance, and other interests of the United States and the project or division involved. (l) Nothing in this section shall alter or affect any agreements in effect on the date of the enactment of the Bureau of Reclamation Conduit Hydropower Development Equity and Jobs Act for the development of conduit hydropower projects or disposition of revenues. (m) In this section: (1) The term conduit (2) The term irrigation district (3) The term reserved conduit (4) The term transferred conduit (5) The term small conduit hydropower . 1. Short title This Act may be cited as the Bureau of Reclamation Hydropower Development Equity and Jobs Act 2. Amendment Section 9 of the Act of August 11, 1939 (commonly known as the Water Conservation and Utilization Act 16 U.S.C. 590z–7 (1) by striking In connection with (a) In general (2) by adding at the end the following: (b) Certain leases authorized (1) In general Notwithstanding subsection (a), the Secretary— (A) may enter into leases of power privileges for electric power generation in connection with any project constructed pursuant to this Act; and (B) shall have authority over any project constructed pursuant to this Act in addition to and alternative to any existing authority relating to a particular project. (2) Process In entering into a lease of power privileges under paragraph (1), the Secretary shall use the processes, terms, and conditions applicable to the lease under section 9(c) of the Reclamation Project Act of 1939 ( 43 U.S.C. 485h(c) (3) Findings not required No findings under section 3 shall be required for a lease under paragraph (1). (4) Rights retained by lessee Except as otherwise provided under paragraph (5), all right, title, and interest in and to installed power facilities constructed by non-Federal entities pursuant to a lease under paragraph (1), and any direct revenues derived from that lease, shall remain with the lessee. (5) Lease charges Notwithstanding section 8, lease charges shall be credited to the project from which the power is derived. (6) Effect Nothing in this section alters or affects any agreement in effect on the date of enactment of the Bureau of Reclamation Hydropower Development Equity and Jobs Act . July 31, 2014 Reported with an amendment	Bureau of Reclamation Hydropower Development Equity and Jobs Act
Stop Targeting of Political Beliefs by the IRS Act of 2014 - Requires the Internal Revenue Service (IRS) standards and definitions in effect on January 1, 2010, for determining whether an organization qualifies for tax-exempt status as an organization operated exclusively for social welfare to apply to such determinations after enactment of this Act. Prohibits the Secretary of the Treasury, or any delegate of the Secretary, from issuing, revising, or finalizing any regulation (including proposed regulations), revenue ruling, or other guidance not limited to a particular taxpayer relating to such standards and definitions. Terminates this Act one year after its enactment.	To prohibit the Internal Revenue Service from modifying the standard for determining whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) 1. Short title This Act may be cited as the Stop Targeting of Political Beliefs by the IRS Act of 2014 2. Applicable standard for determinations of whether an organization is operated exclusively for the promotion of social welfare (a) In general The standard and definitions as in effect on January 1, 2010, which are used to determine whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 shall apply for purposes of determining the status of organizations under section 501(c)(4) (b) Prohibition on modification of standard The Secretary of the Treasury may not (nor may any delegate of such Secretary) issue, revise, or finalize any regulation (including the proposed regulations published at 78 Fed. Reg. 71535 (November 29, 2013)), revenue ruling, or other guidance not limited to a particular taxpayer relating to the standard and definitions specified in subsection (a). (c) Application to organizations Except as provided in subsection (d), this section shall apply with respect to any organization claiming tax exempt status under section 501(c)(4) of the Internal Revenue Code of 1986 which was created on, before, or after the date of the enactment of this Act. (d) Sunset This section shall not apply after the one-year period beginning on the date of the enactment of this Act.	Stop Targeting of Political Beliefs by the IRS Act of 2014
Designer Anabolic Steroid Control Act of 2014 - Amends the Controlled Substances Act to: (1) expand the list of substances defined as "anabolic steroids"; (2) authorize the Attorney General to issue a temporary order adding a drug or other substance to the list of anabolic steroids; (3) impose enhanced criminal and civil penalties for possessing or trafficking in any anabolic steroid, or product containing an anabolic steroid, unless it bears a label clearly identifying the anabolic steroid by the nomenclature used by the International Union of Pure and Applied Chemistry; and (4) authorize the Attorney General to collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled. Specifies that a substance shall not be considered to be a drug or hormonal substance that is considered to be an anaboloic steroid if it is: (1) an herb or other botanical; (2) a concentrate, metabolite, or extract of, or a constituent isolated directly from, an herb or other botanical; (3) a combination of two or more such substances (i.e., botanical or concentrate, metabolite, or extract); or (4) a dietary ingredient for purposes of the Federal Food, Drug, and Cosmetic Act. Provides that any person claiming the benefit of an exemption or exception from being considered a drug or hormonal substance shall bear the burden of providing the appropriate evidence. Directs: (1) the United States Sentencing Commission to review and amend federal sentencing guidelines with respect to offenses involving anabolic steroids, and (2) the Administrator of the Drug Enforcement Administration (DEA) to report every two years on what anabolic steroids have been scheduled on a temporary basis under this Act.	To amend the Controlled Substances Act to more effectively regulate anabolic steroids. 1. Short title This Act may be cited as the Designer Anabolic Steroid Control Act of 2014 2. Amendments to the Controlled Substances Act (a) Definitions Section 102(41) of the Controlled Substances Act ( 21 U.S.C. 802(41) (1) in subparagraph (A)— (A) in clause (xlix), by striking and (B) by redesignating clause (xlx) as clause (lxxvii); and (C) by inserting after clause (xlix) the following: (l) 5α-Androstan-3,6,17-trione; (li) Androst-4-ene-3,6,17-trione; (lii) Androsta-1,4,6-triene-3,17-dione; (liii) 6-bromo-androstan-3,17-dione; (liv) 6-bromo-androsta-1,4-diene-3,17-dione; (lv) 4-chloro-17α-methyl-androsta-1,4-diene-3,17β-diol; (lvi) 4-chloro-17α-methyl-androst-4-ene-3β,17β-diol; (lvii) 4-chloro-17α-methyl-17β-hydroxy-androst-4-en-3-one; (lviii) 4-chloro-17α-methyl-17β-hydroxy-androst-4-ene-3,11-dione; (lix) 4-chloro-17α-methyl-androsta-1,4-diene-3,17β-diol; (lx) 2α,17α-dimethyl-17β-hydroxy-5α-androstan-3-one; (lxi) 2α,17α-dimethyl-17β-hydroxy-5β-androstan-3-one; (lxii) 2α,3α-epithio-17α-methyl-5α-androstan-17β-ol; (lxiii) [3,2-c]-furazan-5α-androstan-17β-ol; (lxiv) 3β-hydroxy-estra-4,9,11-trien-17-one; (lxv) 17α-methyl-androst-2-ene-3,17β-diol; (lxvi) 17α-methyl-androsta-1,4-diene-3,17β-diol; (lxvii) Estra-4,9,11-triene-3,17-dione; (lxviii) 18a-Homo-3-hydroxy-estra-2,5(10)-dien-17-one; (lxix) 6α-Methyl-androst-4-ene-3,17-dione; (lxx) 17α-Methyl-androstan-3-hydroxyimine-17β-ol; (lxxi) 17α-Methyl-5α-androstan-17β-ol; (lxxii) 17β-Hydroxy-androstano[2,3-d]isoxazole; (lxxiii) 17β-Hydroxy-androstano[3,2-c]isoxazole; (lxxiv) 4-Hydroxy-androst-4-ene-3,17-dione[3,2-c]pyrazole-5α-androstan-17β-ol; (lxxv) [3,2-c]pyrazole-androst-4-en-17β-ol; (lxxvi) [3,2-c]pyrazole-5α-androstan-17β-ol; and ; and (2) by adding at the end the following: (C) (i) Subject to clause (ii) and the limitations under section 201(i)(6), a drug or hormonal substance (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone) that is not listed in subparagraph (A) and is derived from, or has a chemical structure substantially similar to, 1 or more anabolic steroids listed in subparagraph (A) shall be considered to be an anabolic steroid for purposes of this Act if— (I) the drug or substance has been created or manufactured with the intent of producing a drug or other substance that either— (aa) promotes muscle growth; or (bb) otherwise causes a pharmacological effect similar to that of testosterone; or (II) the drug or substance has been, or is intended to be, marketed or otherwise promoted in any manner suggesting that consuming it will promote muscle growth or any other pharmacological effect similar to that of testosterone. (ii) A substance shall not be considered to be a drug or hormonal substance for purposes of this subparagraph if it— (I) is— (aa) an herb or other botanical; (bb) a concentrate, metabolite, or extract of, or a constituent isolated directly from, an herb or other botanical; or (cc) a combination of 2 or more substances described in item (aa) or (bb); and (II) is a dietary ingredient for purposes of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. (iii) In accordance with section 515(a), any person claiming the benefit of an exemption or exception under clause (ii) shall bear the burden of going forward with the evidence with respect to such exemption or exception. . (b) Classification authority Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by adding at the end the following: (i) Temporary and permanent scheduling of recently emerged anabolic steroids (1) The Attorney General may issue a temporary order adding a drug or other substance to the list of anabolic steroids if the Attorney General finds that— (A) the drug or other substance satisfies the criteria for being considered an anabolic steroid under section 102(41) but is not listed in that section or by regulation of the Attorney General as being an anabolic steroid; and (B) adding such drug or other substance to the list of anabolic steroids will assist in preventing the unlawful importation, manufacture, distribution, or dispensing of such drug or other substance. (2) An order issued under paragraph (1) shall not take effect until 30 days after the date of the publication by the Attorney General of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued. The order shall expire not later than 24 months after the date it becomes effective, except that the Attorney General may, during the pendency of proceedings under paragraph (5), extend the temporary scheduling order for up to 6 months. (3) A temporary scheduling order issued under paragraph (1) shall be vacated upon the issuance of a permanent scheduling order under paragraph (5). (4) An order issued under paragraph (1) is not subject to judicial review. (5) The Attorney General may, by rule, issue a permanent order adding a drug or other substance to the list of anabolic steroids if such drug or other substance satisfies the criteria for being considered an anabolic steroid under section 102(41). Such rulemaking may be commenced simultaneously with the issuance of the temporary order issued under paragraph (1). (6) If a drug or other substance has not been temporarily or permanently added to the list of anabolic steroids pursuant to this subsection, the drug or other substance shall be considered an anabolic steroid if in any criminal, civil, or administrative proceeding arising under this Act it has been determined in such proceeding, based on evidence presented in the proceeding, that the substance satisfies the criteria for being considered an anabolic steroid under paragraph (41)(A), (41)(C)(i), or (41)(C)(ii) of section 102. . (c) Labeling requirements (1) In general The Controlled Substances Act is amended by inserting after section 305 ( 21 U.S.C. 825 305A. Offenses involving false labeling of anabolic steroids (a) Unlawful acts (1) It shall be unlawful— (A) to import into the United States or to export from the United States; (B) to manufacture, distribute, dispense, sell, or offer to sell; or (C) to possess with intent to manufacture, distribute, dispense, sell, or offer to sell; any anabolic steroid, or any product containing an anabolic steroid, unless it bears a label clearly identifying any anabolic steroid contained in such steroid or product by the nomenclature used by the International Union of Pure and Applied Chemistry (IUPAC). (2) A product that is the subject of an approved application as described in section 505(b), (i) or (j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) (b) Criminal penalties Any person who violates subsection (a) knowing, intending, or having reasonable cause to believe, that the substance or product is an anabolic steroid, or contains an anabolic steroid, shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,500,000 if the defendant is other than an individual, or both. (c) Civil penalties (1) Any person who violates subsection (a) shall be subject to a civil penalty as follows: (A) In the case of an importer, exporter, manufacturer, or distributor (other than as provided in subparagraph (B)), up to $500,000 per violation. For purposes of this subparagraph, a violation is defined as each instance of importation, exportation, manufacturing, or distribution, and each anabolic steroid or product imported, exported, manufactured, or distributed. (B) In the case of a sale or offer to sell at retail, up to $25,000 per violation. For purposes of this subparagraph, each sale and each product offered for sale shall be considered a separate violation. Continued offers to sell by a person 10 or more days after written notice (including through electronic message) to the person by the Attorney General or the Secretary shall be considered additional violations. (2) In this subsection, the term product (d) Identification and publication of list of products containing anabolic steroids (1) The Attorney General may, in his discretion, collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled in accordance with this section. The Attorney General may publish in the Federal Register or on the website of the Drug Enforcement Administration a list of products that he has determined, based on substantial evidence, contain an anabolic steroid and are not labeled in accordance with this section. (2) The absence of a product from the list referred to in paragraph (1) shall not constitute evidence that the product does not contain an anabolic steroid. . (2) Table of contents The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 305 the following: Sec. 305A. Offenses involving false labeling of anabolic steroids. . 3. Sentencing commission guidelines The United States Sentencing Commission shall— (1) review and amend the Federal sentencing guidelines with respect to offenses involving anabolic steroids, including the offenses under section 305A of the Controlled Substance Act, as added by section 2; (2) amend the Federal sentencing guidelines, including notes to the drug quantity tables, to provide clearly that in a case involving an anabolic steroid not in a tablet, capsule, liquid, or other form where dosage can be readily ascertained (such as a powder, topical cream, gel, or aerosol), the sentence shall be determined based on the entire weight of the mixture or substance; (3) amend the applicable guidelines by designating quantities of mixture or substance that correspond to a unit so that offenses involving such forms of anabolic steroids are penalized at least as severely as offenses involving forms whose dosage can be readily ascertained; and (4) take such other action as the Commission considers necessary to carry out this Act and this section. 4. Congressional oversight The Administrator of the Drug Enforcement Administration shall report to Congress every 2 years— (1) what anabolic steroids have been scheduled on a temporary basis under the provisions of this Act; and (2) the findings and conclusions that led to such scheduling.	Designer Anabolic Steroid Control Act of 2014
Department of Veterans Affairs Management Accountability Act of 2014 - Authorizes the Secretary of Veterans Affairs to: (1) remove any employee of the Department of Veterans Affairs (VA) from a Senior Executive Service position upon determining such individual's performance warrants removal, and (2) remove such individual from the civil service or appoint the individual to a General Schedule position at any grade that the Secretary deems appropriate. Requires: (1) the Secretary to notify the House and Senate Veterans' Affairs committees within 30 days after removing such an individual, and (2) such removal to be done in the same manner as the removal of a professional staff member employed by a Member of Congress.	To amend title 38, United States Code, to provide for the removal of Senior Executive Service employees of the Department of Veterans Affairs for performance, and for other purposes. 1. Short title This Act may be cited as the Department of Veterans Affairs Management Accountability Act of 2014 2. Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance (a) In general Chapter 7 713. Senior Executive Service: removal based on performance (a) In general (1) Notwithstanding subchapter V of chapter 35 chapter 75 section 3132(a) (2) If the Secretary so removes such an individual, the Secretary may— (A) remove the individual from the civil service (as defined in section 2101 (B) appoint the individual to a General Schedule position at any grade of the General Schedule the Secretary determines appropriate. (b) Notice to Congress Not later than 30 days after removing an individual from the Senior Executive Service under subsection (a), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives notice in writing of such removal and the reason for such removal. (c) Manner of removal A removal under this section shall be done in the same manner as the removal of a professional staff member employed by a Member of Congress. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 713. Senior Executive Service: removal based on performance. .	Department of Veterans Affairs Management Accountability Act of 2014
GI Education Benefit Fairness Act of 2014 - Expands the definition of "children," for purposes of provisions allowing members or former members of the uniformed services who served on active duty for specified periods beginning on or after September 11, 2001, to transfer their entitlement to educational assistance, to mean an unmarried person who: (1) is placed in the legal custody of a member or former member by court order for at least 12 consecutive months, (2) has not attained the age of 21, (3) has not attained the age of 23 and is enrolled in a full-time course of study at an institution of higher learning, (4) is incapable of self support due to a mental or physical incapacity that occurred while such person was a dependent of the member or former member, (5) is dependent on the member or former member for over one-half of his or her support, (6) resides with the member or former member unless separated due to military service or institutionalization for a disability or incapacitation, and (7) is not a dependent of a member or former member under any other provision defining dependent.	To amend title 38, United States Code, to provide for clarification regarding the children to whom entitlement to educational assistance may be transferred under Post-9/11 Educational Assistance, and for other purposes. 1. Short title This Act may be cited as the GI Education Benefit Fairness Act of 2014 2. Clarification regarding the children to whom entitlement to educational assistance may be transferred under Post-9/11 Educational Assistance (a) In general Subsection (c) of section 3319 (c) Eligible dependents (1) Transfer An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual’s entitlement as follows: (A) To the individual’s spouse. (B) To one or more of the individual’s children. (C) To a combination of the individuals referred to in subparagraphs (A) and (B). (2) Definition of children For purposes of this subsection, the term children section 1072(2)(I) . (b) Applicability The amendment made by subsection (a) shall apply with respect to educational assistance payable under chapter 33	GI Education Benefit Fairness Act of 2014
Welfare Reform and Upward Mobility Act - Amends the Food and Nutrition Act of 2008 to declare that it should be the purpose of the supplemental nutrition assistance program (SNAP, formerly the food stamp program) to increase employment, encourage healthy marriage, and promote prosperous self-sufficiency, which means the ability of households to maintain an income above the poverty level without services and benefits from the federal government. Declares that food or a food product shall be considered a food under such Act only if it is a bare essential (as determined by the Secretary of Agriculture [USDA]). Defines "able-bodied, work capable adult" and "physically or mentally incapable of work." Prescribes additional conditions of participation, denying SNAP eligibility, for instance, to any able-bodied, work-capable adult who: (1) refuses to register for employment or without good cause accept an offer of employment at a certain wage, (2) refuses without good cause to give a state agency sufficient information of his or her employment status or job availability, (3) voluntarily quits a job or reduces work effort below 30 hours a week unless another adult in the same family unit increases employment to make up the difference, or (4) is on strike because of a labor dispute other than a lockout. Revises SNAP eligibility requirements for students with dependent children. Denies SNAP eligibility to members of a program-eligible family required by the state agency to participate in work activation unless the relevant one or more adults in such family comply with the work activation standards. Terminates benefits for all family members for failure to participate in work activation during a given month. Prescribes work activation standards for a family unit with adult members required to participate in work activation. Requires each state participating in SNAP to carry out a work activation program whose goals are to: (1) encourage and assist able-bodied, work-capable adult SNAP recipients to obtain paid employment; (2) reduce dependence on government assistance; and (3) ensure that able-bodied, work-capable adult SNAP recipients make a contribution to society and the taxpayers in exchange for assistance received. Sets forth mandatory state work activation participation rates. Prescribes requirements for: (1) funding reductions as a penalty for inadequate state performance, (2) restoration in funding resulting from improved state performance, and (3) rewards to states for reducing government dependence. Amends the American Recovery and Reinvestment Act of 2009 to terminate its temporary increase in SNAP benefits. Requires the President's budget to include the total level of means-tested welfare spending by the federal government as well as the total by all states, local governments, and the federal government for the most recent year for which such data is available, and estimated levels for the fiscal year during which the budget submission is made. Amends the Congressional Budget Act of 1974 to define "means-tested welfare spending" and specifies the federal programs on which welfare spending shall be means-tested, and which federal programs shall not be. Requires reports to congressional budget committees and the concurrent resolution on the budget to include specified information with respect to means-tested welfare spending, and requires a point of order in both chambers of Congress if the means-tested welfare spending limit is to be exceeded. Amends the Social Security Act (SSA) to authorize the Secretary of Health and Human Services (HHS) to make grants to states to reward reductions in poverty and government dependence and increases in self-sufficiency. Restricts funding for health benefits coverage that includes abortion.	To help individuals receiving assistance under means-tested welfare programs obtain self-sufficiency, to provide information on total spending on means-tested welfare programs, to provide an overall spending limit on means-tested welfare programs, and for other purposes. 1. Short title This Act may be cited as the Welfare Reform and Upward Mobility Act 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Modifications to supplemental nutrition assistance program Sec. 101. Work requirements. Sec. 102. Termination of benefit increase. TITLE II—Reporting of means-tested welfare spending in President’s budget submission Sec. 201. Additional information in President’s budget submission. TITLE III—Aggregate cap for means-tested welfare spending Sec. 301. Definition of means-tested welfare spending. Sec. 302. Reports to budget committees. Sec. 303. Content of concurrent resolutions on the budget. Sec. 304. Allocations of means-tested welfare spending. Sec. 305. Reconciliation. TITLE IV—Grants to promote self-sufficiency Sec. 401. Grants to States. TITLE V—Prohibition on funding of abortion Sec. 501. Prohibition on funding for abortions. Sec. 502. Prohibition on funding for health benefits plans that cover abortion. Sec. 503. Prohibition on tax benefits relating to abortion. Sec. 504. Construction relating to separate coverage. Sec. 505. Construction relating to the use of non-Federal funds for health coverage. Sec. 506. Treatment of abortions related to rape, incest, or preserving the life of the mother. I Modifications to supplemental nutrition assistance program 101. Work requirements (a) Declaration of policy Section 2 of the Food and Nutrition Act of 2008 (7 U.S.C. 2011) is amended by adding at the end the following: Congress further finds that it should also be the purpose of the supplemental nutrition assistance program to increase employment, to encourage healthy marriage, and to promote prosperous self-sufficiency, which means the ability of households to maintain an income above the poverty level without services and benefits from the Federal Government. (b) Definition of food Section 3(k) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(k) , except that a food, food product, meal, or other item described in this subsection shall be considered a food under this Act only if it is a bare essential (as determined by the Secretary) (c) Other definitions Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 (w) Able-Bodied, work-Capable adult (1) In general The term able-bodied, work-capable adult (A) is more than 18, and less than 63, years of age; (B) is not physically or mentally incapable of work; and (C) is not the full-time caretaker of a disabled adult dependent. (2) Physically or mentally incapable of work For purposes of paragraph (1)(B), the term physically or mentally incapable of work (A) currently receives benefits under the supplemental security income program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or another program that provides recurring benefits to individuals because the individual is disabled and unable to work; or (B) has been medically certified as physically or mentally incapable of work and who has a credible pending application for enrollment in the supplemental security income program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or another program that provides recurring benefits to individuals because the individual is disabled and unable to work. (x) Approved offsite work activation The term approved offsite work activation (1) online job preparation and training programs that are approved and monitored by the State agency; or (2) job search activities that are approved by the State agency and monitored by the State to ensure that an appropriate number of job applications and employer contacts are performed. (y) Family head The term family head (1) a biological parent who is lawfully present in the United States and resides within a household with 1 or more dependent children who are the biological offspring of the parent; or (2) in the absence of a biological parent, a step parent, adoptive parent, guardian, or adult relative who resides with and provides care to the 1 or more children and is lawfully present in the United States. (z) Family unit The term family unit (1) an adult residing without dependent children; (2) a single-headed family with dependent children; or (3) a married couple family with dependent children. (aa) Family with dependent children (1) In general The term family with dependent children (2) Multiple families in a household There may be more than 1 family with dependent children in a single household. (bb) Married couple family with dependent children The term married couple family with dependent children (cc) Married spouse of the family head The term married spouse of the family head (1) resides with the family head and dependent children; and (2) is lawfully present in the United States. (dd) Member of a family The term member of a family (ee) Onsite work activation (1) In general The term onsite work activation (A) supervised job search; (B) community service activities; (C) education and job training for individuals who are family heads or married spouses of family heads; (D) workfare under section 20; or (E) drug or alcohol treatment. (2) Supervised job search For purposes of paragraph (1)(A), the term supervised job search (A) The job search occurs at an official location where the presence and activity of the recipient can be directly observed, supervised, and monitored. (B) The recipient's entry, time onsite, and exit from the official job search location are recorded in a manner that prevents fraud. (C) The recipient is expected to remain and undertake job search activities at the job search center. (D) The quantity of time the recipient is observed and monitored engaging in job search at the official location is recorded for purposes of compliance with section 29. (ff) Penalty period (1) In general The term penalty period (2) First penalty period The first penalty period of each fiscal year shall be the 6-month period beginning on October 1. (3) Second penalty period The second penalty period of each fiscal year shall be the 6-month period beginning on April 1. (4) Adjustment The entire supplemental nutrition assistance program 6-month funding allotment of a State during a penalty period shall be adjusted in response to the performance of the work activation program of the State during previous performance measurement periods. (gg) Performance measurement period (1) In general The term performance