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113-hr-3857
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I 113th CONGRESS 2d Session H. R. 3857 IN THE HOUSE OF REPRESENTATIVES January 13, 2014 Mr. Gerlach (for himself, Mr. Cramer , and Mr. Tiberi ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the House of Representatives and the Senate to bring an action seeking declaratory and injunctive relief in response to the failure of the President to meet the requirement of the Constitution to faithfully execute the law, and for other purposes.
1. Short title This Act may be cited as the Enforce the Take Care Clause Act of 2014 . 2. Authorization of House and Senate to bring action in response to failure of the President to execute the law (a) Authorization (1) In general Upon the adoption of a resolution declaring that, on the basis of any of the Presidential actions described in subsection (b), the President has failed to meet the requirement of section 3 of article II of the Constitution of the United States to take care that a law be faithfully executed, the House of Representatives or the Senate may bring an action (in the name of the House of Representatives or the Senate, as the case may be) seeking declaratory and injunctive relief to compel the President to faithfully execute that law. (2) Threshold for vote on resolution The House of Representatives or the Senate shall not be considered to have adopted a resolution under this section unless the resolution is approved by not fewer than 60 percent of the members present and voting. (b) Presidential Actions Described The Presidential actions described in this subsection are as follows: (1) The promulgation of a regulation or agency administrative guidance. (2) The issuance of an Executive order, including an order to not defend a challenge to the constitutionality of a law and an order to not enforce a law. (3) The issuance of a signing statement with respect to the enactment of a law. (c) Exercise of rulemaking authority of Senate and House This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 3. Special rules applicable to actions The following rules shall apply with respect to any action brought by the House of Representatives or Senate pursuant to the authority of section 2: (1) The action shall be filed in the United States District Court for the District of Columbia, and shall be heard not later than 30 days after the action is filed by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (2) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives (in the case of an action brought by the House) and the Secretary of the Senate (in the case of an action brought by the Senate). (3) A final decision in the action shall be issued not later than 90 days after the action is filed and shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. (4) It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.
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113-hr-3858
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I 113th CONGRESS 2d Session H. R. 3858 IN THE HOUSE OF REPRESENTATIVES January 13, 2014 Mr. Kinzinger of Illinois introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to enter into contracts with health care providers to improve health care access and care coordination for veterans, and for other purposes.
1. Short title; sense of Congress (a) Short title This Act may be cited as the Veteran-Centered Access to Coordinated Health Care Act of 2014 . (b) Sense of Congress It is the sense of Congress that— (1) veterans who are authorized by the Secretary of Veterans Affairs to receive health care in the community must not lose the high quality, safety, care coordination, and other veteran-centric elements that the health care system of the Department of Veterans Affairs provides; (2) many veterans receive health care from both the Department and community providers but the lack of care coordination among the Department and community providers when veterans receive purchased care places veterans at risk for poor health outcomes and results in inefficient use of finite health care resources; (3) veteran-centric care coordination is associated with improved patient outcomes, as Department and non-Department health care teams coordinate and collaborate to provide the best care for veterans; and (4) if the Secretary purchases care for veterans from the private sector, such care must be secured in a cost-effective manner, in a way that complements the larger health care system of the Department by using industry standards for care and costs. 2. Comprehensive contract care coordination program for veterans (a) In general (1) Type of care Subsection (a) of section 1703 of title 38, United States Code, is amended to read as follows: (a) (1) The Secretary shall provide an eligible veteran with covered health services that are provided by a non-Department entity whom the Secretary enters into a contract with under this section if the Secretary determines that facilities of the Department are not capable of— (A) economically furnishing covered health services to such veteran because of geographical inaccessibility; or (B) furnishing covered health services to such veteran because such facilities lack— (i) the required personnel who are appropriately trained and experienced; or (ii) the ability to provide timely and reasonable access. (2) Except as otherwise provided by this chapter or other law, the Secretary shall ensure that health care provided to a veteran under this title by a non-Department entity, including under the Patient-Centered Community Care program or any other care-coordination program, is provided in accordance with this section. (3) The Secretary shall provide covered health services pursuant to this chapter at a location that is in accordance with the following priority: (A) A facility of the Department. (B) A facility of a department or agency of the Federal Government, or of a university, that the Secretary has entered into a sharing agreement with respect