measurement period (2) First performance measurement period The first performance measurement period of each fiscal year shall be the 6-month period beginning on October 1. (3) Second performance measurement period The second performance measurement period of each fiscal year shall be the 6-month period beginning on April 1. (hh) Program-Eligible adult without dependent children The term program-eligible adult without dependent children (1) receives program benefits for 1 month; and (2) has maintained less than 120 hours of paid employment during that month. (ii) Program-Eligible family unit The term program-eligible family unit (1) a program-eligible adult without dependent children; (2) a program-eligible single-headed family with dependent children; or (3) a program-eligible married couple with dependent children. (jj) Program-Eligible married couple with dependent children The term program-eligible married couple with dependent children (1) receives program benefits for 1 month; and (2) has maintained less than 120 hours of paid employment between the family head and the married spouse of the family head, summed together and counted jointly, during the month. (kk) Program-Eligible single-Headed family with dependent children The term program-eligible single-headed family with dependent children (1) receives program benefits for 1 month; and (2) has a family head who has maintained less than 120 hours of paid employment during that month. (ll) Single-Headed family with dependent children The term single-headed family with dependent children (1) contains a family head residing with the family; but (2) does not have a married spouse of the family head residing with the family. (mm) State share of work-Capable family units in calendar year 2010 The term State share of work-capable family units in calendar year 2010 (1) the average monthly number of work-capable family units in the State during calendar year 2010; by (2) the average monthly number of work-capable family units in all 50 States and the District of Columbia during calendar year 2010. (nn) Total family units eligible for participation in work activation The term total family units eligible for participation in work activation (1) program-eligible adults without dependent children; (2) program-eligible single-headed families with dependent children; and (3) program-eligible married couples with dependent children. (oo) Work activation The term work activation (1) onsite work activation; and (2) approved offsite work activation. (pp) Work-Capable adult without dependent children The term work-capable adult without dependent children (1) is an able-bodied, work-capable adult; and (2) is not a family head or the married spouse of a family head. (qq) Work-Capable married couple family with dependent children The term work-capable married couple family with dependent children (1) the family head; or (2) the married spouse of the family head. (rr) Work-Capable single-Headed family with dependent children The term work-capable single-headed family with dependent children . (d) Conditions of participation Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 (d) Conditions of participation (1) Work requirements (A) In general No able-bodied, work-capable adult shall be eligible to participate in the supplemental nutrition assistance program if the individual— (i) refuses, at the time of application and every 12 months thereafter, to register for employment in a manner prescribed by the Secretary; (ii) refuses without good cause to accept an offer of employment, at a site or plant not subject to a strike or lockout at the time of the refusal, at a wage not less than the higher of— (I) the applicable Federal or State minimum wage; or (II) 80 percent of the wage that would have applied had the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) (iii) refuses without good cause to provide a State agency with sufficient information to allow the State agency to determine the employment status or the job availability of the individual; or (iv) voluntarily— (I) quits a job; or (II) reduces work effort and, after the reduction, is working less than 30 hours per week, unless another adult in the same family unit increases employment at the same time by an amount that is at least equal to the reduction in work effort by the first adult. (B) Family unit ineligibility If an able-bodied, work-capable adult is ineligible to participate in the supplemental nutrition assistance program because of subparagraph (A), no other member of the family unit to which that adult belongs shall be eligible to participate. (C) Duration of ineligibility An able-bodied, work-capable adult who becomes ineligible under subparagraph (A), and members of the family unit who become ineligible under subparagraph (B), shall remain ineligible for 3 months after the date on which ineligibility began. (D) Restoration of eligibility At the end of the 3-month period of ineligibility under subparagraph (c), members of a work-capable family unit may have their eligibility to participate in the supplemental nutrition assistance program restored, if— (i) the family unit is no longer a work-capable family unit; or (ii) the adult members of the family unit begin and maintain any combination of paid employment and work activation sufficient to meet the appropriate standards for resumption of benefits in section 29(c)(2). (2) Strike against a government For the purpose of subparagraph (A)(iv), an employee of the Federal Government, a State, or a political subdivision of a State, who is dismissed for participating in a strike against the Federal Government, the State, or the political subdivision of the State shall be considered to have voluntarily quit without good cause. (3) Striking workers ineligible (A) In general Except as provided in subparagraphs (B) and (C) and notwithstanding any other provision of law, no member of a family shall be eligible to participate in the supplemental nutrition assistance program at any time that any able-bodied, work-capable adult member of the household is on strike as defined in section 501 of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142 29 U.S.C. 152 (B) Prior eligibility (i) In general Subject to clause (ii), a family unit shall not lose eligibility to participate in the supplemental nutrition assistance program as a result of 1 of the members of the family unit going on strike if the household was eligible immediately prior to the strike. (ii) No increased allotment A family unit described in clause (i) shall not receive an increased allotment as the result of a decrease in the income of the 1 or more striking members of the household. (C) Refusal to accept employment Ineligibility described in subparagraph (A) shall not apply to any family unit that does not contain a member on strike, if any of the members of the family unit refuses to accept employment at a plant or site because of a strike or lockout. . (e) Eligibility of students with dependent children Section 6(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(e) (8) is enrolled full-time in an institution of higher education, as determined by the institution, and— (A) is a single parent with responsibility for the care of a dependent child under 12 years of age; or (B) is a family head or married spouse of a family head in a married couple family with dependent children and has a dependent child under age 12 residing in the home. . (f) Work requirement Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 (o) Fulfillment of employment and work activation requirements (1) In general If 1 or more adults within a program-eligible family unit are required by the State agency to participate in work activation under section 29, no member of the family unit shall be eligible for supplemental nutrition assistance benefits unless the relevant 1 or more adults fully comply with the work activation standards. (2) Sanctions and resumption of benefits If 1 or more adults within a program-eligible family unit who are required by the State agency to participate in work activation under section 29 during a given month fail to comply with the work activation standards, benefits for all members of the family unit— (A) shall be terminated in accordance with section 29(c)(1); and (B) may be resumed upon compliance with section 29(c)(2). . (g) Exclusion Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 (r) Minor children No child less than age 18 years of age may participate in the supplemental nutrition assistance program unless the child is a member of a family with dependent children and resides with an adult who is— (1) the family head of the same family of which the child is also a member; (2) eligible to participate, and participating, in the supplemental nutrition assistance program as a member of the same household as the child; and (3) lawfully residing, and eligible to work, in the United States. . (h) Hearing and determination Section 11(e)(10) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)(10)) is amended by striking : Provided hearing; (i) Work requirements and activation program The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: 29. Work requirements and activation program (a) Work activation standards (1) In general Subject to paragraph (3), a family unit with adult members that is required to participate in work activation under subsection (e) during a full month of participation in the supplemental nutrition assistance program shall fulfill the following levels of work activation during that month: (A) Work activation performance level for program-eligible adult without dependent children Each program-eligible adult without dependent children who is required to participate in work activation by a State agency under subsection (e) for a particular month shall be required to perform a minimum of 36 hours of work activation for that month, including at least— (i) a minimum of 16 hours of supervised onsite work activation; and (ii) a minimum of 20 additional hours of— (I) onsite work activation; (II) approved offsite work activation; or (III) a combination of both. (B) Work activation performance levels for program-eligible single parent families with dependent children Work-capable adult family heads in program-eligible single parent families with dependent children who are required by a State agency to participate in work activation under subsection (e) shall be required to perform a minimum of 72 hours of work activation per month, including at least— (i) a minimum of 32 hours of supervised onsite work activation; and (ii) a minimum of 40 additional hours of— (I) onsite work activation; (II) approved offsite work activation; or (III) a combination of both. (C) Work activation performance levels for program-eligible married couples with dependent children (i) In general Subject to clause (ii), each program-eligible married couple with dependent children that is required by a State agency to participate in work activation under subsection (e) shall be required to perform a minimum of 72 hours of work activation per month, including at least— (I) a minimum of 32 hours of supervised onsite work activation; and (II) a minimum of 40 additional hours of— (aa) onsite work activation; (bb) approved offsite work activation; or (cc) a combination of both. (ii) Requirements (I) Single joint obligation The 72-hour requirement under clause (i) shall be a single joint obligation for the married couple as a whole in which the activities of both married partners shall be combined together and counted jointly. (II) Options The work activation requirement for a work-capable married couple family with dependent children may be fulfilled by— (aa) 72 or more hours of appropriate activity by the family head; (bb) 72 or more hours of appropriate activity by the married spouse of the family head; or (cc) the combined activity of the family head and married spouse of the family head which when added together equal or exceed 72 hours. (D) No separate work activation requirement Neither the family head nor the married spouse of the family in a married couple family with dependent children shall be subject to a separate work activation requirement as individuals. (2) Limitation on combined hours of work activation and paid employment (A) In general Notwithstanding subparagraphs (A), (B), and (C) of paragraph (1), a State may count any program-eligible family unit as fulfilling the full engagement requirement of the family unit for a month, for purposes of paragraphs (3) and (4) of subsection (e), if the combined sum of paid employment and work activation by work-capable adults within the family unit in that month equals at least 160 hours. (B) Result of fulfillment If the combined sum of hours of paid employment and work activation by work-capable individuals within a program-eligible family unit is at least 160 hours in a given month— (i) the family unit has fulfilled the Federal work activation standards of the family unit for that month; and (ii) the State agency need not require members of the family unit to perform additional work activation during that month. (b) Pro rata reduction in employment and work activation standard during a partial month (1) In general A program-eligible family unit shall be subject to a pro-rated work activation standard, if the family unit— (A) receives a pro-rated monthly allotment during the initial month of enrollment under section 8(c); and (B) is required by the State to participate in the work activation program during that month. (2) Pro-rated work activation standard For purposes of paragraph (1), the term pro-rated work activation standard (A) the pro-rated monthly allotment received by the household for the partial month under section 8(c); bears to (B) the full allotment the same household would receive for a complete month. (3) Requirement For purposes of fulfilling the pro-rated work activation requirement during an initial month of enrollment in the supplemental nutrition assistance program, only those hours of adult work activation that occurred during the portion of the month in which the family unit was participating in the supplemental nutrition assistance program shall be counted. (c) Sanction for noncompliance by family units (1) Standard (A) In general If 1 or more members of a program-eligible family unit are required to participate in the work activation program under subsection (e) in a calendar month and 1 or more individuals fail to fulfill the work activation standards under subsection (a) or (b) for that month— (i) no member of the family unit shall be eligible to receive supplemental nutrition assistance benefits during the subsequent calendar month; and (ii) except as provided in subparagraph (B), the State agency shall not provide the supplemental nutrition assistance benefit payment for all members of the family unit that otherwise would have been issued at the beginning of the next month. (B) Administrative delay of sanction (i) In general Except as provided in clauses (ii) and (iii), if it is administratively infeasible for the State to not provide the supplemental nutrition assistance benefit that would be issued at the beginning of the first month after the month of noncompliance, the State shall not provide the payment to all members of the family unit that otherwise would have been made at the beginning of the second month after the month of noncompliance. (ii) Deadline The sanction of benefits shall occur not later than 32 days after the end of the month of noncompliance. (iii) Relationship of payments to members of the family unit At least 1 monthly payment to all members of the family unit shall be not provided for each month of noncompliance under subparagraph (A). (2) Resumption of benefits after sanction (A) In general If a family unit has had the monthly benefit of the family unit not provided due to noncompliance with a work activation requirement under paragraph (1), the family unit shall not be eligible to receive future benefits under the supplemental nutrition assistance program until— (i) the 1 or more work-capable members of the family unit have— (I) successfully participated in a work activation program under subsection (e) for at least 4 consecutive, subsequent weeks; and (II) fulfilled the work activation standard for the family unit for that same 4-week period by maintaining an hourly total of participation in work activation that is at least equal to the appropriate monthly totals for hours of participation provided in subsection (a); (ii) the family unit no longer contains any able-bodied, work-capable adults; or (iii) the family unit maintains at least 120 hours of paid employment during the 4-week period. (B) Limitation The resumed benefits provided under subparagraph (A) shall not restore or compensate for the benefits that were not provided due to the sanction imposed under paragraph (1). (d) Work activation is not employment Participation in work activation activities under this section shall not be— (1) considered to be employment; or (2) subject to any law pertaining to wages, compensation, hours, or conditions of employment under any law administered by the Secretary of Labor. (e) Work activation program (1) Program Each State participating in the supplemental nutrition assistance program shall carry out a work activation program. (2) Purpose (A) In general The goals of each work activation program shall be— (i) to encourage and assist able-bodied, work-capable adult recipients of supplemental nutrition assistance to obtain paid employment; (ii) to reduce dependence on government assistance; and (iii) to ensure that able-bodied, work-capable adult recipients of supplemental nutrition assistance make a contribution to society and the taxpayers in exchange for assistance received. (B) Requirement To accomplish the goals described in subparagraph (A), each State shall require able-bodied, work-capable adult recipients of supplemental nutrition assistance who are unemployed or under-employed to engage in work activation. (3) Required State work activation participation rates (A) In general Subject to subparagraph (D), each State that receives supplemental nutrition assistance program funding shall be required to meet, for the work activation programs of the State— (i) a work activation participation rate for work-capable adults without dependent children, as described in subparagraph (B); and (ii) a total recipient work activity participation rate, as described in subparagraph (C). (B) Participation rate for work-capable without dependent children The average monthly percent of program-eligible work-capable without dependent children who shall be required to maintain full engagement in work activation under subparagraph (A)(i) shall be— (i) for each performance measurement period in fiscal year 2014, 50 percent of all program-eligible adults without dependent children; and (ii) for each performance measurement period in fiscal year 2015 and each subsequent fiscal year, 85 percent of all program-eligible adults without dependent children who are eligible for work activation. (C) Overall participation rate for all program-eligible recipients The average monthly number of program-eligible family units who shall be required to maintain full engagement in work activation in a given month shall be— (i) for each performance measurement period in fiscal year 2015, the lesser of— (I) the product obtained by multiplying— (aa) the State share of work-capable family units in calendar year 2010; by (bb) 2,000,000; or (II) 85 percent of the average monthly number of total program-eligible family units in the State; and (ii) for each performance measurement period in fiscal year 2016 and each subsequent fiscal year, the lesser of— (I) the product obtained by multiplying— (aa) the State share of work-capable family units in calendar year 2010; by (bb) 4,000,000; or (II) 85 percent of the average monthly number of total family units eligible for participation in work activation in the State in the calendar year. (D) Limitation If the total number of individuals in a State who are required to participate in work activation under the work-capable adults without dependent children work activation requirement described in subparagraph (B) is greater than the number of individuals in the State who are required to participate under the overall participation rate requirement described in subparagraph (C), the State shall be required to fulfill only the requirement for work-capable adults without dependent children. (4) Counting full engagement in work activation for purposes of measuring State compliance with participation rates (A) In general For purposes of determining the compliance of a State with the participation rate standards in paragraph (3), a State shall count in each month the number of program-eligible family units that maintained full engagement in work activation in that month. (B) Full Engagement (i) In general For purposes of subparagraph (A), a family unit shall be counted as having maintained full engagement in work activation in a given month if the family unit was— (I) a program-eligible family unit that performed sufficient work activation in the month to meet the work activation standards provided in subsection (a) or (b); (II) a family unit that did not qualify for supplemental nutrition assistance benefits in a current month because of a prior sanction but that qualified for a resumption of benefits due to work activation performed in the month that meets the standards provided in subsection (c)(2); or (III) a program-eligible family unit that— (aa) received supplemental nutrition assistance benefits in a given month; (bb) was required by a State agency to participate in work activation in that month; (cc) failed to perform sufficient work activation in that month to meet the standards in subsection (a) or (b); and (dd) was sanctioned by an elimination of supplemental nutrition assistance benefits in the 1 or more immediately succeeding months, in accordance with subsection (c)(1). (ii) Limitation (I) In general For purposes of clause (i)(III), a family unit that was required to participate in work activation but failed to perform sufficient activity to meet the standard shall be counted as having maintained full engagement in work activation only in the first month of noncompliance. (II) Subsequent months Except as provided in clause (i)(II), the family unit shall not be counted as maintaining full engagement in work activation in any subsequent month in which the family unit was subject to the sanction for noncompliance. (C) Benefits previously terminated Except as provided in subparagraph (B)(i)(II) concerning family units that qualify for resumption of benefits, a family unit that does not receive supplemental nutrition assistance benefits in a given month because the benefits of the family unit have been previously terminated in accordance with subsection (c)(1) shall not be counted in that month— (i) as a family unit that has maintained full engagement in work activation; or (ii) as a program-eligible family unit. (5) Penalties for inadequate State performance (A) Requirement (i) In general Beginning in fiscal year 2015 and for each subsequent fiscal year, each State shall count the monthly average number of program-eligible family units that maintain full engagement in work activation during each performance measurement period. (ii) Reduction in funding If the monthly average number of program-eligible family units that maintain full engagement in a State is not sufficient to fulfill 1 or both of the relevant performance standards in subparagraphs (B) and (C) of paragraph (3) during a performance measurement period (subject to the limitation in paragraph (3)(D)), the Federal supplemental nutrition assistance program funding for the State shall be reduced for the entire penalty period that commences 12 months after the commencement of the relevant performance measurement period. (B) Schedule of funding reductions (i) In general The funding reduction for a State under subparagraph (A) shall be determined by the number of consecutive performance measurement periods during which the State has failed to meet 1 or both of the relevant work activation participation rates under subparagraphs (B) and (C) of paragraph (3) (subject to paragraph (3)(D)). (ii) Failure If any State fails to maintain a monthly average number of program-eligible family units that maintain full engagement in work activation during a performance measurement period that fulfills 1 or both of the relevant performance standards under subparagraphs (B) and (C) of paragraph (3) (subject to paragraph (3)(D))— (I) for a single, nonconsecutive performance measurement period, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 20 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; (II) for 2 consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 30 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; (III) for 3 consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 40 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; (IV) for 4 consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 50 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; (V) for 5 consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 70 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; or (VI) for 6 or more consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 100 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period. (C) Restoration in funding resulting from improved State performance (i) In general Subject to clause (iii), if a State maintains a monthly average number of program-eligible family units that maintain full engagement in work activation that is sufficient to fulfill the relevant performance standards described in subparagraphs (B) and (C) of paragraph (3), subject to the limitation in paragraph (3)(D) for 1 nonconsecutive performance measurement period, the Federal supplemental nutrition assistance funding for the State for the next penalty period shall equal 1/2 (I) the normal funding allotment of the State for the performance measurement period; and (II) the funding allotment of the State for the previous penalty period. (ii) Subsequent periods Subject to clause (iii), if a State maintains a monthly average number of program-eligible family units who maintain full engagement in work activation that is sufficient to fulfill the relevant performance standards described in subparagraphs (B) and (C) of paragraph (3), subject to the limitation in paragraph (3)(D) for 2 consecutive performance measurement periods, the Federal supplemental nutrition assistance funding for the State shall equal 100 percent of the normal funding allotment of the State for the next penalty period. (iii) Limitation Notwithstanding clauses (i) and (ii), no State shall receive more than 100 percent of the normal funding allotment of the State due to the provisions of this paragraph. (6) Rewards to States for reducing government dependence (A) In general If, in any future year, a State reduces the supplemental nutrition assistance caseload of the State below the levels that existed in calendar year 2006, the State shall receive a financial reward for reducing dependence. (B) Amount The reward shall equal 1⁄4 (C) Use of reward A State may use reward funding under this paragraph for any purpose chosen by the State that— (i) provides benefits or services to individuals with incomes below 200 percent of the Federal poverty level; (ii) improves social outcomes in low-income populations; (iii) encourages healthy marriage; or (iv) increases self-sufficiency and reduces dependence. (7) Authorization of funding (A) In general There is authorized to be appropriated to the Secretary to provide funds to State governments for the purpose of carrying out work activation programs in accordance with this section $500,000,000 for fiscal year 2014 and each subsequent fiscal year. (B) Allocation among States The total amount appropriated under subparagraph (A) for a fiscal year shall be allocated among the States in accordance with the proportion of each State’s share of total funding for the supplemental nutrition assistance program under this Act in fiscal year 2007. (C) Additional funding (i) TANF funding (I) In general Notwithstanding any other provision of law, in fiscal year 2014 and each subsequent fiscal year, a State that receives supplemental nutrition assistance funds may spend, in that fiscal year to administer the work activation program of the State under this section, up to— (aa) 30 percent of the Federal funds available to the State through the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (bb) 30 percent of funds from State sources allocated to the operation of the program described in item (aa). (II) Effect Any State that uses State funds allocated to the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (ii) Workforce Investment Act funding Notwithstanding any other provision of law, in fiscal year 2014 and each subsequent fiscal year, a State that receives Federal funds under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. . (j) Conforming amendments (1) Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 (A) in subsection (a), in the second sentence, by striking , 6(d)(2), (B) in subsection (d)(14), by striking section 6(d)(4)(I) section 29 (C) in subsection (e)(3)(B)(ii), by striking subsection (d)(3) section 29 (D) in the first sentence of subsection (g)(3), by striking section 6(d) section 29 (2) Section 7(i)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(i)(1)) is amended by striking section 6(o)(2) section 6(o) (3) Section 11(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e) (A) by striking paragraph (19); and (B) by redesignating paragraphs (20) through (23) as paragraphs (19) through (22), respectively. (4) Section 16 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 (A) in subsection (b)(4), by striking section 6(d) section 29 (B) by striking subsection (h). (5) Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 (A) in subsection (b)— (i) in paragraph (1)(B)(iv)(III)— (I) by striking item (bb); and (II) by redesignating items (cc) through (jj) as items (bb) through (ii), respectively; (ii) in paragraph (2), by striking the second sentence; and (iii) in paragraph (3)(B), in the first sentence, by striking section 6(d) section 29, (B) by striking subsection (g). (6) Section 20 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2029 (A) in subsection (b)— (i) by striking paragraph (1); and (ii) by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively; (B) by striking subsection (f); and (C) by redesignating subsection (g) as subsection (f). (7) Section 22(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2031(b) (8) Section 26(f)(3)(E) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(f)(3)(E) (22), and (23) (21), and (22) (9) Section 501(b)(2)(E) of the Workforce Investment Act of 1998 ( 20 U.S.C. 9271(b)(2)(E) section 6(d) section 29 of the Food and Nutrition Act of 2008. (10) Section 112(b)(8)(A)(iii) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)(8)(A)(iii)) is amended by striking section 6(d)(4) (7 U.S.C. 2015(d)(4)) section 29 of the Food and Nutrition Act of 2008 (11) Section 121(b)(2)(B)(ii) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(b)(2)(B)(ii)) is amended by striking section 6(d)(4) section 29 of the Food and Nutrition Act of 2008; 102. Termination of benefit increase Section 101(a)(2) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 120; 124 Stat. 2394; 124 Stat. 3265) is amended by striking paragraph (2) and inserting the following: (2) Termination The authority provided by this subsection shall terminate on the date of enactment of the Welfare Reform and Upward Mobility Act . II Reporting of means-tested welfare spending in President’s budget submission 201. Additional information in President’s budget submission Section 1105(a) (1) by redesignating the second paragraph designated as paragraph (37), relating to outdated or duplicative plans and reports, as added by section 11 of the GPRA Modernization Act of 2010 ( Public Law 111–352 (2) by adding at the end the following: (40) the total level of means-tested welfare spending (as defined in section 3 of the Congressional Budget Act of 1974 ( 2 U.S.C. 622 . III Aggregate cap for means-tested welfare spending 301. Definition of means-tested welfare spending Section 3 of the Congressional Budget Act of 1974 ( 2 U.S.C. 622 (12) (A) The term means-tested welfare spending (i) means spending for any Federal program that is designed to specifically provide assistance or benefits exclusively to low-income Americans; (ii) does not include such a program if the program— (I) is based on earned eligibility; (II) is not need-based; (III) is a program designed exclusively or primarily for veterans of military service; or (IV) offers universal or near universal eligibility to the working population and their dependents; and (iii) includes community and economic development programs targeted to low-income communities or populations. (B) For purposes of subparagraph (A), the spending on following Federal programs shall be means-tested welfare spending: (i) Cash and general programs (I) Supplemental Security Income. (II) Earned Income Tax Credit (Refundable Portion). (III) Refundable Child Credit. (IV) Temporary Assistance to Needy Families. (V) Title IV–E Foster Care. (VI) Title IV–E Adoption Assistance. (VII) General Assistance to Indians. (VIII) Assets for Independence. (ii) Medical (I) Medicaid. (II) State Children’s Health Insurance Program. (III) Indian Health Services. (IV) Consolidated Health Centers/Community Health Centers. (V) Maternal and Child Health. (VI) Healthy Start. (VII) Refundable Premiums and Out of Pocket Subsidies under the Patient Protection and Affordable Health Care Act (PPACA). (iii) Food (I) Food Stamps Program. (II) School Lunch Program. (III) Women, Infant and Children (WIC) Food Program. (IV) School Breakfast. (V) Child Care Food Program. (VI) Nutrition Program for the Elderly, Nutrition Service Incentives. (VII) Summer Food Service Program. (VIII) Commodity Supplemental Food Program. (IX) Temporary Emergency Food Program. (X) Needy Families. (XI) Farmer’s Market Nutrition Program. (XII) Special Milk Program. (iv) Housing (I) Section 8 Housing (HUD). (II) Public Housing (HUD). (III) State Housing Expenditures. (IV) Home Investment Partnership Program (HUD). (V) Homeless Assistance Grants (HUD). (VI) Rural Housing Insurance Fund (Agriculture). (VII) Rural Housing Service (Agriculture). (VIII) Housing for the Elderly (HUD). (IX) Native American Housing Block Grants (HUD). (X) Other Assisted Housing Programs (HUD). (XI) Housing for Persons with Disabilities (HUD). (v) Energy and Utilities (I) Low-Income Home Energy Assistance. (II) Universal Service Fund—Subsidized Phone Service for Low-Income Persons. (III) Weatherization. (vi) Education (I) Pell Grants. (II) Title I Grants to Local Education Authorities. (III) Special Programs for Disadvantaged (TRIO). (IV) Supplemental Education Opportunity Grants. (V) Migrant Education. (VI) Gear-Up. (VII) Education for Homeless Children and Youth. (VIII) Leveraging Educational Assistance Partnership (LEAP) Program. (IX) Even Start. (vii) Training (I) Job Corps. (II) Youth Opportunity Grants (under the Workforce Investment Act). (III) Adult Employment and Training (under the Workforce Investment Act). (IV) Senior Community Service Employment. (V) Food Stamp Employment and Training Program. (VI) Migrant Training. (VII) YouthBuild. (VIII) Native American Training. (viii) Services (I) Title XX Social Services Block Grant. (II) Community Service Block Grant. (III) Social Services for Refugees, Asylees, and Humanitarian Cases. (IV) Title III Aging Americans Act. (V) Legal Services Block Grant. (VI) Family Planning. (VII) Emergency Food and Shelter. (VIII) Healthy Marriage and Responsible Fatherhood Grants. (IX) Americorps VISTA. (ix) Child Care and Child Development (I) Headstart. (II) Childcare and Child Development Block Grant. (III) Child Care Block Grant (under Temporary Assistance to Needy Families Program). (x) Community Development (I) Community Development Block Grant. (II) Economic Development Administration. (III) Appalachian Regional Development. (IV) Empowerment Zones, Enterprise Communities, Renewal Communities. (V) Urban Development Block Grant. (C) For purposes of subparagraph (A), spending on following Federal programs shall not be means-tested welfare spending: (i) The Social Security Disability Insurance program. (ii) Medicare. (iii) Retirement insurance benefits and survivor benefits under the Social Security program. (iv) Any program designed exclusively or primarily for veterans of military service. (v) Unemployment insurance benefits. (vi) Programs designed specifically to provide benefits to workers to compensate for job-related injuries or illnesses. (D) The term means-tested welfare spending (E) (i) (I) For purposes of this paragraph, only the refundable portion of the following tax credits shall be means-tested welfare spending: (aa) The earned income tax credit. (bb) The child tax credit. (cc) The making work pay tax credit. (II) For purposes of this paragraph, only the refundable portion of the premium and out of pocket health care subsidies to be paid under the Patient Protection and Affordable Health Care Act shall be means-tested welfare spending. (III) For purposes of this clause, the term refundable portion (ii) For purposes of this paragraph, only the costs of the free and reduced price segments of the school lunch and school breakfast programs shall be means-tested welfare spending. (F) For purposes of this paragraph expenditures by State and local governments of funds that are— (i) obtained by the State and local government from taxes, fees, or other sources of revenue established by the State or local government; and (ii) are not received as any form of grant from the Federal Government, shall not be Federal means-tested welfare spending, without regard to whether such State and local expenditures take the form of contributions to a Federal program described in subparagraph (A) or listed in subparagraph (B). . 302. Reports to budget committees Section 202(e)(1) of the Congressional Budget Act of 1974 ( 2 U.S.C. 602(e)(1) (1) by inserting (A) (1) (2) by adding at the end the following: (B) (i) The Director shall include in each report submitted to the Committees on the Budget of the House of Representatives and the Senate under subparagraph (A) the information described in clause (ii) beginning on the earlier of— (I) the first fiscal year that begins after the date of enactment of this subparagraph and after any monthly rate of unemployment during the immediately preceding fiscal year is below 6 percent; or (II) fiscal year 2016. (ii) The Director shall include the following information for the fiscal year commencing on October 1 of the year in which the report is submitted and for each of the ensuing 4 fiscal years: (I) The Congressional Budget Office baseline level of means-tested welfare spending. (II) The aggregate level of means-tested welfare spending computed by taking the aggregate level of means-tested welfare spending for fiscal year 2007 and adjusting that for inflation according to the procedures specified in clause (iii). (iii) In preparing the information required to be included under this subparagraph— (I) means-tested welfare spending relating to medical assistance programs shall be adjusted for inflation according to the price index for personal consumption expenditures for health products and services as calculated by the Bureau of Economic Analysis; and (II) all other means-tested welfare spending shall be adjusted for inflation according to the weighted price index for personal consumption expenditures excluding health products and services as calculated by the Bureau of Economic Analysis. . 303. Content of concurrent resolutions on the budget Section 301 of the Congressional Budget Act of 1974 ( 2 U.S.C. 632 (j) Means-Tested welfare spending (1) In general The concurrent resolution on the budget for a fiscal year shall set forth the appropriate level for aggregate means-tested welfare spending for the first fiscal year of that concurrent resolution and for at least each of the 4 ensuing fiscal years beginning on the earlier of— (A) the first fiscal year that begins after the date of enactment of this subsection and after any monthly rate of unemployment during the immediately preceding fiscal year is below 6 percent; or (B) fiscal year 2016. (2) Setting level The level described in paragraph (1) shall not exceed— (A) in fiscal year 2016, $825,000,000,000; (B) in fiscal year 2017, $750,000,000,000; and (C) in fiscal year 2018 and subsequent fiscal years, the aggregate level of Federal means-tested welfare spending for fiscal year 2007, adjusted for inflation as follows: (i) Means-tested welfare spending relating to medical assistance programs shall be adjusted for inflation according to the price index for personal consumption expenditures for health products and services as calculated by the Bureau of Economic Analysis. (ii) All other means-tested welfare spending shall be adjusted for inflation according to the weighted price index for personal consumption expenditures excluding health products and services as calculated by the Bureau of Economic Analysis. . 304. Allocations of means-tested welfare spending (a) In general Section 302 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 (h) Means-Tested welfare spending limit (1) Further division of amounts For any concurrent resolution on the budget in which levels for aggregate means-tested welfare spending are set forth under section 301(j), in the House of Representatives and the Senate, the amounts allocated under subsection (a) shall be further divided to establish an allocation of— (A) total new budget authority and total outlays for discretionary means-tested welfare spending in appropriation measures for the first fiscal year of that concurrent resolution; and (B) total new budget authority and total outlays for mandatory means-tested welfare spending for the first fiscal year of that concurrent resolution and at least each of the ensuing 4 fiscal years to all other committees of the House of Representatives and the Senate that have jurisdiction over legislation providing mandatory means-tested welfare spending. (2) Point of order (A) In general Except as provided in subparagraph (B), it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or amendment between the Houses if— (i) the enactment of such bill or resolution as reported; (ii) the adoption and enactment of such amendment; (iii) the enactment of such bill or resolution in the form recommended in such conference report; or (iv) the enactment of such amendment between the Houses, would cause the applicable allocation of new budget authority or outlays made under subparagraph (A) or (B) of paragraph (1) for a fiscal year to be exceeded. (B) Exception The limits on the allocation of new budget authority or outlays made under subparagraph (A) or (B) of paragraph (1) shall not be in effect for a fiscal year if the average monthly unemployment rate in the preceding fiscal year exceeded 7.5 percent. . (b) Conforming amendment Section 302(b) of the Congressional Budget Act of 1974 is amended by striking under subsection (a) under subsections (a) and (h) 305. Reconciliation Section 310(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 641(a) (1) in paragraph (3), by striking or (2) by redesignating paragraph (4) as paragraph (5); (3) by inserting after paragraph (3) the following: (4) specify the total amount by which new budget authority for such fiscal year for mandatory means-tested welfare spending contained in laws, bills, and resolutions within the jurisdiction of a committee is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount, which amount shall be the amount by which the Congressional Budget Office baseline level of spending for aggregate mandatory means-tested welfare programs exceeds the allocation made pursuant to section 302(h)(1)(B) for such fiscal year; and ; and (4) in paragraph (5), as so redesignated, by striking and (3) (3), and (4) IV Grants to promote self-sufficiency 401. Grants to States (a) Purpose The purpose of this title is to encourage States to develop policies to promote self-sufficiency and prosperity and to reduce poverty and Government dependence. (b) Grants The Social Security Act is amended by adding at the end the following: XXII Grants to States to Promote Self-Sufficiency and Prosperity and to Reduce Dependence 2201. Grants to States (a) In general The Secretary may provide grants to States to reward reductions in poverty and Government dependence and increases in self-sufficiency. (b) Allocation of grants to states For each fiscal year for which funds are made available under subsection (e), the Secretary shall make a grant in an amount equal to $100,000,000 to each of the 3 States with the greatest percentage increases in the self-sufficiency ratio of the State for the preceding fiscal year over the self-sufficiency ratio of the State for fiscal year 2007, as compared with the changes in that ratio for each other State, subject to subsection (c). (c) Limitation on eligibility for grants A State shall not be eligible for a grant under this title for a fiscal year unless the self-sufficiency ratio of the State for the fiscal year is greater than the self-sufficiency ratio of the State for fiscal year 2007. (d) Definitions In this title: (1) The term self-sufficient family (2) The term self-sufficiency ratio (A) the number of self-sufficient families residing in the State during the fiscal year that are headed by able-bodied individuals who have not attained 63 years of age; divided by (B) the total number of families residing in the State during the fiscal year that are headed by able-bodied individuals who have not attained 63 years of age. (3) The term State (e) Limitations on authorization of appropriations For grants under this title, there are authorized to be appropriated to the Secretary $300,000,000 for fiscal year 2016 and each succeeding fiscal year. . V Prohibition on funding of abortion 501. Prohibition on funding for abortions No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. 502. Prohibition on funding for health benefits plans that cover abortion None of the funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. 503. Prohibition on tax benefits relating to abortion For taxable years beginning after the date of the enactment of this section, no credit shall be allowed under the internal revenue laws with respect to amounts paid or incurred for an abortion or with respect to amounts paid or incurred for a health benefits plan (including premium assistance) that includes coverage of abortion. 504. Construction relating to separate coverage Nothing in this title shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. 505. Construction relating to the use of non-Federal funds for health coverage Nothing in this title shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. 506. Treatment of abortions related to rape, incest, or preserving the life of the mother The limitations established in this title shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.	Welfare Reform and Upward Mobility Act
California Emergency Drought Relief Act of 2014 - Requires the Administrator of the Environmental Protection Agency (EPA), the Secretary of Commerce, and the Secretary of the Interior (Secretaries), in response to the declaration of a state of drought emergency in California, to provide the maximum quantity of water supplies possible to Central Valley Project (CVP) and Klamath Project agricultural, municipal and industrial, and refuge service and repayment contractors, State Water Project contractors, and any other locality or municipality in California by approving, consistent with applicable laws: (1) any project or operations to provide additional water supplies if there is any possible way the Secretaries can do so, unless the project or operations constitute a highly inefficient way of providing additional water supplies; and (2) any projects or operations as quickly as possible based on available information to address the emergency conditions. Sets forth actions to be taken to increase water supply, including: (1) ensuring that the Delta Cross Channel Gates remain open to the greatest extent possible, (2) requiring the Director of the National Marine Fisheries Service to recommend revisions to operations of the CVP and the California State Water Project, (3) adopt a 1:1 inflow to export ratio for the increased flow of the San Joaquin River, (4) require the Director and the Commissioner of the Bureau of Reclamation to complete all requirements under the National Environmental Policy Act of 1969 (NEPA) and the Endangered Species Act of 1973 necessary to make final permit decisions on water transfer requests, and (5) make WaterSMART grant funding administered by the Bureau of Reclamation available for eligible projects on a priority and expedited basis. Authorizes financial assistance under the Reclamation States Emergency Drought Relief Act of 1991 for projects to increase water supply. Requires federal agency heads to consult with the Council on Environmental Quality to develop alternative arrangements to comply with NEPA. Directs the EPA to prioritize projects under state water pollution control revolving funds to provide water to areas at risk of having an inadequate supply of water for public health and safety purposes. Requires the Commissioner of Reclamation to provide water supply planning assistance in preparation for and in response to dry, critically dry, and below normal water year types, upon request, to CVP or Klamath Project contractors or other reclamation project contractors in California, including contractors who possess contracts for refuge water supplies or who deliver refuge water supplies. Reauthorizes: (1) the Calfed Bay-Delta Act, (2) the Reclamation States Emergency Drought Relief Act of 1991, and (3) the Secure Water Act. Amends the Klamath Basin Water Supply Enhancement Act of 2000 to authorize the Secretary of the Interior to take actions to reduce water consumption or demand or to restore ecosystems in the Klamath Basin watershed, including tribal fishery resources held in trust. Directs the Secretary of the Treasury to transfer to the Secretary of Agriculture emergency supplemental appropriations to provide: (1) drought assistance to agricultural producers and for mitigation activities related to drought and wildfire hazards, (2) emergency community water assistance grants to address impacts of drought, and (3) grants to assist low-income migrant and seasonal farm workers affected by drought and for forest restoration. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to expand federal emergency assistance to provide for disaster unemployment, emergency nutrition, and crisis counseling assistance. Designates this Act as an emergency requirement for budgetary purposes.	To direct the Secretary of the Interior, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency to take actions to provide additional water supplies and disaster assistance to the State of California due to drought, and for other purposes. 1. Short title This Act may be cited as the California Emergency Drought Relief Act of 2014 2. Table of contents The table of contents of this Act are as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—California emergency drought relief Sec. 101. Findings. Sec. 102. Definitions. Sec. 103. Emergency projects. Sec. 104. Emergency funding. Sec. 105. Emergency environmental reviews. Sec. 106. State revolving funds. Sec. 107. Drought planning assistance. Sec. 108. Calfed Bay-Delta Act reauthorization. Sec. 109. Reclamation States Emergency Drought Relief Act reauthorization. Sec. 110. Secure Water Act reauthorization. Sec. 111. Effect on State laws. Sec. 112. Klamath Basin water supply. Sec. 113. Termination of authorities. TITLE II—Emergency supplemental agriculture disaster appropriations Sec. 201. Emergency supplemental agriculture disaster appropriations. TITLE III—Federal disaster assistance Sec. 301. Treatment of drought under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. TITLE IV—Emergency designations Sec. 401. Emergency designations. I California emergency drought relief 101. Findings Congress finds that— (1) as established in the Proclamation of a State of Emergency issued by the Governor of the State on January 17, 2014, the State is experiencing record dry conditions; (2) extremely dry conditions have persisted in the State since 2012, and the current drought conditions are likely to persist into the future; (3) the water supplies of the State are at record-low levels, as indicated by a statewide average snowpack of 12 percent of the normal average for winter as of February 1, 2014, and the fact that all major Central Valley Project reservoir levels are below 50 percent of the capacity of the reservoirs as of the date of enactment of this Act; (4) the 2013–2014 drought constitutes a serious emergency posing immediate and severe risks to human life and safety and to the environment throughout the State; (5) the emergency requires— (A) immediate and credible action that respects the complexity of the State of California’s water system and its importance to the entire State; and (B) policies that do not pit stakeholders against one another, which history has shown only leads to costly litigation that benefits no one and prevents any real solutions; (6) Federal law (including regulations) directly authorizes expedited decisionmaking procedures and environmental and public review procedures to enable timely and appropriate implementation of actions to respond to such a type and severity of emergency; and (7) the serious emergency posed by the 2013–2014 drought in the State fully satisfies the conditions necessary for the exercise of emergency decisionmaking, analytical, and public review requirements under— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) water control management procedures of the Corps of Engineers described in section 222.5 of title 33, Code of Federal Regulations (including successor regulations); and (D) the Reclamation States Emergency Drought Relief Act of 1991 ( Public Law 102–250 102. Definitions In this title: (1) Central valley project The term Central Valley Project (2) Klamath Project The term Klamath Project (A) as authorized under the Act of June 17, 1902 (32 Stat. 388, chapter 1093); and (B) as described in— (i) title II of the Oregon Resource Conservation Act of 1996 ( Public Law 104–208 (ii) the Klamath Basin Water Supply Enhancement Act of 2000 ( Public Law 106–498 (3) Reclamation project The term Reclamation Project (4) Reserved works The term reserved works (5) Secretaries The term Secretaries (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce; and (C) the Secretary of the Interior. (6) State The term State (7) State water project The term State Water Project 103. Emergency projects (a) In general In response to the declaration of a state of drought emergency by the Governor of the State, the Secretaries shall provide the maximum quantity of water supplies possible to Central Valley Project and Klamath Project agricultural, municipal and industrial, and refuge service and repayment contractors, State Water Project contractors, and any other locality or municipality in the State, by approving, consistent with applicable laws (including regulations)— (1) any project or operations to provide additional water supplies if there is any possible way whatsoever that the Secretaries can do so unless the project or operations constitute a highly inefficient way of providing additional water supplies; and (2) any projects or operations as quickly as possible based on available information to address the emergency conditions. (b) Mandate In carrying out subsection (a), the applicable agency heads described in that subsection shall, consistent with applicable laws (including regulations)— (1) authorize and implement actions to ensure that the Delta Cross Channel Gates shall remain open to the greatest extent possible, timed to maximize the peak flood tide period and provide water supply and water quality benefits for the duration of the State's drought emergency declaration, consistent with operational criteria and monitoring criteria developed pursuant to the California State Water Resources Control Board’s Order Approving a Temporary Urgency Change in License and Permit Terms in Response to Drought Conditions, effective January 31, 2014, or a successor order; (2) (A) collect data associated with the operation of the Delta Cross Channel Gates described in paragraph (1) and its impact on species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) after assessing the data described in subparagraph (A), require the Director of the National Marine Fisheries Service to recommend revisions to operations of the Central Valley Project and the California State Water Project, including, if appropriate, the reasonable and prudent alternatives contained in the biological opinion issued by the National Marine Fisheries Service on June 4, 2009, that are likely to produce fishery, water quality, and water supply benefits; (3) (A) implement turbidity control strategies that allow for increased water deliveries while avoiding jeopardy to adult delta smelt (Hypomesus transpacificus) due to entrainment at Central Valley Project and State Water Project pumping plants; and (B) manage reverse flow in Old and Middle Rivers as prescribed by the biological opinion issued by the United States Fish and Wildlife Service and dated December 15, 2008, to minimize water supply reductions for the Central Valley Project and the State Water Project; (4) adopt a 1:1 inflow to export ratio for the increased flow of the San Joaquin River, as measured as a 3-day running average at Vernalis during the period from April 1 through May 31, resulting from voluntary transfers and exchanges of water supplies, among other purposes; (5) issue all necessary permit decisions under the authority of the Secretaries within 30 days of receiving a completed application by the State to place and use temporary barriers or operable gates in Delta channels to improve water quantity and quality for State Water Project and Central Valley Project South of Delta water contractors and other water users, which barriers or gates should provide benefits for species protection and in-Delta water user water quality and shall be designed such that formal consultations under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (6) (A) require the Director of the United States Fish and Wildlife Service and the Commissioner of the Bureau of Reclamation to complete all requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. 16 U.S.C. 1531 et seq. (B) require the Director of the United States Fish and Wildlife Service to allow any water transfer request associated with fallowing to maximize the quantity of water supplies available for nonhabitat uses as long as the fallowing and associated water transfer are in compliance with applicable Federal laws (including regulations); (7) allow North of Delta water service contractors with unused 2013 Central Valley Project contract supplies to take delivery of those unused supplies through April 15, 2014, if— (A) the contractor requests the extension; and (B) the requesting contractor certifies that, without the extension, the contractor would have insufficient supplies to adequately meet water delivery obligations; (8) maintain all rescheduled water supplies held in the San Luis Reservoir and Millerton Reservoir for all water users for delivery in the immediately following contract water year unless precluded by reservoir storage capacity limitations; (9) to the maximum extent possible based on the availability of water and without causing land subsidence— (A) meet the contract water supply needs of Central Valley Project refuges through the improvement or installation of wells to use groundwater resources and the purchase of water from willing sellers, which activities may be accomplished by using funding made available under section 104 or the Water Assistance Program or the WaterSMART program of the Department of the Interior; and (B) make a quantity of Central Valley Project surface water obtained from the measures implemented under subparagraph (A) available to Central Valley Project contractors; (10) make WaterSMART grant funding administered by the Bureau of Reclamation available for eligible projects within the State on a priority and expedited basis— (A) to provide emergency drinking and municipal water supplies to localities in a quantity necessary to meet minimum public health and safety needs; (B) to prevent the loss of permanent crops; (C) to minimize economic losses resulting from drought conditions; and (D) to provide innovative water conservation tools and technology for agriculture and urban water use that can have immediate water supply benefits; (11) implement offsite upstream projects in the Delta and upstream Sacramento River and San Joaquin basins, in coordination with the California Department of Water Resources and the California Department of Fish and Wildlife, that offset the effects on species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (12) for reserved works only, authorize annual operation and maintenance deficits, owed to the Federal Government and incurred due to delivery of contract water supplies to a Central Valley Project or Klamath Project water contractor during each fiscal year the State emergency drought declaration is in force, to accrue without interest for a period of 5 years and then to be repaid, notwithstanding section 106 of Public Law 99–546 (A) the project interest rate; and (B) the rate specified in section 106 of Public Law 99–546 (13) use all available scientific tools to identify and implement any changes to real-time operations of Bureau of Reclamation, State, and local water projects that could result in the availability of additional water supplies. (c) Other agencies To the extent that a Federal agency other than agencies headed by the Secretaries has a role in approving projects described in subsections (a) and (b), the provisions of this section shall apply to those Federal agencies. (d) Accelerated project decision and elevation (1) In general Upon the request of the State, the heads of Federal agencies shall use the expedited procedures under this subsection to make final decisions relating to a Federal project or operation to provide additional water supplies or address emergency drought conditions pursuant to subsections (a) and (b). (2) Request for resolution (A) In general Upon the request of the State, the head of an agency referred to in subsection (a), or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide emergency water supplies. (B) Meeting The Secretary of the Interior shall convene a meeting requested under subparagraph (A) not later than 7 days after receiving the meeting request. (3) Notification Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting. (4) Decision Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project. (5) Meeting convened by Secretary The Secretary may convene a final project decision meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under paragraph (2). 