to providing such health services. (C) A non-Department facility in accordance with this section. (D) A non-Department facility in accordance with a provision of law other than this section. (4) The Secretary shall ensure that veterans who receive health care under this title from a non-Department entity are able to efficiently reenter the health care system of the Department, including by coordinating care. (5) In this subsection: (A) The term covered health services means, with respect to an eligible veteran, any hospital care, medical service, rehabilitative service, or preventative health service that is authorized to be provided by the Secretary to the veteran under this chapter or any other provision of law. (B) The term eligible veteran means a veteran enrolled in the health care system established under section 1705(a) of this title who elects to receive care under this section. . (2) Qualified entities; care coordination Such section is amended by adding at the end the following new subsections: (e) The Secretary shall enter into a contract with a non-Department entity under this section. The Secretary shall ensure that the resources of the Department are not used to duplicate administrative functions and information technology systems that are provided by the non-Department entity under such a contract. A non-Department entity shall be eligible for such a contract if the entity demonstrates experience with respect to— (1) the ability to provide non-Department health care services to veterans; (2) meeting or exceeding internal credentialing standards of the Department and standards of the Utilization Review Accreditation Commission; (3) having care coordinators who help veterans make, confirm, and keep medical appointments; (4) having the ability to obtain clinical information from non-Department entities and submit such information to the Department; (5) having— (A) experience using an information technology system that— (i) has the ability to track and monitor veterans that is accessible by employees of the Department using a portal on an Internet website; and (ii) allows veterans to file complaints; and (B) the ability to respond to potential quality indicators and patient safety events; and (6) having the experience and ability to— (A) process claims in the provider network; (B) bill a third party (as defined in section 1725(f)(2) of this title) for care provided under this section, as appropriate; and (C) transmit directly to the Secretary any amounts received pursuant to subparagraph (B). (f) In carrying out this section, the Secretary shall ensure the following: (1) With respect to each medical center of the Department, the Secretary is consistent in determining the eligibility of veterans under subsection (a). (2) The Secretary requires care coordinators of a non-Department entity described in subsection (e)(3) who will coordinate care of a veteran by the entity with a care coordinator of the Department. (3) The Department and a non-Department entity under this section exchange clinical information to improve both clinical decisionmaking and the care a veteran receives. (4) Both non-Department facilities under this section and Department facilities meet performance metrics regarding— (A) the quality of health care provided; (B) the satisfaction of veterans; (C) clinical information return within 30 days of a health care visit of a patient; (D) a no-show rate at a rate less than the industry standard; (E) claims being paid within 30 days; (F) timely access to health care, including initial appointments occurring less than 30 days after being requested; (G) cost effectiveness; and (H) sufficient volume and case mix to ensure cost-effective vendor prices. (g) (1) Not later than October 31 of each year, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on care provided under this section, including— (A) the cost to the Department; (B) the number of veterans receiving care under this section as compared to the number of veterans receiving care from non-Department facilities under other provisions of law; (C) the quality of such care and the satisfaction of such veterans; (D) the performance metrics under subsection (f)(4); and (E) other matters the Secretary considers appropriate. (2) Not later than March 1 of each odd-numbered year, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the allocation of resources with respect to care provided by the Department and by non-Department facilities. . (3) Effective date The amendments made by this subsection shall take effect 180 days after the date of the enactment of this Act. (b) Reauthorization of Project Arch Section 403 of the Veterans' Mental Health and Other Care Improvements Act of 2008 ( Public Law 110–387 ; 38 U.S.C. 1703 note) is amended— (1) in subsection (a)(3), by striking A veteran and inserting Except as provided by subsection (i), a veteran ; and (2) by adding at the end the following new subsection: (i) Reauthorization (1) Recommencement Not later than 90 days after the date of the enactment of the Veteran-Centered Collaborative Health Care Act of 2014, the Secretary shall again commence the conduct of the pilot program under subsection (a)(1). (2) Program locations Notwithstanding subsection (a)(4), the Secretary shall carry out the pilot program pursuant to paragraph (1) within each Veterans Integrated Service Network. (3) Appointments In carrying out the pilot program pursuant to paragraph (1), the Secretary shall ensure that medical appointments for veterans occur during the 30-day period beginning on the date that is 15 days after the date on which the appointment is requested. (4) Outreach The Secretary shall ensure that a veteran eligible for the pilot program carried out pursuant to paragraph (1) is informed of such program. (5) Termination The authority of the Secretary to carry out the pilot program pursuant to paragraph (1) shall terminate on the date that is three years after the date on which the Secretary commences such program under such paragraph. .