104. Emergency funding (a) Financial assistance (1) In general Financial assistance may be made available under the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2201 et seq. Secure Water Act of 2009 (2) Additional availability Financial assistance may be made available under this section to organizations and entities, including tribal governments, that are engaged in collaborative processes to restore the environment while settling water rights claims that are part of an active water rights adjudication or a broader settlement of claims that are part of a basin-wide solution for restoration. (b) Types of assistance Assistance under subsection (a) shall include a range of projects, including— (1) the installation of pumps, temporary barriers, or operable gates for water diversion and fish protection; (2) the installation of groundwater wells in wildlife refuges and other areas; (3) the purchase or assistance in the purchase of water from willing sellers; (4) conservation projects providing water supply benefits in the short-term; (5) exchanges with any water district willing to provide water to meet the emergency water needs of other water districts in return for the delivery of equivalent quantities of water later that year or in future years; (6) maintenance of cover crops to prevent public health impacts from severe dust storms; (7) emergency pumping projects for critical health and safety purposes; (8) activities to reduce water demand consistent with a comprehensive program for environmental restoration and settlement of water rights claims; (9) the use of new or innovative water on-farm water conservation technologies or methods that may assist in sustaining permanent crops in areas with severe water shortages; (10) technical assistance to improve existing irrigation practices to provide water supply benefits in the short-term; and (11) any other assistance the Secretary determines to be necessary to increase available water supplies or mitigate drought impacts. (c) Funding There is appropriated, out of funds of the Treasury not otherwise appropriated, $100,000,000 to the Secretary of the Interior and the Secretary of Commerce to carry out this section. 105. Emergency environmental reviews To minimize the time spent carrying out environmental reviews and to deliver water quickly that is needed to address emergency drought conditions in the State, the head of each applicable Federal agency shall, in carrying out this Act, consult with the Council on Environmental Quality in accordance with section 1506.11 42 U.S.C. 4321 et seq. 106. State revolving funds The Administrator of the Environmental Protection Agency, in allocating amounts for each of the fiscal years during which the State's emergency drought declaration is in force to State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 et seq. 42 U.S.C. 300j–12 33 U.S.C. 1383 42 U.S.C. 300j–12(a)(2) (1) require the State to review and prioritize funding for such projects; (2) issue a determination of waivers within 30 days of the conclusion of the informal public comment period pursuant to section 436(c) of title IV of division G of Public Law 113–76; and (3) authorize, at the request of the State, 40-year financing for assistance under section 603(d)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(d)(2) 42 U.S.C. 300j–12(f)(2) 107. Drought planning assistance (a) In general Upon the request of Central Valley Project or Klamath Project contractors or other Reclamation Project contractors in the State, the Secretary of the Interior, acting through the Commissioner of Reclamation, shall provide water supply planning assistance in preparation for and in response to dry, critically dry, and below normal water year types to those Central Valley Project or Klamath Project contractors or other Reclamation Project contractors making those requests, including contractors who possess contracts for refuge water supplies or deliver refuge water supplies. (b) Types of assistance Assistance under subsection (a) shall include— (1) hydrological forecasting; (2) assessment of water supply sources under different water year classification types; (3) identification of alternative water supply sources; (4) guidance on potential water transfer partners; (5) technical assistance regarding Federal and State permits and contracts under the Act of February 21, 1911 (36 Stat. 925, chapter 141) (commonly known as the Warren Act (6) technical assistance regarding emergency provision of water supplies for critical health and safety purposes; (7) activities carried out in conjunction with the National Oceanic and Atmospheric Administration, the National Integrated Drought Information System, and the State partners of the National Integrated Drought Information System under the National Integrated Drought Information System Act of 2006 (15 U.S.C. 313d)— (A) to collect and integrate key indicators of drought severity and impacts; and (B) to produce and communicate timely monitoring and forecast information to local and regional communities, including the San Joaquin Valley, the Delta, and the Central Coast; and (8) any other assistance the Secretary determines to be necessary. 108. Calfed Bay-Delta Act reauthorization Title I of the Water Supply, Reliability, and Environmental Improvement Act (118 Stat. 1681; 123 Stat. 2860) (as amended by section 207 of title II of division D of the Consolidated Appropriations Act, 2014) is amended by striking 2015 2018 109. Reclamation States Emergency Drought Relief Act reauthorization Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 (1) by striking $90,000,000 $190,000,000 (2) by striking 2012 2017 110. Secure Water Act reauthorization Section 9504 of Public Law 111–11 42 U.S.C. 10364 (1) in subsection (a)(3)(E), by adding at the end the following: (v) Authority of Commissioner The Commissioner of Reclamation may, at the discretion of the Commissioner— (I) waive any cost-share requirements to address emergency situations; and (II) prioritize projects based on the ability of the projects to expeditiously yield water supply benefits during periods of drought. ; and (2) in subsection (e), by striking $200,000,000 $250,000,000 111. Effect on State laws Nothing in this Act preempts any State law in effect on the date of enactment of this Act, including area of origin and other water rights protections. 112. Klamath Basin water supply The Klamath Basin Water Supply Enhancement Act of 2000 ( Public Law 106–498 (1) by redesignating sections 4 through 6 as sections 5 through 7, respectively; and (2) by inserting after section 3 the following: 4. Water management and planning activities The Secretary is authorized to engage in activities, including entering into agreements and contracts, or otherwise making financial assistance available, to reduce water consumption or demand, or to restore ecosystems in the Klamath Basin watershed, including tribal fishery resources held in trust, consistent with collaborative agreements for environmental restoration and settlements of water rights claims. . 113. Termination of authorities The authorities under sections 103, 104, 105, and 106 expire on the date on which the Governor of the State suspends the state of drought emergency declaration. II Emergency supplemental agriculture disaster appropriations 201. Emergency supplemental agriculture disaster appropriations (a) Funding (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture (referred to in this section as the Secretary (A) to provide to agricultural producers and other eligible entities affected by the 2014 drought assistance upon declaration of a natural disaster under section 321(a) of the Consolidated Farm and Rural Development Act 7 U.S.C. 1961(a) (B) to carry out any other activities the Secretary determines necessary as a result of the 2014 drought, such as activities relating to wildfire damage. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (b) Emergency assistance program for livestock, honey bees, and farm-Raised fish Notwithstanding any other applicable limitations under law, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to carry out the emergency assistance program for livestock, honey bees, and farm-raised fish under section 531(e) of the Federal Crop Insurance Act (7 U.S.C. 1531(e)) for fiscal year 2014 to provide assistance to agricultural producers for losses due to drought. (c) FEMA predisaster hazard mitigation grants (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator of the Federal Emergency Management Agency $25,000,000 for fiscal year 2014 for mitigation activities related to drought and wildfire hazards. (2) Receipt and acceptance The Administrator of the Federal Emergency Management Agency shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (d) Emergency community water assistance grants (1) In general Notwithstanding any other provision of law— (A) as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014 to provide emergency community water assistance grants under section 306A of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926a (B) the maximum amount of a grant provided under subparagraph (A) for fiscal year 2014 shall be $1,000,000; and (C) for fiscal year 2014, a community whose population is less than 50,000 shall be eligible for a grant under this paragraph. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (e) Office of the Inspector General (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Inspector General of the Department of Agriculture $2,000,000 for fiscal year 2014, to remain available until expended, for oversight of activities carried out by the Department relating to drought. (2) Receipt and acceptance The Inspector General of the Department of Agriculture shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. (f) Emergency grants To assist low-Income migrant and seasonal farmworkers (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014 to provide emergency grants to assist low-income migrant and seasonal farmworkers under section 2281 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 42 U.S.C. 5177a 7 U.S.C. 1961(a) (2) Receipt and acceptance (g) Emergency forest restoration program (1) In general Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014 for the Emergency Forest Restoration Program under section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 7 U.S.C. 1961(a) (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation. III Federal disaster assistance 301. Treatment of drought under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (a) Findings Congress finds that— (1) the term major disaster 42 U.S.C. 5122 (2) a major drought shall be eligible to be declared a major disaster or state of emergency by the President on the request of the Governor of any State; (3) droughts are natural disasters that do occur, and while of a different type of impact, the scale of the impact of a major drought can be equivalent to other disasters that have been declared by the President to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. (4) droughts have wide-ranging and long-term impacts on ecosystem health, agriculture production, permanent crops, forests, waterways, air quality, public health, wildlife, employment, communities, State and national parks, and other natural resources of a State and the people of that State that have significant value. (b) Amendment Section 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)) is amended— (1) in paragraph (7), by striking and (2) in paragraph (8), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (9) provide disaster unemployment assistance in accordance with section 410; (10) provide emergency nutrition assistance in accordance with section 412; and (11) provide crisis counseling assistance in accordance with section 416. . IV Emergency designations 401. Emergency designations (a) This Act is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( Public Law 111–139 2 U.S.C. 933(g) (b) In the Senate, this Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.	California Emergency Drought Relief Act of 2014
Lines Interfere with National Elections Act of 2014 or LINE Act of 2014 - Amends the Help America Vote Act of 2002 to require each jurisdiction where a substantial number of voters waited more than 30 minutes to cast a vote in the federal election held on November 6, 2012, or any federal election held after that date, to comply with a state remedial plan to minimize voter waiting times.	To amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote. 1. Short title This Act may be cited as the Lines Interfere with National Elections Act of 2014 LINE Act of 2014 2. Findings and purpose (a) Findings Congress finds the following: (1) Excessive wait times at the election polls create an obstacle to an eligible citizen’s fundamental right to vote. (2) The Presidential Commission on Election Administration found that, on the date of the 2012 Federal election, over 5,000,000 voters experienced wait times exceeding one hour, and an additional 5,000,000 waited between a half hour and an hour. (3) The Presidential Commission on Election Administration found that several million eligible voters stand in line for an unacceptably long time in order to cast a vote in a Federal election, year after year. (4) The Presidential Commission on Election Administration found that excessive wait times are avoidable if the jurisdiction has undergone proper planning and develops systems to inform the responsible authorities when a breakdown occurs. (5) The Presidential Commission on Election Administration concluded that, as a general rule, no voter should have to wait more than half an hour in order to have an opportunity to vote. (6) The Presidential Commission on Election Administration offered several recommendations and best practices that could directly reduce voter lines. (b) Purpose It is the purpose of this Act to implement the Presidential Commission on Election Administration’s recommendations aimed at reducing long lines at the election polls. 3. Requirements for jurisdictions with substantial voter wait times (a) Remedial plans for States with excessive wait times (1) In general The Help America Vote Act of 2002 ( 42 U.S.C. 15301 et seq. X Remedial plans for States with excessive wait times 1001. Remedial plans for States with excessive wait times (a) In general Each jurisdiction for which the Attorney General, to the maximum extent practicable in coordination with the Commission, determines that a substantial number of voters waited more than 30 minutes to cast a vote in the election for Federal office held on November 6, 2012, or any election for Federal office held on or after such date, shall comply with a State remedial plan established under this section in accordance with subsection (b). (b) State remedial plans The Attorney General, to the maximum extent practicable in coordination with the Commission, shall establish for each State or jurisdiction which is required to comply with this section a State remedial plan to minimize the waiting times of individuals voting in the State or jurisdiction in any election for Federal office. (c) Jurisdiction defined For purposes of this section, the term jurisdiction registrar's jurisdiction 42 U.S.C. 1973gg–6(j) (d) Federal Register notice Not later than March 1 of the year following the year in which an election for Federal office is held, the Attorney General, to the maximum extent practicable in coordination with the Commission, shall publish in the Federal Register a list of States and jurisdictions that are required to comply with a State remedial plan under this section. (e) State remedial plan certification Not later than September 1 of the year following the year in which the Attorney General publishes in the Federal Register a list described in subsection (d), the governor of each State included on the list shall submit to the Attorney General a letter certifying that the State has made a good faith effort to comply with the State remedial plan established for the State under this section. . (2) Conforming amendment Section 401 of the Help America Vote Act of 2002 ( 42 U.S.C. 15511 and 403 403, and the requirements of title X (3) Clerical amendment The table of contents of such Act is amended by adding at the end the following: TITLE X—Remedial plans for States with excessive wait times Sec. 1001. Remedial plans for States with excessive wait times. . (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act.	LINE Act of 2014
River Paddling Protection Act - Opens the rivers and streams of Yellowstone National Park and Grand Teton National Park in Wyoming to hand-propelled vessels. Declares specified regulations to have no force or effect with regard to the closing of rivers and streams of such Parks to such vessels. Requires the Fish and Wildlife Service to coordinate any recreational use of hand-propelled vessels on the Gros Ventre River within the National Elk Refuge in Wyoming with Grand Teton National Park to ensure that use is consistent with the requirements of the National Wildlife Refuge System Administration Act of 1966.	To provide for the use of hand-propelled vessels in Yellowstone National Park, Grand Teton National Park, and the National Elk Refuge, and for other purposes. 1. Short title This Act may be cited as the River Paddling Protection Act 2. Regulations superseded (a) In general The rivers and streams of Yellowstone National Park and Grand Teton National Park shall be open to hand-propelled vessels as determined by the Director of the National Park Service within 3 years of the date of enactment of this Act. Beginning on the date that is 3 years after the date of enactment of this Act, the following regulations shall have no force or effect regarding closing rivers and streams of Yellowstone National Park and Grand Teton National Park to hand-propelled vessels: (1) Section 7.13(d)(4)(ii) (2) Section 7.22(e)(3) (b) Coordination of recreational use The Fish and Wildlife Service shall coordinate any recreational use of hand-propelled vessels on the Gros Ventre River within the National Elk Refuge with Grand Teton National Park to ensure such use is consistent with the requirements of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq.	River Paddling Protection Act
SECURE Water Amendments Act of 2014 - Amends the Omnibus Public Land Management Act of 2009 to: (1) include "planning for or addressing the impact of drought" among the activities for which the Secretary may make grants and enter cooperative agreements for water management improvement, (2) include Hawaii among the states in which eligible grant and agreement applicants may be located, (3) authorize appropriations for such grants and agreements, and (4) authorize appropriations for national water availability and use assessment program grants for FY2014-FY2018.	To reauthorize and update certain provisions of the Secure Water Act. 1. Short title This Act may be cited as the SECURE Water Amendments Act of 2014 2. Authorized activities; eligibility; authorization of appropriations (a) In general Section 9504 of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364 (1) in subsection (a)— (A) in paragraph (1)(H)— (i) in clause (i), by striking or (ii) in clause (ii), by striking the period and inserting ; or (iii) by adding at the end the following: (iii) to plan for or address the impacts of drought. ; and (B) in paragraph (2)(A)— (i) by striking ; and ; or (ii) by striking (A) be located within the States (A) be located in— (i) the States ; and (iii) by adding at the end the following: (ii) the State of Hawaii; and ; and (2) in subsection (e), by striking There is $200,000,000 such sums as are necessary to carry out this section for each of fiscal years 2015 through 2023”. to carry out this section $100,000,000”. 3. Authorization of appropriations for national water availability and use assessment program Section 9508(e)(2) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10368(e)(2) by striking $12,500,000 for the period of fiscal years 2009 through 2013 such sums as are necessary for the period of fiscal years 2014 through 2023 by striking 2009 through 2013 2014 through 2018 July 31, 2014 Reported with amendments	SECURE Water Amendments Act of 2014
Puerto Rico Status Resolution Act - Authorizes the State Elections Commission of Puerto Rico to provide for a ratification vote on the admission of Puerto Rico as a state of the United States on an equal footing with the several states in all respects. Requires, if a majority of votes cast in the ratification vote are for the admission of Puerto Rico as a state: (1) the President to submit to Congress legislation to admit Puerto Rico as a state; and (2) Congress to act, through legislation, to admit Puerto Rico as a state.	To set forth the process for Puerto Rico to be admitted as a State of the Union. 1. Short title This Act may be cited as the Puerto Rico Status Resolution Act 2. Findings and purposes (a) Findings Congress finds that— (1) in 1898, Puerto Rico became a United States territory and persons born in Puerto Rico have been granted United States citizenship by law since March 2, 1917; (2) Puerto Rico has been granted authority over local matters that is similar to the authority that the several States possess, but Puerto Rico remains subject to the powers of Congress under the Territory Clause of the Constitution of the United States; (3) the approximately 3,700,000 residents of Puerto Rico do not have a democratic form of government at the national level, because— (A) United States citizens residing in the territory— (i) are disenfranchised in the election for the President and the Vice President; and (ii) are not represented in the United States Senate; and (B) the 1 representative of United States citizens residing in the territory in the House of Representatives can only vote in committees of the House of Representatives; (4) the Federal Government may, and often does, treat Puerto Rico and residents of Puerto Rico unequally under Federal program, tax, and other laws relative to the several States and the District of Columbia and residents; (5) (A) on November 6, 2012, the Government of Puerto Rico held a 2-part referendum; (B) the first question asked voters if Puerto Rico should continue to have its present form of territorial status (C) of the 1,798,987 voters who chose an option, 53.97 percent voted against continued territorial status; (6) (A) the second question asked voters to express their preference among the 3 possible alternatives to territorial status: statehood, independence, and nationhood in free association with the United States; and (B) of the 1,363,854 voters who chose an option, 61.16 percent voted for statehood; and (7) the number of votes cast in favor of statehood exceeded the number of votes cast in favor of continued territorial status. (b) Purposes The purposes of this Act are— (1) to provide for a federally authorized ratification vote in Puerto Rico on the admission of Puerto Rico into the Union as a State; and (2) if a majority of voters ratify the desire of Puerto Rico for statehood, to describe the steps that the President and Congress shall take to enable the admission of Puerto Rico as a State of the Union. 3. Ratification vote The State Elections Commission of Puerto Rico is authorized to provide for a ratification vote on the admission of Puerto Rico into the Union as a State, in accordance with rules and regulations determined by the Commission, including qualifications for voter eligibility, with the following on the ballot: As a State: (A) Puerto Rico would be permanently united to the other States of the Union. (B) All provisions of the Constitution of the United States that apply to the States would apply to Puerto Rico. (C) Individuals born in Puerto Rico would be United States citizens by virtue of the Constitution of the United States, instead of by virtue of laws of the United States. (D) Puerto Rico would be treated equally with the other States in all Federal laws of general application. (E) There would be a period of transition to statehood, during which equal treatment of Puerto Rico in program and tax laws would be phased in. (F) Puerto Rico would be represented— (i) in the Senate by 2 Senators; (ii) in the House of Representatives by a number of Representatives in proportion to its share of the national population (and the number of Members of the House of Representatives would be increased by the same number); and (iii) for the election of the President and the Vice President by a number of votes in the Electoral College equal to the number of its Senators and Representatives. (G) The Government of Puerto Rico, like the governments of the other States, would have permanent authority over all matters not delegated to the Federal Government or the people by the Constitution of the United States. Do you want Puerto Rico to be admitted as a State of the United States? Yes__ No__ . 4. Implementation (a) Presidential action If a majority of votes cast in the ratification vote held under section 3 are for the admission of Puerto Rico as a State of the Union, the President, not later than 180 days after the certification of the vote, shall submit to Congress legislation to admit Puerto Rico as a State of the Union on an equal footing with the several States in all respects, consistent with the terms of this Act. (b) Legislative action If a majority of votes cast in the ratification vote held under section 3 are for the admission of Puerto Rico as a State of the Union, this Act constitutes a commitment by Congress to act, through legislation, to admit Puerto Rico as a State of the Union on an equal footing with the several States in all respects, consistent with the terms of this Act.	Puerto Rico Status Resolution Act
Biodiesel Tax Incentive Reform and Extension Act of 2014 - Amends the Internal Revenue Code to revise the income and excise tax credits for biodiesel used as fuel to: (1) allow a $1.00 tax credit for each gallon of biodiesel produced, (2) provide for an increased income tax credit for small biodiesel producers, (3) revise the definitions of "biodiesel" and "small biodiesel producer," (4) treat renewable diesel in the same manner as biodiesel for income tax purposes, and (5) treat biodiesel as a taxable fuel for excise tax purposes. Extends the biodiesel income and excise tax credits through December 31, 2017.	To amend the Internal Revenue Code of 1986 to modify the incentives for the production of biodiesel. 1. Short title This Act may be cited as the Biodiesel Tax Incentive Reform and Extension Act of 2014 2. Reform of biodiesel income tax incentives (a) In general Section 40A of the Internal Revenue Code of 1986 is amended to read as follows: 40A. Biodiesel production (a) In general For purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is $1.00 for each gallon of biodiesel produced by the taxpayer which during the taxable year— (1) is sold by such producer to another person— (A) for use by such other person’s trade or business (other than casual off-farm production), (B) for use by such other person as a fuel in a trade or business, or (C) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or (2) is used or sold by such producer for any purpose described in paragraph (1). (b) Increased credit for small producers (1) In general In the case of any eligible small biodiesel producer, subsection (a) shall be applied by increasing the dollar amount contained therein by 10 cents. (2) Limitation Paragraph (1) shall only apply with respect to the first 15,000,000 gallons of biodiesel produced by any eligible small biodiesel producer during any taxable year. (c) Coordination with credit against excise tax The amount of the credit determined under this section with respect to any biodiesel shall be reduced to take into account any benefit provided with respect to such biodiesel solely by reason of the application of section 6426 or 6427(e). (d) Definitions and special rules For purposes of this section— (1) Biodiesel The term biodiesel (A) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act ( 42 U.S.C. 7545 (B) the requirements of the American Society for Testing and Materials D6751. Such term shall not include any liquid with respect to which a credit may be determined under section 40. (2) Biodiesel not used for a qualified purpose If— (A) any credit was determined with respect to any biodiesel under this section, and (B) any person does not use such biodiesel for the purpose described in subsection (a), then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (a) and the number of gallons of such biodiesel. (3) Pass-thru in the case of estates and trusts Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (4) Limitation to biodiesel produced in the United States No credit shall be determined under this section with respect to any biodiesel unless such biodiesel is produced in the United States from raw feedstock. For purposes of this paragraph, the term United States (5) Biodiesel transfers from an IRS registered biodiesel production facility to an IRS registered terminal or refinery The credit allowed under subsection (a) shall be allowed to the terminal or refinery referred to in section 4081(a)(1)(B)(i) in instances where section 4081(a)(1)(B)(iii) is applicable. The credit allowed under subsection (a) cannot be claimed by a terminal or refinery on fuel upon which the credit was previously claimed by a biodiesel producer. (e) Definitions and special rules for small biodiesel producers (1) Eligible small biodiesel producer The term eligible small biodiesel producer (2) Aggregation rule For purposes of the 15,000,000 gallon limitation under subsection (b)(2) and the 60,000,000 gallon limitation under paragraph (1), all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. (3) Partnership, s corporation, and other pass-thru entities In the case of a partnership, trust, S corporation, or other pass-thru entity, the limitations contained in subsection (b)(2) and paragraph (1) shall be applied at the entity level and at the partner or similar level. (4) Allocation For purposes of this subsection, in the case of a facility in which more than 1 person has an interest, productive capacity shall be allocated among such persons in such manner as the Secretary may prescribe. (5) Regulations The Secretary may prescribe such regulations as may be necessary— (A) to prevent the credit provided for in subsection (b) from directly or indirectly benefitting any person with a direct or indirect productive capacity of more than 60,000,000 gallons of biodiesel during the taxable year, or (B) to prevent any person from directly or indirectly benefitting with respect to more than 15,000,000 gallons during the taxable year. (6) Allocation of small biodiesel credit to patrons of cooperative (A) Election to allocate (i) In general In the case of a cooperative organization described in section 1381(a), any portion of the increase determined under subsection (b) for the taxable year may, at the election of the organization, be apportioned pro rata among patrons of the organization on the basis of the quantity or value of business done with or for such patrons for the taxable year. (ii) Form and effect of election An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. Such election shall not take effect unless the organization designates the apportionment as such in a written notice mailed to its patrons during the payment period described in section 1382(d). (B) Treatment of organizations and patrons (i) Organizations The amount of the credit not apportioned to patrons pursuant to subparagraph (A) shall be included in the amount determined under subsection (b) for the taxable year of the organization. (ii) Patrons The amount of the credit apportioned to patrons pursuant to subparagraph (A) shall be included in the amount determined under such subsection for the first taxable year of each patron ending on or after the last day of the payment period (as defined in section 1382(d)) for the taxable year of the organization or, if earlier, for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment. (iii) Special rules for decrease in credits for taxable year If the amount of the credit of the organization determined under such subsection for a taxable year is less than the amount of such credit shown on the return of the organization for such year, an amount equal to the excess of— (I) such reduction, over (II) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. (f) Renewable diesel For purposes of this title— (1) Treatment in the same manner as biodiesel Renewable diesel shall be treated in the same manner as biodiesel. (2) Renewable diesel defined The term renewable diesel (A) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act ( 42 U.S.C. 7545 (B) the requirements of the American Society for Testing and Materials D975 or D396, or other equivalent standard approved by the Secretary. Such term shall not include any liquid with respect to which a credit may be determined under section 40. Such term does not include any fuel derived from coprocessing biomass with a feedstock which is not biomass. For purposes of this paragraph, the term biomass (3) Certain aviation fuel Except as provided in the last 3 sentences of paragraph (2), the term renewable diesel (g) Termination This section shall not apply to any sale or use after December 31, 2017. . (b) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 Sec. 40A. Biodiesel production. . (c) Effective date The amendments made by this section shall apply to biodiesel sold or used after December 31, 2013. 3. Reform of biodiesel excise tax incentives (a) In general Subsection (c) of section 6426 of the Internal Revenue Code of 1986 is amended to read as follows: (c) Biodiesel credit (1) In general For purposes of this section, the biodiesel credit is $1.00 for each gallon of biodiesel produced by the taxpayer and which— (A) is sold by such producer to another person— (i) for use by such other person’s trade or business (other than casual off-farm production), (ii) for use by such other person as a fuel in a trade or business, or (iii) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or (B) is used or sold by such producer for any purpose described in subparagraph (A). (2) Definitions Any term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A. (3) Biodiesel transfers from an IRS registered biodiesel production facility to an IRS registered terminal The credit allowed under this subsection can be claimed by a registered terminal or refinery in instances where section 4081(a)(1)(B)(iii) is applicable. The credit allowed under this subsection cannot be claimed by a terminal or refinery on fuel upon which the credit was previously claimed by a biodiesel producer. (4) Termination This subsection shall not apply to any sale, use, or removal for any period after December 31, 2017. . (b) Payment of credit Subsection (e) of section 6427 of the Internal Revenue Code of 1986 is amended— (1) by striking or the biodiesel mixture credit (2) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively, and by inserting after paragraph (2) the following new paragraph: (3) Biodiesel credit If any person produces biodiesel and sells or uses such biodiesel as provided in section 6426(c), the Secretary shall pay (without interest) to such person an amount equal to the biodiesel credit with respect to such biodiesel. , (3) by striking paragraph (1) or (2) paragraph (1), (2), or (3) (4) by striking alternative fuel fuel (5) by striking biodiesel mixture (as defined in section 6426(c)(3)) biodiesel (within the meaning of section 40A) (6) by striking 2013 2017 (c) Exemption for biodiesel transferred from a registered producer to a registered terminal Subparagraph (B) of section 4081(a)(1) of the Internal Revenue Code of 1986 is amended— (1) by striking clause (ii) clauses (ii) and (iii) (2) by adding at the end the following new clause: (iii) Exemptions for biodiesel transferred from a registered producer to a registered terminal The tax imposed by this paragraph shall not apply to any removal or entry of biodiesel (as defined in section 40A(d)(1)) transferred in bulk (without regard to the manner of such transfer) to a terminal or refinery if— (I) such biodiesel was produced by a person who is registered under section 4101 as a producer of biodiesel and who provides reporting under the ExStars fuel reporting system of the Internal Revenue Service, and (II) the operator of such terminal or refinery is registered under section 4101. . (d) Producer registration requirement Subsection (a) of section 6426 subsections (d) and (e) subsections (c), (d), and (e) (e) Recapture Subsection (f) of section 6426 of the Internal Revenue Code of 1986 is amended to read as follows: (f) Recapture (1) Alcohol fuel mixtures If— (A) any credit was determined under this section with respect to alcohol used in the production of any alcohol fuel mixture, and (B) any person— (i) separates the alcohol from the mixture, or (ii) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the applicable amount and the number of gallons of such alcohol. (2) Biodiesel If any credit was determined under this section with respect to the production of any biodiesel and any person does not use such biodiesel for a purpose described in subsection (c)(1), then there is hereby imposed on such person a tax equal to $1 for each gallon of such biodiesel. (3) Applicable laws All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under paragraph (1) or (2) as if such tax were imposed by section 4081 and not by this section. . (f) Clerical amendments (1) The heading of section 6426 of the Internal Revenue Code of 1986 is amended by striking alcohol fuel, biodiesel, and alternative fuel mixtures alcohol fuel mixtures, biodiesel production, and alternative fuel mixtures (2) The item relating to section 6426 in the table of sections for subchapter B of chapter 65 of such Code is amended by striking alcohol fuel, biodiesel, and alternative fuel mixtures alcohol fuel mixtures, biodiesel production, and alternative fuel mixtures (g) Effective date The amendments made by this section shall apply to biodiesel sold or used after December 31, 2013. 4. Biodiesel treated as taxable fuel (a) Biodiesel treated as taxable fuel Clause (i) of section 4083(a)(3)(A) of the Internal Revenue Code of 1986 is amended by inserting , including biodiesel (as defined in section 6426(c)(3)), (other than gasoline) (b) Effective date The amendment made by this section shall apply to biodiesel removed, entered, or sold after the date which is 6 months after the date of the enactment of this Act.	Biodiesel Tax Incentive Reform and Extension Act of 2014
Forensic Science and Standards Act of 2014 - (Sec. 4) Establishes a National Forensic Science Research Initiative to improve, expand, and coordinate federal research in forensic sciences (scientific research and its application to the recognition, collection, preservation, evaluation, and analysis of evidence for use in investigations and legal proceedings). Includes the National Science Foundation (NSF), the National Institute of Standards and Technology (NIST), the Department of Justice (DOJ), and other federal departments, agencies, and offices contributing to research in forensic science in the Initiative. Establishes a National Forensic Science Coordinating Office with a full-time director to be located at the Office of Science and Technology Policy (OSTP). Makes the Director responsible for carrying out the provisions of this section, including the development and implementation of a unified federal research strategy. Requires the federal agencies participating in the Initiative to share responsibility for funding the Office and permits the agencies to dedicate staff to the Office. Establishes an interagency forensic science committee to be co-chaired by the Director of the Coordinating Office and a senior scientist from an agency participating in the Initiative. Requires the NSF to contract with the National Academy of Sciences, or a similar independent science entity, to develop a report that: (1) identifies the most critical forensic science disciplines that require further research, and (2) makes recommendations for research to strengthen the scientific foundation in the disciplines. Requires the Director of the Coordinating Office, in coordination with the Interagency Committee, to oversee: the development of a unified federal research strategy; a five-year roadmap for the implementation of the strategy; and any necessary programs, policies, and budgets to support the implementation of the roadmap. Requires the Director of the Coordinating Office, in coordination with the Interagency Committee, to evaluate the Initiative and report to Congress on a biennial basis. Sets forth reporting requirements and deadlines related to the strategy and the roadmap. (Sec. 5) Directs federal agencies participating in the Initiative to improve the foundation and practice of forensic science by: (1) conducting or supporting research consistent with the unified federal research strategy; (2) building relationships between forensic science practitioners and the research community; (3) encouraging and promoting education and training; and (4) broadly disseminating the results of the research. Requires all external forensic science research grants awarded by federal agencies under this section to be consistent with the merit review criteria as approved by the National Science Board and as described in the National Science Foundation Proposal and Award Policies and Procedures Guide. Requires all research conducted from grants awarded under this section to take into consideration the requirements of peer-reviewed scientific journals, and encourage the communication and open exchange of data and results. Directs NSF to: (1) award grants to improve the foundation of forensic science; (2) to establish one or more multidisciplinary forensic research centers led by public-private partnerships between universities, industry, state or local entities, and federal agencies; and (3) conduct a comprehensive evaluation of the forensic science research grants awarded by the NSF and multidisciplinary research centers every four years. Directs NIST to: (1) establish and operate a competitively selected Center of Excellence focusing on measurement sciences, technology, and standards in forensic science, and (2) conduct a comprehensive evaluation of the Center and report to Congress on the results. (Sec. 6) Permits federal agencies to use existing prizes and challenge authority to advance forensic science research needs and priorities. Directs NIST or DOJ to provide or contract with a non-federal party to prepare data sets and physical specimens to be shared without limitation for the purpose of a prize or a challenge. (Sec. 7) Directs NIST to: (1) identify and coordinate the development of voluntary consensus forensic science standards; (2) develop measurement standards and standard reference materials to support forensic science disciplines; (3) test and validate existing standards, and (4) provide independent validation of forensic science measurements and methods. Requires NIST to ensure that any proposed voluntary consensus standards, guidelines, or methods are publicly available, and that the forensic community has an opportunity for public review and comment. Directs the NIST and DOJ to establish scientific area committees to identify gaps in and opportunities for standards development in the forensic sciences and serve as the primary mechanism for identifying and coordinating the development of voluntary consensus forensic science standards. (Sec. 8) Directs NIST and DOJ to establish a National Commission on Forensic Science to provide advice to the agencies participating in the unified federal research strategy and review guidance on standards development in forensic science. Requires the Director of the NIST and the Attorney General, or their designees, to co-chair the Commission. (Sec. 9) Directs DOJ to: (1) encourage the broad adoption of forensic science standards and to require DOJ and other federal laboratories to adopt these standards, as appropriate, (2) promote accreditation and certification based on forensic science standards, and (3) promote recommendations made by the National Commission on Forensic Science. Amends the National Institute of Standards and Technology Act to require NIST to identify and coordinate the development of voluntary consensus forensic science standards to enhance the validity and reliability of forensic science activities.	To establish scientific standards and protocols across forensic disciplines, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Forensic Science and Standards Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. National forensic science research program. Sec. 5. Forensic science research grants program. Sec. 6. Forensic science research challenges. Sec. 7. Forensic science standards. Sec. 8. Forensic Science Advisory Committee. Sec. 9. Adoption, accreditation, and certification. Sec. 10. National Institute of Standards and Technology functions. 2. Findings Congress finds that— (1) at the direction of Congress, the National Academy of Sciences led a comprehensive review of the state of forensic science and issued its findings in a 2009 report, Strengthening Forensic Science in the United States: A Path Forward (2) the report's findings indicate the need for independent scientific research to support the foundation of forensic disciplines; (3) the report stresses the need for standards in methods, data interpretation, and reporting, and the importance of preventing cognitive bias and mitigating human factors; and (4) according to the report, forensic science research is not financially well supported, and there is a need for a unified strategy for developing a forensic science research plan across Federal agencies. 3. Definitions In this Act: (1) Advisory Committee The term Advisory Committee (2) Coordinating Office The term Coordinating Office (3) Forensic science (A) In general The term forensic science (B) Applied scientific research In subparagraph (A), the term applied scientific research (C) Basic scientific research In subparagraph (A), the term basic scientific research (4) Standards development organization The term standards development organization 4. National forensic science research program (a) Establishment There shall be a national forensic science research program to improve, expand, and coordinate Federal research in the forensic sciences. (b) National Academy of Sciences Report on Forensic Science The Director of the National Science Foundation shall contract with the National Academy of Sciences to develop, not later than 180 days after the date of enactment of this Act, a report that— (1) identifies the most critical forensic science disciplines, which may include forensic pathology and digital forensics, that require further research to strengthen the scientific foundation in those disciplines; and (2) makes recommendations regarding research that will help strengthen the scientific foundation in the forensic science disciplines identified under paragraph (1). (c) National forensic science coordinating office (1) Establishment There is established a National Forensic Science Coordinating Office, with a director and full-time staff, to be located at the National Science Foundation. The Director of the Coordinating Office shall be responsible for carrying out the provisions of this subsection. (2) Unified Federal research strategy The Coordinating Office established under paragraph (1) shall coordinate among relevant Federal departments, agencies, or offices— (A) the development of a unified Federal research strategy that— (i) specifies and prioritizes the research necessary to enhance the validity and reliability of the forensic science disciplines; and (ii) is consistent with the recommendations in the National Academy of Sciences report on forensic science under subsection (b); (B) the development of a 5-year roadmap, updated triennially thereafter, for the unified Federal research strategy under subparagraph (A) that includes a description of— (i) which department, agency, or office will carry out each specific element of the unified Federal research strategy; (ii) short-term and long-term priorities and objectives; and (iii) common metrics and other evaluation criteria that will be used to assess progress toward achieving the priorities and objectives under clause (ii); and (C) any necessary programs, policies, and budgets to support the implementation of the roadmap under subparagraph (B). (3) Additional duties The Coordinating Office shall— (A) evaluate annually the national forensic science research program to determine whether it is achieving its objectives; and (B) report annually to Congress the findings under subparagraph (A). (4) Deadlines The Coordinating Office shall submit to Congress— (A) not later than 1 year after the date of enactment of this Act, the unified Federal research strategy under paragraph (2)(A); (B) not later than 1 year after the date of enactment of this Act, the initial 5-year roadmap under paragraph (2)(B); and (C) not later than 1 month after the date it is updated, each updated 5-year roadmap under paragraph (2)(B). 5. Forensic science research grants program (a) Establishment Not later than 1 year after the date of enactment of this Act, the National Science Foundation shall establish a forensic science research grants program to improve the foundation and practice of forensic science in the United States based on the recommendations in the unified Federal research strategy under section 4. (b) Merit review Each grant under this section shall be awarded on a merit-reviewed, competitive basis. (c) Publication The National Science Foundation shall support, as appropriate, the publication of research results under this section in scholarly, peer-reviewed scientific journals. (d) Forensic science research centers (1) In general As part of the forensic science research grants program under subsection (a), the Director of the National Science Foundation shall establish 2 forensic science research centers— (A) to conduct research consistent with the unified Federal research strategy under section 4; (B) to build relationships between forensic science practitioners and members of the research community; (C) to encourage and promote the education and training of a diverse group of people to be leaders in the interdisciplinary field of forensic science; and (D) to broadly disseminate the results of the research under subparagraph (A). (2) Terms of designation (A) In general The Director shall designate each forensic science research center for a 4-year term. (B) Revocation The Director may revoke a designation under subparagraph (A) if the Director determines that the forensic science research center is not demonstrating adequate performance. (C) Amount of award Subject to subsection (f), the Director shall award a grant up to $10,000,000 to each forensic science research center. A grant awarded under this subparagraph shall be for a period of 4 years. (D) Limitation on use of funds No funds authorized under this section may be used to construct or renovate a building or structure. (3) Reports Each forensic science research center shall submit an annual report to the Director, at such time and in such manner as the Director may require, that contains a description of the activities the center carried out with the funds received under this subsection, including a description of how those activities satisfy the requirement under paragraph (2)(D). (e) Evaluation (1) In general The Director of the National Science Foundation shall conduct a comprehensive evaluation of the forensic science research grants program every 4 years— (A) to determine whether the program is achieving the objectives of improving the foundation and practice of forensic science in the United States; and (B) to evaluate the extent to which the program is contributing toward the priorities and objectives described in the roadmap under section 4(c)(2)(B). (2) Report to Congress The Director of the National Science Foundation shall report to Congress the results of each comprehensive evaluation under paragraph (1). (f) Authorization of appropriations There are authorized to be appropriated to the National Science Foundation to carry out this section— (1) $37,000,000 for fiscal year 2014; (2) $40,000,000 for fiscal year 2015; (3) $43,000,000 for fiscal year 2016; (4) $46,000,000 for fiscal year 2017; and (5) $49,000,000 for fiscal year 2018. 6. Forensic science research challenges (a) Prizes and challenges (1) In general A Federal department, agency, or office may assist in satisfying the research needs and priorities identified in the unified Federal research strategy under section 4 by using prizes and challenges under the America COMPETES Reauthorization Act (124 Stat. 3982) or under any other provision of law, as appropriate. (2) Purposes The purpose of a prize or challenge under this section, among other possible purposes, may be— (A) to determine or develop the best data collection practices or analytical methods to evaluate a specific type of forensic data; or (B) to determine the accuracy of an analytical method. (b) Forensic evidence prizes and challenges (1) In general A Federal department, agency, or office, or multiple Federal departments, agencies, or offices in cooperation, carrying out a prize or challenge under this section— (A) may establish a prize advisory board; and (B) shall select each member of the prize advisory board with input from relevant Federal departments, agencies, or offices. (2) Prize advisory board The prize advisory board shall— (A) identify 1 or more types of forensic evidence for purposes of a prize or challenge; (B) using the samples under paragraph (3), recommend how to structure a prize or challenge that requires a competitor to develop a forensic data collection practice, an analytical method, or a relevant approach or technology to be tested relative to a known outcome or other proposed judging methodology; and (C) through the Coordinating Office, advise relevant Federal departments, agencies, or offices in designing prizes or challenges that satisfy the research needs and priorities identified in the unified Federal research strategy under section 4. (3) Samples The National Institute of Standards and Technology or the Department of Justice shall provide or contract with a non-Federal party to prepare, for each type of forensic evidence under paragraph (2)(A), a sufficient set of samples, including associated digital data that could be shared without limitation and physical specimens that could be shared with qualified parties, for purposes of a prize or challenge. (4) Fingerprint data interoperability At least 1 prize or challenge under this section shall be focused on achieving nationwide fingerprint data interoperability if the prize advisory board, the Coordinating Office, or a Federal department, agency, or office identifies an area where a prize or challenge will assist in satisfying a strategy related to this issue. 7. Forensic science standards (a) Establishment (1) In general The National Institute of Standards and Technology shall— (A) identify or coordinate the development of forensic science standards to enhance the validity and reliability of forensic science activities, including— (i) authoritative methods, standards, and technical guidance, including protocols and best practices, for forensic measurements, analysis, and interpretation; (ii) technical standards for products and services used by forensic science practitioners; (iii) standard content, terminology, and parameters to be used in reporting and testifying on the results and interpretation of forensic science measurements, tests, and procedures; and (iv) standards to provide for the interoperability of forensic science-related technology and databases; (B) test and validate existing forensics standards, as appropriate; and (C) provide independent validation of forensic science measurements and methods. (2) Consultation (A) In general In carrying out its responsibilities under paragraph (1), the National Institute of Standards and Technology shall consult with— (i) standards development organizations and other stakeholders, including relevant Federal departments, agencies, and offices; and (ii) testing laboratories and accreditation bodies to ensure that products and services meet necessary performance levels. (3) Prioritization When prioritizing its responsibilities under paragraph (1), the National Institute of Standards and Technology shall consider— (A) the unified Federal research strategy under section 4; and (B) the recommendations of any expert working group under subsection (b). (4) Report to Congress The Director of the National Institute of Standards and Technology shall report annually, with the President's budget request, to Congress on the progress in carrying out the National Institute of Standards and Technology's responsibilities under paragraph (1). (b) Expert working groups (1) In general The Director of the National Institute of Standards and Technology may establish 1 or more discipline-specific expert working groups to identify gaps, areas of need, and opportunities for standards development with respect to forensic science. (2) Members A member of an expert working group shall— (A) be appointed by the Director of the National Institute of Standards and Technology; (B) have significant academic, research, or practical expertise in a discipline of forensic science or in another area relevant to the purpose of the expert working group; and (C) balance scientific rigor with practical and regulatory constraints. (3) Federal Advisory Committee Act An expert working group established under this subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (c) Authorization of appropriations There are authorized to be appropriated to the National Institute of Standards and Technology to carry out this section— (1) $12,000,000 for fiscal year 2014; (2) $20,000,000 for fiscal year 2015; (3) $27,000,000 for fiscal year 2016; (4) $35,000,000 for fiscal year 2017; and (5) $43,000,000 for fiscal year 2018. 8. Forensic Science Advisory Committee (a) Establishment The Director of the National Institute of Standards and Technology and the Attorney General, in collaboration with the Director of the National Science Foundation, shall establish a Forensic Science Advisory Committee. (b) Duties The Advisory Committee shall provide advice to— (1) the Federal departments, agencies, and offices implementing the unified Federal research strategy under section 4; (2) the National Institute of Standards and Technology, including recommendations regarding the National Institute of Standards and Technology's responsibilities under section 7; and (3) the Department of Justice, including recommendations regarding the Department of Justice's responsibilities under section 9. (c) Subcommittees The Advisory Committee may form subcommittees related to specific disciplines in forensic science or as necessary to further its duties under subsection (b). A subcommittee may include an individual who is not a member of the Advisory Committee. (d) Chairs The Director of the National Institute of Standards and Technology and the Attorney General, or their designees, shall co-chair the Advisory Committee. (e) Membership The Director of the National Institute of Standards and Technology and the Attorney General, in consultation with the Director of the National Science Foundation, shall appoint each member of the Advisory Committee. The Advisory Committee shall include balanced representation between forensic science disciplines (including academic scientists, statisticians, social scientists, engineers, and representatives of other related scientific disciplines) and relevant forensic science applications (including Federal, State, and local representatives of the forensic science community, the legal community, victim advocate organizations, and law enforcement). (f) Administration The Attorney General shall provide administrative support to the Advisory Committee. (g) Federal Advisory Committee Act The Advisory Committee established under this section shall not be subject to section 14 of the Federal Advisory Committee Act (5 U.S.C. App.). 