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113-hr-3859
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I 113th CONGRESS 2d Session H. R. 3859 IN THE HOUSE OF REPRESENTATIVES January 13, 2014 Mr. Lowenthal (for himself, Mr. DeFazio , and Mr. Holt ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Mineral Leasing Act to adjust minimum bids and annual rentals for oil and gas and tar sands leases to reflect inflation, and for other purposes.
1. Short title This Act may be cited as the Oil and Gas Leasing Inflation Adjustment Act . 2. adjustment of minimum bids and annual rentals for oil and gas and tar sands leases to reflect inflation (a) In general Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 ) is amended— (1) in subsection (b)(1)(B), by striking $2 per acre and inserting $4 per acre ; (2) in subsection (b)(2)(C), by striking $2 per acre and inserting $5 per acre ; (3) in subsection (d)— (A) by striking $1.50 per acre and inserting $3 per acre ; and (B) by striking $2 per acre and inserting $4 per acre ; and (4) by adding at the end the following: (q) Inflation adjustment (1) In general The Secretary shall— (A) by regulation, at least once every 4 years, adjust each of the dollar amounts that applies under subsections (b)(1)(B), (b)(2)(C), and (d) by the cost-of-living adjustment; and (B) publish each such regulation in the Federal Register. (2) Definitions In this subsection: (A) Cost-of-living adjustment The term cost-of-living adjustment means the percentage (if any) for a dollar amount by which— (i) the Consumer Price Index for the month of June of the calendar year preceding the adjustment, exceeds (ii) the Consumer Price Index for the month of June of the calendar year in which the dollar amount was last set or adjusted pursuant to law. (B) Consumer Price Index The term Consumer Price Index means the Consumer Price Index for all-urban consumers published by the Department of Labor. . (b) Conforming amendment Section 17(b)(1)(B) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1)(B) ) is amended beginning in the first sentence by striking for a period and all that follows through Thereafter, the and inserting . The .
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113-hr-3860
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I 113th CONGRESS 2d Session H. R. 3860 IN THE HOUSE OF REPRESENTATIVES January 13, 2014 Mr. Reed (for himself, Mr. Michaud , Mr. Gibson , and Mr. Rahall ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To revise the formula for allocating funding to States under the Low-Income Home Energy Assistance Act of 1981.
1. Short title This Act may be cited as the Low Income Heating Improvement Act . 2. LIHEAP State allocation formula Section 2604(a)(2) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8623(a)(2) ) is amended to read as follows: (2) For purposes of paragraph (1), a State's allotment percentage is the percentage which that State would have received under this section as enacted in Public Law 97–35 . .
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113-hr-3861
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I 113th CONGRESS 2d Session H. R. 3861 IN THE HOUSE OF REPRESENTATIVES January 13, 2014 Ms. Shea-Porter (for herself, Ms. Kuster , and Mr. McNerney ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to increase the deduction for business start-up expenditures from $5,000 to $10,000.
1. Short title This Act may be cited as the Reward and Encourage New Business Act of 2013 . 2. Increased deduction for business start-up expenditures (a) In general Clause (ii) of section 195(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $10,000 . (b) Conforming amendment Section 195(b) of such Code is amended by striking paragraph (3). (c) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.