9. Adoption, accreditation, and certification The Attorney General— (1) shall promote the adoption of forensic science standards developed under section 7, including— (A) by requiring each Federal forensic laboratory to adopt the forensic science standards; (B) by encouraging each non-Federal forensic laboratory to adopt the forensic science standards; (C) by promoting accreditation and certification requirements based on the forensic science standards; and (D) by promoting any recommendations made by the Advisory Committee for adoption and implementation of forensic science standards; and (2) may promote the adoption of the forensic science standards as a condition of Federal funding or for inclusion in national data sets. 10. National Institute of Standards and Technology functions Section 2(b) of the National Institute of Standards and Technology Act ( 15 U.S.C. 272(b) (1) in paragraph (12), by striking and (2) in paragraph (13), by striking the period at the end and inserting ; and (3) by adding at the end the following: (14) to identify and coordinate the development of forensic science standards to enhance the validity and reliability of forensic science activities. . 1. Short title; table of contents (a) Short title This Act may be cited as the Forensic Science and Standards Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. National forensic science research initiative. Sec. 5. Implementation of forensic science research recommendations. Sec. 6. Forensic science research challenges. Sec. 7. Forensic science standards. Sec. 8. National Commission on Forensic Science. Sec. 9. Adoption, accreditation, and certification. Sec. 10. National Institute of Standards and Technology functions. Sec. 11. Effect on other laws. 2. Findings Congress finds that— (1) at the direction of Congress, the National Academy of Sciences led a comprehensive review of the state of forensic science and issued its findings in a 2009 report, Strengthening Forensic Science in the United States: A Path Forward (2) the report states that research is needed to address issues of accuracy, reliability, and validity in the forensic disciplines; (3) the report stresses the need for standards in methods, data interpretation, and reporting, and the importance of preventing cognitive bias and mitigating human factors; and (4) according to the report, forensic science research is not financially well supported, and there is a need for a unified strategy for developing a forensic science research plan across Federal agencies. 3. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress (2) Commission The term Commission (3) Coordinating Office The term Coordinating Office (4) Forensic science (A) In general The term forensic science (B) Applied scientific research In subparagraph (A), the term applied scientific research (C) Basic scientific research In subparagraph (A), the term basic scientific research (5) Interagency Committee The term Interagency Committee (6) Standards development organization The term standards development organization 4. National forensic science research initiative (a) Establishment There shall be a National Forensic Science Research Initiative to improve, expand, and coordinate Federal research in the forensic sciences. Federal participation shall include the National Science Foundation, the National Institute of Standards and Technology, the Department of Justice, and other Federal departments, agencies, and offices contributing to research in forensic science. (b) National forensic science coordinating office (1) Establishment There is established a National Forensic Science Coordinating Office, with a full-time director and additional staff, as needed, to be located at the Office of Science and Technology Policy. (2) Director The Director of the Coordinating Office shall be a senior Federal agency manager with expertise relevant to forensic science detailed to the Office of Science and Technology Policy for a period of 3 years. Responsibility for providing a director shall rotate among the Federal departments, agencies, or offices participating in the National Forensic Science Research Initiative. (3) Duties of the Director The Director shall be responsible for carrying out the provisions of this section, including coordinating the development of a unified Federal research strategy under subsection (e), working with the Federal departments, agencies, and offices to execute the research strategy, coordinating the interagency forensic science committee established in subsection (c), and overseeing periodic reviews of the initiative. (4) Funding Responsibility to fund the Coordinating Office shall be shared by the Federal departments, agencies, and offices participating in the National Forensic Science Research Initiative. The Federal departments, agencies, and offices participating in the National Forensic Science Research Initiative may dedicate additional full- or part-time staff to the Coordinating Office, as appropriate, to sustain ongoing activities, facilitate special studies, and provide additional support. (c) Interagency forensic science committee There is established an interagency forensic science committee. The Interagency Committee shall be co-chaired by the Director of the Coordinating Office and a senior Federal agency scientist with expertise relevant to forensic science from a Federal department, agency, or office participating in the National Forensic Science Research Initiative. Committee members shall include representatives from the National Science Foundation, the National Institute of Standards and Technology, the Department of Justice, the Department of Homeland Security, the Department of Defense, and other Federal departments, agencies, and offices contributing to research in forensic science. (d) Report on Forensic Science Not later than 180 days after the date of enactment of this Act— (1) the Director of the National Science Foundation, in consultation with the Director of the Coordinating Office, shall contract with the National Academy of Sciences, or a similar external, independent science entity, to develop a report that— (A) identifies the most critical forensic science disciplines that require further research to strengthen the scientific foundation in those disciplines; (B) makes recommendations regarding research that will help strengthen the scientific foundation in the forensic science disciplines identified under subparagraph (A) and mechanisms to accomplish that research; (C) takes into account previous studies and reports; and (D) takes into account the expertise and needs of Federal, State, and local forensic science practitioners, law enforcement, the legal community, victim advocate organizations, and organizations that defend the wrongfully convicted; and (2) the entity contracted under paragraph (1) shall submit the report under that paragraph to the Director of the National Science Foundation, the Director of the Coordinating Office, the Attorney General, and the appropriate committees of Congress. (e) Unified Federal research strategy The Director of the Coordinating Office, in coordination with the Interagency Committee, shall oversee— (1) the development of a unified Federal research strategy that— (A) specifies and prioritizes the research necessary to enhance the validity and reliability of the forensic science disciplines; (B) is consistent with the recommendations in the report on forensic science under subsection (d); and (C) takes into account practical applications and implementation of the research; (2) the development of a 5-year roadmap, updated triennially thereafter, for the implementation of the unified Federal research strategy under paragraph (1) that includes a description of— (A) which Federal department, agency, or office will carry out each specific element of the unified Federal research strategy; (B) short-term and long-term priorities and objectives; and (C) common metrics and other evaluation criteria that will be used to assess progress toward achieving the priorities and objectives under subparagraph (B); and (3) the development of any necessary programs, policies, and budgets to support the implementation of the roadmap under paragraph (2), including mechanisms for joint-agency review of research proposals, for interagency co-funding of research activities, and for information sharing across agencies. (f) Consultation In developing and implementing the unified Federal research strategy and roadmap, the Director of the Coordinating Office shall consult with State and local laboratories, as appropriate, to ensure that the unified Federal research strategy and roadmap take into account practical applications and implementations of the research under subsection (e)(1)(C). (g) Evaluation The Director of the Coordinating Office, in coordination with the Interagency Committee, shall— (1) evaluate biennially the National Forensic Science Research Initiative to ensure that all activities under this section, including research conducted under external grant activities, and through multidisciplinary research centers or centers of excellence, meet the goals established by the unified Federal research strategy and implementation of the 5-year roadmap; and (2) report biennially to the appropriate committees of Congress the findings under paragraph (1). (h) Deadlines The Director of the Coordinating Office shall submit to the appropriate committees of Congress— (1) not later than 180 days after the date of receipt of the report on forensic science under subsection (d), the unified Federal research strategy under subsection (e)(1); (2) not later than 180 days after the date of receipt of the report on forensic science under subsection (d), the initial 5-year roadmap under subsection (e)(2); and (3) not later than 1 month after the date it is updated, each updated 5-year roadmap under subsection (e)(2). 5. Implementation of forensic science research recommendations (a) Establishment Federal departments, agencies, and offices participating in the National Forensic Science Research Initiative, including the National Science Foundation, the National Institute of Standards and Technology, and the Department of Justice, in partnership with the Director of the Coordinating Office, shall improve the foundation and practice of forensic science in the United States by— (1) conducting or supporting research consistent with the unified Federal research strategy under section 4; (2) building relationships between forensic science practitioners and members of the research community; (3) encouraging and promoting the education and training of a diverse group of people to be leaders in the interdisciplinary field of forensic science; and (4) broadly disseminating the results of the research under paragraph (1). (b) External grant activities All external forensic science research grants awarded by the Federal departments, agencies, or offices under this section shall be consistent with the merit review criteria as approved by the National Science Board and described in the National Science Foundation Proposal and Award Policies and Procedures Guide, including— (1) the ability of each proposed research activity to advance knowledge and understanding relevant to the forensic sciences and to benefit society or advance desired societal outcomes; (2) the potential for the research activity to explore creative, original, or transformative concepts; (3) the qualifications of the individual, team, or organization proposing the research activity and the adequacy of the research plan; and (4) the adequacy of the resources available to the individual, team, or organization proposing the research activity. (c) Publication All research conducted from grants awarded under this section by the Federal departments, agencies, or offices shall take into consideration the requirements of peer-reviewed scientific journals, and encourage the communication and open exchange of data and results to other agencies, policymakers, and the public. (d) Grant activities The National Science Foundation shall award grants to improve the foundation of forensic science in the United States. Additional mechanisms for implementation may include interagency solicitations, workshops, interagency details and memoranda of understanding, cooperative research centers, pilot programs, and demonstration projects. (e) Forensic science research centers (1) Multidisciplinary research centers (A) In general As part of the National Forensic Science Research Initiative, taking into account the unified Federal research strategy under section 4(e), as informed by the report on forensic science required under section 4(d), the Director of the National Science Foundation, in collaboration with other Federal departments, agencies, and offices contributing to research in forensic science, shall establish 1 or more multidisciplinary research centers led by public-private partnerships between universities, industry, State or local entities, and Federal agencies. Each multidisciplinary research center shall be created with the following objectives: (i) Conducting basic and translational research relevant for forensic science. (ii) Encouraging the application of the research under clause (i) to practical uses. (iii) Educating undergraduate and graduate students and developing a workforce in fields relevant to forensic science. (B) Evaluation The Director of the National Science Foundation shall conduct a comprehensive evaluation of the forensic science research grants awarded by the National Science Foundation and multidisciplinary research centers every 4 years— (i) to determine whether the National Science Foundation is achieving the objectives of improving the foundation of forensic science in the United States; and (ii) to evaluate the extent to which the National Science Foundation is contributing toward the priorities and objectives described in the roadmap under section 4(e). (C) Reporting requirement The Director of the National Science Foundation shall report to the appropriate committees of Congress and the Director of the Coordinating Office the results of each comprehensive evaluation under subparagraph (B). (2) Center of excellence (A) In general The Director of the National Institute of Standards and Technology shall establish and operate a competitively selected Center of Excellence focusing on measurement sciences, technology, and standards in forensic science with the following objectives: (i) To improve the standards of practice in the forensic sciences in the United States. (ii) To produce research collaborations between the National Institute of Standards and Technology, academia, forensic science practitioners, and industry focused on accelerating innovations and new technology development in the forensic sciences. (iii) To fund the development of new forensics techniques, including automated testing methodologies, and to help transition these techniques to industry and practitioners. (iv) To fund the evaluation of new and existing forensic techniques in terms of reliability, cost effectiveness, and other metrics, as appropriate, and to help transition these techniques to industry and practitioners. (v) To provide training opportunities for undergraduate, graduate, and post-doctoral students in measurement science, as is relevant to the forensic disciplines. (vi) To encourage interdisciplinary research in the forensic sciences by leveraging access to unique National Institute of Standards and Technology facilities and expertise, as appropriate. (vii) To broadly disseminate the results of the National Institute of Standards and Technology forensic science research. (B) Evaluation The Director of the National Institute of Standards and Technology shall conduct a comprehensive evaluation of the Center of Excellence every 4 years— (i) to determine whether the Center of Excellence is achieving the objectives outlined in subparagraph (A); (ii) to evaluate the extent to which the Center of Excellence is contributing toward the priorities and objectives described in the roadmap under section 4(e). (C) Report requirement The Director of the National Institute of Standards and Technology shall report to the appropriate committees of Congress and the Director of the Coordinating Office the results of each comprehensive evaluation under subparagraph (B). 6. Forensic science research challenges (a) Prizes and challenges (1) In general A Federal department, agency, or office may assist in satisfying the research needs and priorities identified in the unified Federal research strategy under section 4 by using prizes and challenges under the America COMPETES Reauthorization Act (124 Stat. 3982) or under any other provision of law, as appropriate. (2) Purposes The purpose of a prize or challenge under this section, among other possible purposes, may be— (A) to determine or develop the best data collection practices or analytical methods to evaluate a specific type of forensic data; (B) to quantify or improve the efficiency, reliability, or accuracy of an analytical method; (C) to design new methodologies to integrate evidence collection, documentation, and analysis at crime scenes; or (D) to address other topics as proposed by the forensic science community. (b) Forensic data sets The National Institute of Standards and Technology or the Department of Justice shall provide or contract with a non-Federal party to prepare, when necessary, for each prize carried out under this section, a sufficient set of data or samples, including associated digital data that could be shared without limitation and physical specimens that could be shared with qualified parties, for purposes of a prize or challenge. 7. Forensic science standards (a) Establishment (1) In general To enhance the validity and reliability of forensic science activities, the National Institute of Standards and Technology shall— (A) identify and coordinate the development of voluntary consensus forensic science standards, including— (i) methods, standards, and technical guidance, including protocols and best practices, for analysis and interpretation; (ii) technical standards useful in the development of products employed by forensic science practitioners; (iii) standard content, terminology, and parameters to be used in reporting the results and interpretation of forensic science measurements, tests, and procedures; and (iv) standards for the interoperability of forensic science-related technology and databases; (B) develop forensic science measurement standards, standard reference materials, and other reference materials to support forensic science disciplines and associated measurements; (C) test and validate existing forensics science standards, as appropriate; and (D) provide independent validation of forensic science measurements and methods. (2) Consultation (A) In general In carrying out its responsibilities under paragraph (1), the National Institute of Standards and Technology shall consult with, and in carrying out its responsibilities under paragraph (1)(A) may partner or contract with— (i) standards development organizations and other stakeholders, including the Department of Justice and other relevant Federal departments, agencies, and offices; and (ii) testing laboratories, State and local forensic science practitioners, and certification and accreditation bodies, as appropriate. (3) Prioritization When prioritizing its responsibilities under paragraph (1), the National Institute of Standards and Technology shall consider— (A) the unified Federal research strategy and roadmap under section 4; and (B) the recommendations of the scientific area committees under subsection (b). (4) Public review and comment The Director of the National Institute of Standards and Technology shall ensure that any proposed voluntary consensus standards, guidelines, or methods developed under this section are publically available, and that the forensic community has an opportunity for public review and comment on voluntary consensus standards. (5) Report to Congress The Director of the National Institute of Standards and Technology shall report biennially to the appropriate committees of Congress on the progress in carrying out the National Institute of Standards and Technology's responsibilities under paragraph (1). (b) Scientific area committees (1) In general The Director of the National Institute of Standards and Technology and the Attorney General shall establish scientific area committees to identify gaps in and opportunities for standards development in the forensic sciences. The scientific area committees shall report to and be administered by the Director of the National Institute of Standards and Technology. (2) Duties The scientific area committees shall be the primary mechanism for identifying and coordinating the development of voluntary consensus forensic science standards as described in subsection (a). The scientific area committees shall submit, for consideration by forensic science stakeholders and by the Commission established in section 8, guidance on these forensic science standards. In accomplishing this objective, the scientific area committees shall— (A) encourage information exchange within the forensic science community, to include researchers, practitioners, law enforcement, and legal professionals; (B) ensure that standards development is appropriate to the needs of the forensic science community and relevant to practical applications; (C) take into account existing studies and reports; and (D) by holding public meetings and disseminating work products, including records, reports, minutes, and agendas, for public review and comment to the extent practicable, support public participation in the standards development process and the broad adoption of forensic science standards. (3) Members The scientific area committees shall have significant representation from forensic science practitioners, academic researchers, and statisticians to balance scientific rigor with practical and regulatory constraints, and, to the extent practicable, the majority of the scientific area committees shall have a minimum representation of 50 percent from forensic science practitioners. Each member of a scientific area committee shall have significant academic, research, or practical expertise in a discipline of forensic science or in another area relevant to the purpose of the scientific area committee. (4) Federal Advisory Committee Act A scientific area committee established under this subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (c) Authorization of appropriations There are authorized to be appropriated out of otherwise available appropriations to the National Institute of Standards and Technology to carry out this section— (1) $8,000,000 for fiscal year 2014; (2) $12,000,000 for fiscal year 2015; and (3) $16,000,000 for fiscal year 2016. 8. National Commission on Forensic Science (a) Establishment The Director of the National Institute of Standards and Technology and the Attorney General, in consultation with the Director of the National Science Foundation, shall establish a National Commission on Forensic Science. (b) Duties The Commission shall— (1) provide advice to the Federal departments, agencies, and offices implementing the unified Federal research strategy under section 4; (2) provide advice to the National Institute of Standards and Technology, including recommendations regarding the National Institute of Standards and Technology's responsibilities under section 7; (3) receive and review guidance on standards setting from the scientific area committees established under section 7 and, based on this guidance, advise the Department of Justice on the promotion of forensic science standards; and (4) provide advice to the Department of Justice, including recommendations regarding the development of a forensic science uniform code of professional responsibility and the Department of Justice's responsibilities under section 9. (c) Subcommittees The Commission may form subcommittees related to specific disciplines in forensic science or as necessary to further its duties under subsection (b). A subcommittee may include an individual who is not a member of the Commission. (d) Chairs The Director of the National Institute of Standards and Technology and the Attorney General, or their designees, shall co-chair the Commission. (e) Membership The Director of the National Institute of Standards and Technology and the Attorney General, in consultation with the Director of the National Science Foundation, shall appoint each member of the Commission. The Commission shall include balanced representation between forensic science disciplines (including academic scientists, statisticians, social scientists, engineers, and representatives of other related scientific disciplines) and relevant forensic science applications (including Federal, State, and local representatives of the forensic science community, the legal community, victim advocate organizations, and law enforcement). (f) Administration The Attorney General shall provide administrative support to the Commission. 9. Adoption, accreditation, and certification The Attorney General shall promote the adoption of forensic science standards developed under section 7, including— (1) by requiring, as appropriate, each laboratory under the Department of Justice to adopt the forensic science standards; (2) by encouraging other Federal forensic laboratories to adopt the forensic science standards; (3) by promoting accreditation and certification requirements based on the forensic science standards; and (4) by promoting any recommendations made by the Commission for adoption and implementation of forensic science standards. 10. National Institute of Standards and Technology functions Section 2(b) of the National Institute of Standards and Technology Act ( 15 U.S.C. 272(b) (1) in paragraph (12), by striking and (2) in paragraph (13), by striking the period at the end and inserting ; and (3) by adding at the end the following: (14) to identify and coordinate the development of voluntary consensus forensic science standards to enhance the validity and reliability of forensic science activities. . 11. Effect on other laws Nothing in this Act shall be construed to affect or alter the support and technical assistance for State and local laboratories under part BB of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797j et seq. December 8, 2014 Reported with an amendment	Forensic Science and Standards Act of 2014