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113-hr-3862
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I 113th CONGRESS 2d Session H. R. 3862 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Latta (for himself and Mr. Walz ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to assist municipalities and regional sewer authorities that would experience a significant hardship raising the revenue necessary to finance projects and activities for the construction of wastewater treatment works, and for other purposes.
1. Short title This Act may be cited as the Clean Water Affordability Act of 2014 . 2. Integrated permitting process (a) In general Section 402(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(a) ) is amended by adding at the end the following: (6) Integrated Permits (A) Definition of publicly owned permittee In this paragraph, the term publicly owned permittee means either— (i) a treatment works (as defined in section 212) that is publicly owned; or (ii) a municipal separate storm sewer system referred to in this section. (B) Planning approach The Administrator shall establish a comprehensive and integrated planning approach to the obligations under this section of a publicly owned permittee— (i) under which permit obligations may be implemented according to a schedule that— (I) accounts for the financial capability of the publicly owned permittee; (II) prioritizes permit obligations according to the most cost-effective and environmentally beneficial outcomes; (III) accounts for the preexisting maintenance, operational, and regulatory obligations of the publicly owned permittee under this section; and (IV) enables the publicly owned permittee to implement innovative approaches to meet those obligations; and (ii) that accounts for changed circumstances in the obligations of the publicly owned permittee, such as— (I) new innovative treatment approaches; (II) new regulatory requirements; and (III) changes in financial capability. . (b) Duration of permits Section 402(b)(1)(B) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(b)(1)(B) ) is amended by inserting before the semicolon at the end the following: , except that a permit with a term of more than 5 years but not more than 25 years may be approved if the permittee has an approved integrated plan established under subsection (a)(6) . 3. Updating of guidance (a) Definitions In this section, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Affordability The term affordability means, with respect to payment of a utility bill, a measure of whether an individual customer or household can pay the bill without undue hardship or unreasonable sacrifice in the essential lifestyle or spending patterns of the individual or household, as determined by the Administrator. (3) Financial capability The term financial capability means the financial capability of a community to make investments necessary to make water quality-related improvements, taking into consideration the criteria described in subsection (b)(2)(A). (4) Guidance The term guidance means the guidance published by the Administrator entitled Combined Sewer Overflows—Guidance for Financial Capability Assessment and Schedule Development and dated February 1997, as applicable to combined sewer overflows and sanitary sewer overflows. (b) Updating (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall update the guidance to ensure that the evaluations by the Administrator of financial capability assessment and schedule development meet the criteria described in paragraph (2). (2) Criteria The criteria described in this paragraph are that, under the updated guidance— (A) in assessing the financial capability of a community— (i) greater emphasis should be placed on local economic conditions; (ii) for regional systems, consideration should be given to the economic conditions of political jurisdictions and significant demographic groups within each region; (iii) prescriptive formulas for use in calculating financial capability and thresholds for expenditure should not be considered to be the only indicator of the financial capability of a community; (iv) site-specific local conditions should be taken into consideration in analyzing financial capability; (v) a single measure of financial capability or affordability (such as median household income) should be viewed in the context of other economic measures, rather than as a threshold to be achieved; and (vi) (I) consideration should be given to the economic outlook of a community, including the potential impact of program requirements over time, in the development of implementation schedules; and (II) the assessment should take into consideration other essential community investments relating to water quality improvements; (B) with respect to the timing of implementation of water quality-related improvements— (i) environmental improvement implementation schedules should be structured to mitigate the potential adverse impact on distressed populations resulting from the costs of the improvements; (ii) implementation schedules should reflect local community financial conditions and economic impacts; (iii) implementation schedules should allow permittees up to 30 years to implement water quality-related improvements in appropriate cases in which the cost of implementing the improvements places a high financial burden on the permittee; and (iv) existing implementation schedules should be modified in appropriate cases taking into consideration the criteria set forth in this subparagraph; (C) with respect to implementation— (i) a determination of local financial capability may be achieved through an evaluation of an array of factors the relative importance of which may vary across regions and localities; and (ii) an appropriate methodology should give