Fair Elections Now Act - Amends the Federal Election Campaign Act of 1971 (FECA) with respect to: (1) eligibility and qualifying contribution requirements and benefits of fair elections financing of Senate election campaigns, (2) establishment of a Fair Elections Fund, (3) eligibility for Fund allocations, (4) contribution and expenditure requirements, (5) a public debate requirement, (6) certification of whether or not a federal election candidate is a participating candidate, (7) benefits for participating candidates, (8) 600% matching payments to candidates for certain small dollar contributions, (9) political advertising vouchers, (10) establishment of a Fair Elections Oversight Board, (11) civil penalties for violation of contribution and expenditure requirements, (12) prohibition of joint fundraising committees with any political committee other than a candidate's authorized committee, and (13) an exception to a specified limitation on coordinated expenditures by political party committees with participating candidates for any expenditure from a qualified political party-participating candidate coordinated expenditure fund. Amends the Communications Act of 1934 to: (1) prohibit the preemption of the use of a broadcasting station by a legally qualified Senate candidate who has purchased and paid for such use, (2) revise Federal Communications Commission (FCC) authority to revoke licenses for broadcasting stations who fail to provide access to Senate candidates, and (3) revise the formula for determining reduced broadcast rates for participating candidates in certain circumstances. Directs the FCC to initiate a rulemaking proceeding to establish a standardized form to be used by broadcasting stations to record and report the purchase of advertising time by or on behalf of a candidate for nomination for election, or for election, to federal elective office. Amends FECA to: (1) empower the Federal Election Commission (FEC) to petition the U.S. Supreme Court for a writ of certiorari to appeal a civil action; (2) require all designations, statements, and reports required to be filed under FECA to be filed directly with the FEC, and in computer-accessible electronic form; and (3) reduce from 48 to 24 hours after their receipt the deadline for the FEC to make designations, statements, reports, or notifications available to the public in the FEC office and on the Internet. Amends the Internal Revenue Code to allow a refundable tax credit in the amount of 50% of the qualified My Voice Federal Senate campaign contributions paid or incurred by the taxpayer during the taxable year. Limits such credit to a maximum $50 (twice such amount in the case of a joint return). Prohibits any such credit to any taxpayer who made aggregate contribuitons in excess of $300 during the taxable year to any single federal Senate candidate or to any political committee established and maintained by a national party. Imposes an excise tax on any payment made pursuant to a U.S. government contract to any person that is not a state or local government, a foreign nation, or a tax-exempt organization and that has contracts with the U.S. government in excess of $10 million. Sets the rate of such tax imposed on any payment to a qualified person under any such contract at 0.50% of the amount paid and limits the aggregate annual amount of tax so imposed for any calendar year to not more than $500,000. Expresses the sense of the Senate that the tax revenues raised by this Act should be used for the financing of a Fair Elections Fund and the public financing of Senate elections.	To reform the financing of Senate elections, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Fair Elections Now Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Fair elections financing of Senate election campaigns Subtitle A—Fair elections financing program Sec. 101. Findings and declarations. Sec. 102. Eligibility requirements and benefits of Fair Elections financing of Senate election campaigns. Sec. 103. Prohibition on joint fundraising committees. Sec. 104. Exception to limitation on coordinated expenditures by political party committees with participating candidates. TITLE II—Improving voter information Sec. 201. Broadcasts relating to all Senate candidates. Sec. 202. Broadcast rates for participating candidates. Sec. 203. FCC to prescribe standardized form for reporting candidate campaign ads. TITLE III—Responsibilities of the Federal Election Commission Sec. 301. Petition for certiorari. Sec. 302. Filing by Senate candidates with Commission. Sec. 303. Electronic filing of FEC reports. TITLE IV—Participation in Funding of Elections Sec. 401. Refundable tax credit for Senate campaign contributions. TITLE V—Revenue provisions Sec. 501. Fair Elections Fund revenue. TITLE VI—Miscellaneous provisions Sec. 601. Severability. Sec. 602. Effective date. I Fair elections financing of Senate election campaigns A Fair elections financing program 101. Findings and declarations (a) Undermining of democracy by campaign contributions from private sources The Senate finds and declares that the current system of privately financed campaigns for election to the United States Senate has the capacity, and is often perceived by the public, to undermine democracy in the United States by— (1) creating a culture that fosters actual or perceived conflicts of interest by encouraging Senators to accept large campaign contributions from private interests that are directly affected by Federal legislation; (2) diminishing or appearing to diminish Senators' accountability to constituents by compelling legislators to be accountable to the major contributors who finance their election campaigns; (3) undermining the meaning of the right to vote by allowing monied interests to have a disproportionate and unfair influence within the political process; (4) imposing large, unwarranted costs on taxpayers through legislative and regulatory distortions caused by unequal access to lawmakers for campaign contributors; (5) making it difficult for some qualified candidates to mount competitive Senate election campaigns; (6) disadvantaging challengers and discouraging competitive elections; and (7) burdening incumbents with a preoccupation with fundraising and thus decreasing the time available to carry out their public responsibilities. (b) Enhancement of democracy by providing allocations from the Fair Elections Fund The Senate finds and declares that providing the option of the replacement of large private campaign contributions with allocations from the Fair Elections Fund for all primary, runoff, and general elections to the Senate would enhance American democracy by— (1) reducing the actual or perceived conflicts of interest created by fully private financing of the election campaigns of public officials and restoring public confidence in the integrity and fairness of the electoral and legislative processes through a program which allows participating candidates to adhere to substantially lower contribution limits for contributors with an assurance that there will be sufficient funds for such candidates to run viable electoral campaigns; (2) increasing the public's confidence in the accountability of Senators to the constituents who elect them, which derives from the program's qualifying criteria to participate in the voluntary program and the conclusions that constituents may draw regarding candidates who qualify and participate in the program; (3) helping to reduce the ability to make large campaign contributions as a determinant of a citizen's influence within the political process by facilitating the expression of support by voters at every level of wealth, encouraging political participation, and incentivizing participation on the part of Senators through the matching of small dollar contributions; (4) potentially saving taxpayers billions of dollars that may be (or that are perceived to be) currently allocated based upon legislative and regulatory agendas skewed by the influence of campaign contributions; (5) creating genuine opportunities for all Americans to run for the Senate and encouraging more competitive elections; (6) encouraging participation in the electoral process by citizens of every level of wealth; and (7) freeing Senators from the incessant preoccupation with raising money, and allowing them more time to carry out their public responsibilities. 102. Eligibility requirements and benefits of Fair Elections financing of Senate election campaigns The Federal Election Campaign Act of 1971 2 U.S.C. 431 et seq. V Fair elections financing of Senate election campaigns A General provisions 501. Definitions In this title: (1) Allocation from the Fund The term allocation from the Fund (2) Board The term Board (3) Fair Elections qualifying period The term Fair Elections qualifying period (A) beginning on the date on which the candidate files a statement of intent under section 511(a)(1); and (B) ending on the date that is 30 days before— (i) the date of the primary election; or (ii) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (4) Fair Elections start date The term Fair Elections start date (A) the date of the primary election; or (B) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (5) Fund The term Fund (6) Immediate family The term immediate family (A) the candidate’s spouse; (B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and (C) the spouse of any person described in subparagraph (B). (7) Matching contribution The term matching contribution (8) Nonparticipating candidate The term nonparticipating candidate (9) Participating candidate The term participating candidate (10) Qualifying contribution The term qualifying contribution (A) is in an amount that is— (i) not less than the greater of $5 or the amount determined by the Commission under section 531; and (ii) not more than the greater of $150 or the amount determined by the Commission under section 531; (B) is made by an individual— (i) who is a resident of the State in which such candidate is seeking election; and (ii) who is not otherwise prohibited from making a contribution under this Act; (C) is made during the Fair Elections qualifying period; and (D) meets the requirements of section 512(b). (11) Qualified small dollar contribution The term qualified small dollar contribution (A) which is not a qualifying contribution (or does not include a qualifying contribution); (B) which is made by an individual who is not prohibited from making a contribution under this Act; and (C) the aggregate amount of which does not exceed the greater of— (i) $150 per election; or (ii) the amount per election determined by the Commission under section 531. 502. Fair Elections Fund (a) Establishment There is established in the Treasury a fund to be known as the Fair Elections Fund (b) Amounts held by Fund The Fund shall consist of the following amounts: (1) Appropriated amounts (A) In general Amounts appropriated to the Fund. (B) Sense of the Senate regarding appropriations It is the sense of the Senate that— (i) there should be imposed on any payment made to any person (other than a State or local government or a foreign nation) who has contracts with the Government of the United States in excess of $10,000,000 a tax equal to 0.50 percent of amount paid pursuant to such contracts, except that the aggregate tax for any person for any taxable year shall not exceed $500,000; and (ii) the revenue from such tax should be appropriated to the Fund. (2) Voluntary contributions Voluntary contributions to the Fund. (3) Other deposits Amounts deposited into the Fund under— (A) section 513(c) (relating to exceptions to contribution requirements); (B) section 521(c) (relating to remittance of allocations from the Fund); (C) section 533 (relating to violations); and (D) any other section of this Act. (4) Investment returns Interest on, and the proceeds from, the sale or redemption of, any obligations held by the Fund under subsection (c). (c) Investment The Commission shall invest portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) of the Internal Revenue Code of 1986. (d) Use of Fund (1) In general The sums in the Fund shall be used to provide benefits to participating candidates as provided in subtitle C. (2) Insufficient amounts Under regulations established by the Commission, rules similar to the rules of section 9006(c) of the Internal Revenue Code shall apply. B Eligibility and certification 511. Eligibility (a) In general A candidate for Senator is eligible to receive an allocation from the Fund for any election if the candidate meets the following requirements: (1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate under this title during the period beginning on the Fair Elections start date and ending on the last day of the Fair Elections qualifying period. (2) The candidate meets the qualifying contribution requirements of section 512. (3) Not later than the last day of the Fair Elections qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 513; (B) if certified, will comply with the debate requirements of section 514; (C) if certified, will not run as a nonparticipating candidate during such year in any election for the office that such candidate is seeking; and (D) has either qualified or will take steps to qualify under State law to be on the ballot. (b) General election Notwithstanding subsection (a), a candidate shall not be eligible to receive an allocation from the Fund for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate otherwise qualified to be on the ballot under State law. 512. Qualifying contribution requirement (a) In general A candidate for Senator meets the requirement of this section if, during the Fair Elections qualifying period, the candidate obtains— (1) a number of qualifying contributions equal to the greater of— (A) the sum of— (i) 2,000; plus (ii) 500 for each congressional district in the State with respect to which the candidate is seeking election; or (B) the amount determined by the Commission under section 531; and (2) a total dollar amount of qualifying contributions equal to the greater of— (A) 10 percent of the amount of the allocation such candidate would be entitled to receive for the primary election under section 522(c)(1) (determined without regard to paragraph (5) thereof) if such candidate were a participating candidate; or (B) the amount determined by the Commission under section 531. (b) Requirements relating to receipt of qualifying contribution Each qualifying contribution— (1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account; (2) shall be accompanied by a signed statement containing— (A) the contributor’s name and the contributor's address in the State in which the contributor is registered to vote; and (B) an oath declaring that the contributor— (i) understands that the purpose of the qualifying contribution is to show support for the candidate so that the candidate may qualify for Fair Elections financing; (ii) is making the contribution in his or her own name and from his or her own funds; (iii) has made the contribution willingly; and (iv) has not received anything of value in return for the contribution; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election. (c) Verification of qualifying contributions The Commission shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section. 513. Contribution and expenditure requirements (a) General rule A candidate for Senator meets the requirements of this section if, during the election cycle of the candidate, the candidate— (1) except as provided in subsection (b), accepts no contributions other than— (A) qualifying contributions; (B) qualified small dollar contributions; (C) allocations from the Fund under section 522; (D) matching contributions under section 523; and (E) vouchers provided to the candidate under section 524; (2) makes no expenditures from any amounts other than from— (A) qualifying contributions; (B) qualified small dollar contributions; (C) allocations from the Fund under section 522; (D) matching contributions under section 523; and (E) vouchers provided to the candidate under section 524; and (3) makes no expenditures from personal funds or the funds of any immediate family member (other than funds received through qualified small dollar contributions and qualifying contributions). For purposes of this subsection, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. (b) Contributions for leadership PACs, etc A political committee of a participating candidate which is not an authorized committee of such candidate may accept contributions other than contributions described in subsection (a)(1) from any person if— (1) the aggregate contributions from such person for any calendar year do not exceed $150; and (2) no portion of such contributions is disbursed in connection with the campaign of the participating candidate. (c) Exception Notwithstanding subsection (a), a candidate shall not be treated as having failed to meet the requirements of this section if any contributions that are not qualified small dollar contributions, qualifying contributions, or contributions that meet the requirements of subsection (b) and that are accepted before the date the candidate files a statement of intent under section 511(a)(1) are— (1) returned to the contributor; or (2) submitted to the Commission for deposit in the Fund. 514. Debate requirement A candidate for Senator meets the requirements of this section if the candidate participates in at least— (1) 1 public debate before the primary election with other participating candidates and other willing candidates from the same party and seeking the same nomination as such candidate; and (2) 2 public debates before the general election with other participating candidates and other willing candidates seeking the same office as such candidate. 515. Certification (a) In general Not later than 5 days after a candidate for Senator files an affidavit under section 511(a)(3), the Commission shall— (1) certify whether or not the candidate is a participating candidate; and (2) notify the candidate of the Commission's determination. (b) Revocation of certification (1) In general The Commission may revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification; or (B) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Repayment of benefits If certification is revoked under paragraph (1), the candidate shall repay to the Fund an amount equal to the value of benefits received under this title plus interest (at a rate determined by the Commission) on any such amount received. C Benefits 521. Benefits for participating candidates (a) In general For each election with respect to which a candidate is certified as a participating candidate, such candidate shall be entitled to— (1) an allocation from the Fund to make or obligate to make expenditures with respect to such election, as provided in section 522; (2) matching contributions, as provided in section 523; and (3) for the general election, vouchers for broadcasts of political advertisements, as provided in section 524. (b) Restriction on uses of allocations from the Fund Allocations from the Fund received by a participating candidate under section 522 and matching contributions under section 523 may only be used for campaign-related costs. (c) Remitting allocations from the Fund (1) In general Not later than the date that is 45 days after an election in which the participating candidate appeared on the ballot, such participating candidate shall remit to the Commission for deposit in the Fund an amount equal to the lesser of— (A) the amount of money in the candidate's campaign account; or (B) the sum of the allocations from the Fund received by the candidate under section 522 and the matching contributions received by the candidate under section 523. (2) Exception In the case of a candidate who qualifies to be on the ballot for a primary runoff election, a general election, or a general runoff election, the amounts described in paragraph (1) may be retained by the candidate and used in such subsequent election. 522. Allocations from the Fund (a) In general The Commission shall make allocations from the Fund under section 521(a)(1) to a participating candidate— (1) in the case of amounts provided under subsection (c)(1), not later than 48 hours after the date on which such candidate is certified as a participating candidate under section 515; (2) in the case of a general election, not later than 48 hours after— (A) the date of the certification of the results of the primary election or the primary runoff election; or (B) in any case in which there is no primary election, the date the candidate qualifies to be placed on the ballot; and (3) in the case of a primary runoff election or a general runoff election, not later than 48 hours after the certification of the results of the primary election or the general election, as the case may be. (b) Method of payment The Commission shall distribute funds available to participating candidates under this section through the use of an electronic funds exchange or a debit card. (c) Amounts (1) Primary election allocation; initial allocation Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a primary election to a participating candidate in an amount equal to 67 percent of the base amount with respect to such participating candidate. (2) Primary runoff election allocation The Commission shall make an allocation from the Fund for a primary runoff election to a participating candidate in an amount equal to 25 percent of the amount the participating candidate was eligible to receive under this section for the primary election. (3) General election allocation Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a general election to a participating candidate in an amount equal to the base amount with respect to such candidate. (4) General runoff election allocation The Commission shall make an allocation from the Fund for a general runoff election to a participating candidate in an amount equal to 25 percent of the base amount with respect to such candidate. (5) Uncontested elections (A) In general In the case of a primary or general election that is an uncontested election, the Commission shall make an allocation from the Fund to a participating candidate for such election in an amount equal to 25 percent of the allocation which such candidate would be entitled to under this section for such election if this paragraph did not apply. (B) Uncontested election defined For purposes of this subparagraph, an election is uncontested if not more than 1 candidate has campaign funds (including payments from the Fund) in an amount equal to or greater than 10 percent of the allocation a participating candidate would be entitled to receive under this section for such election if this paragraph did not apply. (d) Base amount (1) In general Except as otherwise provided in this subsection, the base amount for any candidate is an amount equal to the greater of— (A) the sum of— (i) $750,000; plus (ii) $150,000 for each congressional district in the State with respect to which the candidate is seeking election; or (B) the amount determined by the Commission under section 531. (2) Indexing In each even-numbered year after 2015— (A) each dollar amount under paragraph (1)(A) shall be increased by the percent difference between the price index (as defined in section 315(c)(2)(A)) for the 12 months preceding the beginning of such calendar year and the price index for calendar year 2014; (B) each dollar amount so increased shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (C) if any amount after adjustment under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. 523. Matching payments for qualified small dollar contributions (a) In general The Commission shall pay to each participating candidate an amount equal to 600 percent of the amount of qualified small dollar contributions received by the candidate from individuals who are residents of the State in which such participating candidate is seeking election after the date on which such candidate is certified under section 515. (b) Limitation The aggregate payments under subsection (a) with respect to any candidate shall not exceed the greater of— (1) 400 percent of the allocation such candidate is entitled to receive for such election under section 522 (determined without regard to subsection (c)(5) thereof); or (2) the percentage of such allocation determined by the Commission under section 531. (c) Time of payment The Commission shall make payments under this section not later than 2 business days after the receipt of a report made under subsection (d). (d) Reports (1) In general Each participating candidate shall file reports of receipts of qualified small dollar contributions at such times and in such manner as the Commission may by regulations prescribe. (2) Contents of reports Each report under this subsection shall disclose— (A) the amount of each qualified small dollar contribution received by the candidate; (B) the amount of each qualified small dollar contribution received by the candidate from a resident of the State in which the candidate is seeking election; and (C) the name, address, and occupation of each individual who made a qualified small dollar contribution to the candidate. (3) Frequency of reports Reports under this subsection shall be made no more frequently than— (A) once every month until the date that is 90 days before the date of the election; (B) once every week after the period described in subparagraph (A) and until the date that is 21 days before the election; and (C) once every day after the period described in subparagraph (B). (4) Limitation on regulations The Commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election. (e) Appeals The Commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide the opportunity for review and reconsideration within 5 business days of such denial. 524. Political advertising vouchers (a) In general The Commission shall establish and administer a voucher program for the purchase of airtime on broadcasting stations for political advertisements in accordance with the provisions of this section. (b) Candidates The Commission shall only disburse vouchers under the program established under subsection (a) to participants certified pursuant to section 515 who have agreed in writing to keep and furnish to the Commission such records, books, and other information as it may require. (c) Amounts The Commission shall disburse vouchers to each candidate certified under subsection (b) in an aggregate amount equal to the greater of— (1) $100,000 multiplied by the number of congressional districts in the State with respect to which such candidate is running for office; or (2) the amount determined by the Commission under section 531. (d) Use (1) Exclusive use Vouchers disbursed by the Commission under this section may be used only for the purchase of broadcast airtime for political advertisements relating to a general election for the office of Senate by the participating candidate to which the vouchers were disbursed, except that— (A) a candidate may exchange vouchers with a political party under paragraph (2); and (B) a political party may use vouchers only to purchase broadcast airtime for political advertisements for generic party advertising (as defined by the Commission in regulations), to support candidates for State or local office in a general election, or to support participating candidates of the party in a general election for Federal office, but only if it discloses the value of the voucher used as an expenditure under section 315(d). (2) Exchange with political party committee (A) In general A participating candidate who receives a voucher under this section may transfer the right to use all or a portion of the value of the voucher to a committee of the political party of which the individual is a candidate (or, in the case of a participating candidate who is not a member of any political party, to a committee of the political party of that candidate’s choice) in exchange for money in an amount equal to the cash value of the voucher or portion exchanged. (B) Continuation of candidate obligations The transfer of a voucher, in whole or in part, to a political party committee under this paragraph does not release the candidate from any obligation under the agreement made under subsection (b) or otherwise modify that agreement or its application to that candidate. (C) Party committee obligations Any political party committee to which a voucher or portion thereof is transferred under subparagraph (A)— (i) shall account fully, in accordance with such requirements as the Commission may establish, for the receipt of the voucher; and (ii) may not use the transferred voucher or portion thereof for any purpose other than a purpose described in paragraph (1)(B). (D) Voucher as a contribution under FECA If a candidate transfers a voucher or any portion thereof to a political party committee under subparagraph (A)— (i) the value of the voucher or portion thereof transferred shall be treated as a contribution from the candidate to the committee, and from the committee to the candidate, for purposes of sections 302 and 304; (ii) the committee may, in exchange, provide to the candidate only funds subject to the prohibitions, limitations, and reporting requirements of title III of this Act; and (iii) the amount, if identified as a voucher exchange (e) Value; acceptance; redemption (1) Voucher Each voucher disbursed by the Commission under this section shall have a value in dollars, redeemable upon presentation to the Commission, together with such documentation and other information as the Commission may require, for the purchase of broadcast airtime for political advertisements in accordance with this section. (2) Acceptance A broadcasting station shall accept vouchers in payment for the purchase of broadcast airtime for political advertisements in accordance with this section. (3) Redemption The Commission shall redeem vouchers accepted by broadcasting stations under paragraph (2) upon presentation, subject to such documentation, verification, accounting, and application requirements as the Commission may impose to ensure the accuracy and integrity of the voucher redemption system. (4) Expiration (A) Candidates A voucher may only be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on the day before the date of the Federal election in connection with which it was issued and shall be null and void for any other use or purpose. (B) Exception for political party committees A voucher held by a political party committee may be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on December 31st of the odd-numbered year following the year in which the voucher was issued by the Commission. (5) Voucher as expenditure under feca The use of a voucher to purchase broadcast airtime constitutes an expenditure as defined in section 301(9)(A). (f) Definitions In this section: (1) Broadcasting station The term broadcasting station (2) Political party The term political party D Administrative provisions 531. Fair Elections Oversight Board (a) Establishment There is established within the Federal Election Commission an entity to be known as the Fair Elections Oversight Board (b) Structure and membership (1) In general The Board shall be composed of 5 members appointed by the President by and with the advice and consent of the Senate, of whom— (A) 2 shall be appointed after consultation with the majority leader of the Senate; (B) 2 shall be appointed after consultation with the minority leader of the Senate; and (C) 1 shall be appointed upon the recommendation of the members appointed under subparagraphs (A) and (B). (2) Qualifications (A) In general The members shall be individuals who are nonpartisan and, by reason of their education, experience, and attainments, exceptionally qualified to perform the duties of members of the Board. (B) Prohibition No member of the Board may be— (i) an employee of the Federal Government; (ii) a registered lobbyist; or (iii) an officer or employee of a political party or political campaign. (3) Date Members of the Board shall be appointed not later than 60 days after the date of the enactment of this Act. (4) Terms A member of the Board shall be appointed for a term of 5 years. (5) Vacancies A vacancy on the Board shall be filled not later than 30 calendar days after the date on which the Board is given notice of the vacancy, in the same manner as the original appointment. The individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual’s predecessor was appointed. (6) Chairperson The Board shall designate a Chairperson from among the members of the Board. (c) Duties and powers (1) Administration (A) In general The Board shall have such duties and powers as the Commission may prescribe, including the power to administer the provisions of this title. (2) Review of fair elections financing (A) In general After each general election for Federal office, the Board shall conduct a comprehensive review of the Fair Elections financing program under this title, including— (i) the maximum dollar amount of qualified small dollar contributions under section 501(11); (ii) the maximum and minimum dollar amounts for qualifying contributions under section 501(10); (iii) the number and value of qualifying contributions a candidate is required to obtain under section 512 to qualify for allocations from the Fund; (iv) the amount of allocations from the Fund that candidates may receive under section 522; (v) the maximum amount of matching contributions a candidate may receive under section 523; (vi) the amount and usage of vouchers under section 524; (vii) the overall satisfaction of participating candidates and the American public with the program; and (viii) such other matters relating to financing of Senate campaigns as the Board determines are appropriate. (B) Criteria for review In conducting the review under subparagraph (A), the Board shall consider the following: (i) Qualifying contributions and qualified small dollar contributions The Board shall consider whether the number and dollar amount of qualifying contributions required and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Board determines is appropriate. (ii) Review of program benefits The Board shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualifying contributions and small dollar contributions), allocations from the Fund under section 522, matching contributions under section 523, and vouchers under section 524 are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Board determines is appropriate. (C) Adjustment of amounts (i) In general Based on the review conducted under subparagraph (A), the Board shall provide for the adjustments of the following amounts: (I) the maximum dollar amount of qualified small dollar contributions under section 501(11)(C); (II) the maximum and minimum dollar amounts for qualifying contributions under section 501(10)(A); (III) the number and value of qualifying contributions a candidate is required to obtain under section 512(a)(1); (IV) the base amount for candidates under section 522(d); (V) the maximum amount of matching contributions a candidate may receive under section 523(b); and (VI) the dollar amount for vouchers under section 524(c). (ii) Regulations The Commission shall promulgate regulations providing for the adjustments made by the Board under clause (i). (D) Report Not later than March 30 following any general election for Federal office, the Board shall submit a report to Congress on the review conducted under paragraph (1). Such report shall contain a detailed statement of the findings, conclusions, and recommendations of the Board based on such review. (d) Meetings and hearings (1) Meetings The Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out the purposes of this Act. (2) Quorum Three members of the Board shall constitute a quorum for purposes of voting, but a quorum is not required for members to meet and hold hearings. (e) Reports Not later than March 30, 2017, and every 2 years thereafter, the Board shall submit to the Senate Committee on Rules and Administration a report documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. (f) Administration (1) Compensation of members (A) In general Each member, other than the Chairperson, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 (B) Chairperson The Chairperson shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Personnel (A) Director The Board shall have a staff headed by an Executive Director. The Executive Director shall be paid at a rate equivalent to a rate established for the Senior Executive Service under section 5382 (B) Staff appointment With the approval of the Chairperson, the Executive Director may appoint such personnel as the Executive Director and the Board determines to be appropriate. (C) Actuarial experts and consultants With the approval of the Chairperson, the Executive Director may procure temporary and intermittent services under section 3109(b) (D) Detail of government employees Upon the request of the Chairperson, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Board to assist in carrying out the duties of the Board. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (E) Other resources The Board shall have reasonable access to materials, resources, statistical data, and other information from the Library of Congress and other agencies of the executive and legislative branches of the Federal Government. The Chairperson of the Board shall make requests for such access in writing when necessary. (g) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle. 532. Administration provisions The Commission shall prescribe regulations to carry out the purposes of this title, including regulations— (1) to establish procedures for— (A) verifying the amount of valid qualifying contributions with respect to a candidate; (B) effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; (C) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; (D) monitoring the use of allocations from the Fund and matching contributions under this title through audits or other mechanisms; and (E) the administration of the voucher program under section 524; and (2) regarding the conduct of debates in a manner consistent with the best practices of States that provide public financing for elections. 533. Violations and penalties (a) Civil penalty for violation of contribution and expenditure requirements If a candidate who has been certified as a participating candidate under section 515(a) accepts a contribution or makes an expenditure that is prohibited under section 513, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Fund. (b) Repayment for improper use of Fair Elections Fund (1) In general If the Commission determines that any benefit made available to a participating candidate under this title was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to— (A) the amount of benefits so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. . 103. Prohibition on joint fundraising committees Section 302(e) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 432(e) (6) No authorized committee of a participating candidate (as defined in section 501) may establish a joint fundraising committee with a political committee other than an authorized committee of a candidate. . 104. Exception to limitation on coordinated expenditures by political party committees with participating candidates Section 315(d) of the Federal Election Campaign Act of 1971 2 U.S.C. 441a(d) (1) in paragraph (3)(A), by striking in the case of except as provided in paragraph (5), in the case of (2) by adding at the end the following new paragraph: (5) (A) The limitation under paragraph (3)(A) shall not apply with respect to any expenditure from a qualified political party-participating candidate coordinated expenditure fund. (B) In this paragraph, the term qualified political party-participating candidate coordinated expenditure fund (C) In this paragraph, the term qualified coordinated expenditure contribution (i) which is made by an individual who is not prohibited from making a contribution under this Act; and (ii) the aggregate amount of which does not exceed $500 per election. . II Improving voter information 201. Broadcasts relating to all Senate candidates (a) Lowest unit charge; national committees Section 315(b) of the Communications Act of 1934 (1) by striking to such office to such office, or by a national committee of a political party on behalf of such candidate in connection with such campaign, (2) by inserting for pre-emptible use thereof station (b) Preemption; audits Section 315 of such Act ( 47 U.S.C. 315 (1) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively and moving them to follow the existing subsection (e); (2) by redesignating the existing subsection (e) as subsection (c); and (3) by inserting after subsection (c) (as redesignated by paragraph (2)) the following: (d) Preemption (1) In general Except as provided in paragraph (2), and notwithstanding the requirements of subsection (b)(1)(A), a licensee shall not preempt the use of a broadcasting station by a legally qualified candidate for Senate who has purchased and paid for such use. (2) Circumstances beyond control of licensee If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the station, any candidate or party advertising spot scheduled to be broadcast during that program shall be treated in the same fashion as a comparable commercial advertising spot. (e) Audits During the 30-day period preceding a primary election and the 60-day period preceding a general election, the Commission shall conduct such audits as it deems necessary to ensure that each broadcaster to which this section applies is allocating television broadcast advertising time in accordance with this section and section 312. . (c) Revocation of license for failure To permit access Section 312(a)(7) of the Communications Act of 1934 ( 47 U.S.C. 312(a)(7) (1) by striking or repeated (2) by inserting or cable system broadcasting station (3) by striking his candidacy the candidacy of the candidate, under the same terms, conditions, and business practices as apply to the most favored advertiser of the licensee (d) Stylistic amendments Section 315 of such Act ( 47 U.S.C. 315 (1) by striking the Broadcasting station (2) by striking the Licensee; station licensee (3) by inserting Regulations The Commission 202. Broadcast rates for participating candidates Section 315(b) of the Communications Act of 1934 (1) in paragraph (1)(A), by striking paragraph (2) paragraphs (2) and (3) (2) by adding at the end the following: (3) Participating candidates In the case of a participating candidate (as defined under section 501(9) of the Federal Election Campaign Act of 1971), the charges made for the use of any broadcasting station for a television broadcast shall not exceed 80 percent of the lowest charge described in paragraph (1)(A) during— (A) the 45 days preceding the date of a primary or primary runoff election in which the candidate is opposed; and (B) the 60 days preceding the date of a general or special election in which the candidate is opposed. (4) Rate cards A licensee shall provide to a candidate for Senate a rate card that discloses— (A) the rate charged under this subsection; and (B) the method that the licensee uses to determine the rate charged under this subsection. . 203. FCC to prescribe standardized form for reporting candidate campaign ads (a) In general Within 90 days after the date of enactment of this Act, the Federal Communications Commission shall initiate a rulemaking proceeding to establish a standardized form to be used by broadcasting stations, as defined in section 315(f)(1) of the Communications Act of 1934 47 U.S.C. 315(f)(1) (b) Contents The form prescribed by the Commission under subsection (a) shall require, broadcasting stations to report to the Commission and to the Federal Election Commission, at a minimum— (1) the station call letters and mailing address; (2) the name and telephone number of the station’s sales manager (or individual with responsibility for advertising sales); (3) the name of the candidate who purchased the advertising time, or on whose behalf the advertising time was purchased, and the Federal elective office for which he or she is a candidate; (4) the name, mailing address, and telephone number of the person responsible for purchasing broadcast political advertising for the candidate; (5) notation as to whether the purchase agreement for which the information is being reported is a draft or final version; and (6) the following information about the advertisement: (A) The date and time of the broadcast. (B) The program in which the advertisement was broadcast. (C) The length of the broadcast airtime. (c) Internet access In its rulemaking under subsection (a), the Commission shall require any broadcasting station required to file a report under this section that maintains an Internet website to make available a link to such reports on that website. III Responsibilities of the Federal Election Commission 301. Petition for certiorari Section 307(a)(6) of the Federal Election Campaign Act of 1971 2 U.S.C. 437d(a)(6) (including a proceeding before the Supreme Court on certiorari) appeal 302. Filing by Senate candidates with Commission Section 302(g) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 432(g) (g) Filing with the commission All designations, statements, and reports required to be filed under this Act shall be filed with the Commission. . 303. Electronic filing of FEC reports Section 304(a)(11) of the Federal Election Campaign Act of 1971 2 U.S.C. 434(a)(11) (1) in subparagraph (A), by striking under this Act— under this Act shall be required to maintain and file such designation, statement, or report in electronic form accessible by computers. (2) in subparagraph (B), by striking 48 hours filed electronically) 24 hours (3) by striking subparagraph (D). IV Participation in Funding of Elections 401. Refundable tax credit for Senate campaign contributions (a) In general Subpart C of part IV of subchapter A of chapter 1 36C. Credit for Senate campaign contributions (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 50 percent of the qualified My Voice Federal Senate campaign contributions paid or incurred by the taxpayer during the taxable year. (b) Limitations (1) Dollar limitation The amount of qualified My Voice Federal Senate campaign contributions taken into account under subsection (a) for the taxable year shall not exceed $50 (twice such amount in the case of a joint return). (2) Limitation on contributions to Federal Senate candidates No credit shall be allowed under this section to any taxpayer for any taxable year if such taxpayer made aggregate contributions in excess of $300 during the taxable year to— (A) any single Federal Senate candidate, or (B) any political committee established and maintained by a national political party. (3) Provision of information No credit shall be allowed under this section to any taxpayer unless the taxpayer provides the Secretary with such information as the Secretary may require to verify the taxpayer’s eligibility for the credit and the amount of the credit for the taxpayer. (c) Qualified My Voice Federal Senate contributions For purposes of this section, the term My Voice Federal Senate campaign contribution (d) Federal Senate candidate For purposes of this section— (1) In general The term Federal Senate candidate (2) Treatment of authorized committees Any contribution made to an authorized committee of a Federal Senate candidate shall be treated as made to such candidate. (e) Inflation adjustment (1) In general In the case of a taxable year beginning after 2017, the $50 amount under subsection (b)(1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2016 calendar year 1992 (2) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $5, such amount shall be rounded to the nearest multiple of $5. . (b) Conforming amendments (1) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, 36B, (2) Section 1324(b)(2) 36C, 36B, (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Credit for Senate campaign contributions. . (c) Forms The Secretary of the Treasury, or his designee, shall ensure that the credit for contributions to Federal Senate candidates allowed under section 36C of the Internal Revenue Code of 1986, as added by this section, may be claimed on Forms 1040EZ and 1040A. (d) Administration At the request of the Secretary of the Treasury, the Federal Election Commission shall provide the Secretary of the Treasury with such information and other assistance as the Secretary may reasonably require to administer the credit allowed under section 36C (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2016. V Revenue provisions 501. Fair Elections Fund revenue (a) In general The Internal Revenue Code of 1986 is amended by inserting after chapter 36 the following new chapter: 37 Tax on payments pursuant to certain government contracts Sec. 4501. Imposition of tax. 4501. Imposition of tax (a) Tax imposed There is hereby imposed on any payment made to a qualified person pursuant to a contract with the Government of the United States a tax equal to 0.50 percent of the amount paid. (b) Limitation The aggregate amount of tax imposed under subsection (a) for any calendar year shall not exceed $500,000. (c) Qualified person For purposes of this section, the term qualified person (1) is not a State or local government, a foreign nation, or an organization described in section 501(c)(3) which is exempt from taxation under section 501(a), and (2) has contracts with the Government of the United States with a value in excess of $10,000,000. (d) Payment of tax The tax imposed by this section shall be paid by the person receiving such payment. (e) Use of revenue generated by tax It is the sense of the Senate that amounts equivalent to the revenue generated by the tax imposed under this chapter should be appropriated for the financing of a Fair Elections Fund and used for the public financing of Senate elections. . (b) Conforming amendment The table of chapters of the Internal Revenue Code of 1986 is amended by inserting after the item relating to chapter 36 the following: Chapter 37—Tax on payments pursuant to certain government contracts . (c) Effective date The amendments made by this section shall apply to contracts entered into after the date of the enactment of this Act. VI Miscellaneous provisions 601. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. 602. Effective date Except as otherwise provided for in this Act, this Act and the amendments made by this Act shall take effect on January 1, 2017.	Fair Elections Now Act
State Marriage Defense Act of 2014 - Prohibits, for purposes of determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of U.S. administrative bureaus and agencies, as applied with respect to individuals domiciled in a state or in any other territory or possession of the United States: (1) the term "marriage" from including any relationship that the state, territory, or possession does not recognize as a marriage; and (2) the term "spouse" from including an individual who is a party to a relationship that is not recognized as a marriage by that state, territory, or possession.	To amend chapter 1 marriage spouse 1. Short title This Act may be cited as the State Marriage Defense Act of 2014 2. Findings Congress finds the following: (1) Congress affirms the States’ legitimate and proper public policy interests in regulating domestic relations and in defining marriage for the residents of their States. (2) Despite striking down section 3 of the Defense of Marriage Act, the Supreme Court ruling in United States Windsor United States Windsor state sovereign choices about who may be married (3) United States Windsor historic and essential authority to define the marital relation put a thumb on the scales and influence a state’s decision as to how to shape its own marriage laws (4) Congress recognizes that current actions by the Federal Government to afford benefits to certain relationships not recognized as marriages by a person’s State of residence go beyond the Supreme Court’s ruling in United States Windsor two contradictory marriage regimes within the same State, United States Windsor (5) Actions taken by the Federal Government to grant recognition of marital status for persons not recognized as married in their State of domicile undermine a State’s legitimate authority to define marriage for its residents. 3. Amendment to definition of marriage for Federal purposes Section 7 7. Definition of marriage spouse For purposes of determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, as applied with respect to individuals domiciled in a State or in any other territory or possession of the United States, the term marriage spouse . February 24, 2014 Read the second time and placed on the calendar	State Marriage Defense Act of 2014
Data Broker Accountability and Transparency Act - Prohibits a data broker from obtaining or causing to be disclosed personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation to any person, including by providing to any person any document that the data broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained or that contains a false, fictitious, or fraudulent statement or representation. Defines "data broker" as a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee in order to sell, or provide third-party access to, such information. Requires data brokers to establish procedures to ensure the accuracy of the personal information they collect, assemble, or maintain and of any other information that specifically identifies an individual, unless the information identifies only names or addresses. Exempts from such requirements information that may be inaccurate if it is collected or maintained solely to: (1) indicate whether there may be a discrepancy or irregularity in the personal information associated with an individual; (2) identify or authenticate the identity of an individual; or (3) protect against or investigate fraud or other unlawful conduct. Requires data brokers to provide individuals a means to review certain information collected, assembled, or maintained on such individuals, unless a regulatory exception promulgated by the Federal Trade Commission (FTC) applies. Requires data brokers to maintain an Internet website that instructs individuals how to: (1) review their information, and (2) express a preference with respect to the use of their personal information for marketing purposes. Permits individuals to dispute the accuracy of their information with a written request that the data broker make a correction. Requires a data broker, with regard to disputed public record information, to: (1) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (2) correct the inaccuracy in the data broker's records if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly. Defines "public record information" as information obtained originally from records of a federal, state, or local government entity that are available for public inspection. Requires a data broker, with regard to disputed non-public information, to: (1) note the information that is disputed, (2) use reasonable procedures to independently verify the information, and (3) correct the inaccuracy in the data broker's records if the data broker was reporting the information incorrectly. Requires data brokers that use, share, or sell certain information for marketing purposes to provide individuals a reasonable means of expressing a preference to exclude their information from being used for such purposes. Sets forth the authority of the FTC and states to enforce this Act.	To require data brokers to establish procedures to ensure the accuracy of collected personal information, and for other purposes. 1. Short title This Act may be cited as the Data Broker Accountability and Transparency Act 2. Definitions In this Act: (1) Commission The term Commission (2) Data broker The term data broker (3) Non-public information The term non-public information (4) Public record information The term public record information 3. Prohibition on obtaining or solicitation to obtain personal information by false pretenses (a) In general It shall be unlawful for a data broker to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation to any person, including by providing any document to any person, that the data broker knows or should know to be forged, counterfeit, lost, stolen, or fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation. (b) Solicitation It shall be unlawful for a data broker to request a person to obtain personal information, or any other information, relating to any other person if the data broker knows or should know that the person to whom the request is made will obtain or attempt to obtain that information in the manner described in subsection (a). 4. Personal information (a) Accuracy A data broker shall establish reasonable procedures to ensure the maximum possible accuracy of the personal information it collects, assembles, or maintains, and any other information it collects, assembles, or maintains that specifically identifies an individual, unless the information only identifies an individual's name or address. (b) Exception; fraud databases Notwithstanding subsection (a), a data broker may collect or maintain information that may be inaccurate with respect to a particular individual if that information is being collected or maintained solely for the purpose of— (1) indicating whether there may be a discrepancy or irregularity in the personal information that is associated with an individual; (2) helping to identify, or to authenticate the identity of, an individual; or (3) helping to protect against or investigate fraud or other unlawful conduct. (c) Consumer access A data broker shall provide an individual a means to review any personal information or other information that specifically identifies that individual, that the data broker collects, assembles, or maintains on that individual, unless an exception applies under section 5. (d) Review requirements The means for review under subsection (c) shall be provided— (1) at an individual's request; (2) after verifying the identity of the individual; (3) at least 1 time per year; and (4) at no cost to the individual. (e) Notice A data broker shall maintain an Internet Web site and place a clear and conspicuous notice on that Internet Web site instructing an individual— (1) how to review the information described under subsection (c); and (2) how to express a preference with respect to the use of personal information for marketing purposes under subsection (g). (f) Disputed information An individual whose personal information is maintained by a data broker may dispute the accuracy of any information described under subsection (c) by requesting, in writing, that the data broker correct the information. A data broker, after verifying the identity of the individual making the request, and unless there are reasonable grounds to believe the request is frivolous or irrelevant, shall— (1) with regard to public record information— (A) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (B) if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly, correct the inaccuracy in the data broker's records; and (2) with regard to non-public information— (A) note the information that is disputed, including the individual's written request; (B) if the information can be independently verified, use the reasonable procedures established under subsection (a) to independently verify the information; and (C) if the data broker was reporting the information incorrectly, correct the inaccuracy in the data broker's records. (g) Certain marketing information A data broker that maintains any information described under subsection (a) and that uses, shares, or sells that information for marketing purposes shall provide each individual whose information it maintains with a reasonable means of expressing a preference not to have that individual's information used for those purposes. If an individual expresses such a preference, the data broker may not use, share, or sell that individual's information for marketing purposes. (h) Persons regulated by the Fair Credit Reporting Act A data broker shall be deemed in compliance with this section with respect to information that is subject to the Fair Credit Reporting Act 15 U.S.C. 1681 et seq. 15 U.S.C. 1681g 5. Regulations Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 (1) a requirement that a data broker establish measures that facilitate the auditing or retracing of any internal or external access to, or transmission of, any data containing personal information collected, assembled, or maintained by the data broker; (2) the establishment of a centralized Internet Web site for the benefit of consumers that lists the data brokers subject to section 4 and provides additional information to consumers about their rights under this Act; (3) if the Commission considers a data broker outside the scope of the purposes of this Act, the exclusion of that data broker from the applicability of this Act, such as, if the Commission considers it appropriate for exclusion, a data broker who processes information collected by or on behalf of and received from or on behalf of a nonaffiliated third party concerning an individual who is a customer or an employee of that third party to enable that third party, directly or through parties acting on its behalf, to provide benefits for its employees or directly transact business with its customers; (4) any exceptions, that the Commission considers necessary, to the auditing and retracing requirements under paragraph (1) to further or protect law enforcement or national security activities; and (5) any exceptions, that the Commission considers necessary, to an individual's right to review the information described under section 4(c), such as for child protection, law enforcement, fraud prevention, or other legitimate government purposes. 6. Enforcement (a) In general A violation of a regulation prescribed under this Act shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (b) Powers of Commission The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act 15 U.S.C. 41 et seq. 15 U.S.C. 41 et seq. (c) Enforcement by State attorneys general (1) Civil action Except as provided under paragraph (3)(B), in any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by a data broker who violates a regulation prescribed under this Act, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction— (A) to enjoin further violation of this Act by the defendant; (B) to compel compliance with this Act; (C) to obtain damages, restitution, or other compensation on behalf of such residents, or to obtain such further and other relief as the court may deem appropriate; or (D) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties (A) Calculation For purposes of imposing a civil penalty under paragraph (1)(D), the amount determined under this paragraph is the amount calculated by multiplying the number of separate violations of a rule by an amount not greater than $16,000. (B) Adjustment for inflation Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amount specified in subparagraph (A) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Intervention by the Commission (A) Notice A State shall provide prior written notice of any civil action under paragraph (1) to the Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. (B) Intervention by the Commission The Commission shall have the right— (i) to intervene in the civil action under paragraph (1); (ii) upon so intervening, to be heard on all matters arising in that civil action; and (iii) to file petitions for appeal of a decision in that civil action. (C) Limitation on State action while Federal action is pending If the Commission has instituted a civil action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (4) Construction For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State— (A) to conduct investigations; (B) to administer oaths or affirmations; or (C) to compel the attendance of witnesses or the production of documentary and other evidence. 7. Effect on other laws (a) Preservation of Commission authority Nothing in this Act may be construed in any way to limit or affect the Commission's authority under any other provision of law. (b) Preservation of other Federal law Nothing in this Act may be construed in any way to supersede, restrict, or limit the application of the Fair Credit Reporting Act 15 U.S.C. 1681 et seq.	Data Broker Accountability and Transparency Act