consideration to such various factors as are appropriate to recognize the prevailing and projected economic concerns in a community; and (D) the residential indicator should be revised to include— (i) a consideration of costs imposed upon ratepayers for essential utilities; (ii) increased consideration and quantification of local community-imposed costs in regional systems; (iii) a mechanism to assess impacts on communities with disparate economic conditions throughout the entire service area of a utility; (iv) a consideration of the industrial and population trends of a community; (v) recognition that— (I) the median household income of a service area reflects a numerical median rather than the distribution of incomes within the service area; and (II) more representative methods of determining affordability, such as shelter costs, essential utility payments, State affordability criteria, and State and local tax efforts, should be considered; (vi) a consideration of low-income ratepayer percentages; and (vii) impacts relating to program delivery, such as water quality infrastructure market saturation and program management. (3) Implementation The updated guidance should indicate that, in a case in which a previously approved long-term control plan or associated enforceable agreement does not prohibit modification of the plan or terms of the agreement (including financial capability considerations), and all parties are in agreement that a change is needed or that the plan or agreement does not prohibit reopening to address changes in the economic or financial status of the community since the effective date of the plan or agreement, reconsideration and modification of financial capability determinations and implementation schedules based on the criteria described in paragraph (2) is appropriate. (4) Applicability The Administrator shall apply the updated guidance, including the criteria described in paragraph (2), to each determination and analysis of affordability, financial capability, or widespread and substantial economic impact related to implementation of a program under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). (c) Publication and submission Upon completion of the updating of guidance under subsection (b), the Administrator shall publish in the Federal Register and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the updated guidance. 4. Capitalization grant agreements Section 602(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1382(b) ) is amended— (1) by striking and at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ; and ; and (3) by adding at the end the following: (11) the State will use at least 15 percent of the amount of each capitalization grant received by the State under this title after September 30, 2015, to provide assistance to municipalities of fewer than 10,000 individuals that meet the affordability criteria established by the State under section 603(i)(2) for activities included on the State’s priority list established under section 603(g), to the extent that there are sufficient applications for such assistance. . 5. Water pollution control revolving loan funds (a) Extended Repayment Period Section 603(d)(1) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(d)(1) ) is amended— (1) in subparagraph (A) by striking 20 years and inserting the lesser of 30 years or the design life of the project to be financed with the proceeds of the loan ; and (2) in subparagraph (B) by striking not later than 20 years after project completion and inserting upon the expiration of the term of the loan . (b) Additional Subsidization Section 603 of such Act ( 33 U.S.C. 1383 ) is amended by adding at the end the following: (i) Additional Subsidization (1) In general In any case in which a State provides assistance to a municipality or intermunicipal, interstate, or State agency under subsection (d), the State may provide additional subsidization, including forgiveness of principal, negative interest loans, and grants to benefit a municipality that— (A) meets the State’s affordability criteria established under paragraph (2); or (B) does not meet the State’s affordability criteria if the recipient— (i) seeks additional subsidization to benefit individual ratepayers in the residential user rate class; and (ii) demonstrates to the State that such ratepayers will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought. (2) Affordability criteria (A) Establishment On or before September 30, 2015, and after providing notice and an opportunity for public comment, a State shall establish affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance under section 603(c)(1) if additional subsidization is not provided. Such criteria shall be based on income data, population trends, and other data determined relevant by the State, including whether the project or activity is to be carried out in an economically distressed area, as described in section 301 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161 ). (B) Existing criteria If a State has previously established, after providing notice and an opportunity for public comment, affordability criteria that meet the requirements of subparagraph (A), the State may use the criteria for the purposes of this subsection. For purposes of this Act, any such criteria shall be treated as affordability criteria established under this paragraph. (C) Information to assist States The Administrator may publish information to assist States in establishing affordability criteria under subparagraph (A). (3) Use of capitalization grants A State shall use not less than 20 percent but not more than 30 percent of the amount of the capitalization grants received by the State under this title in fiscal years beginning after September 30, 2015, to provide additional subsidization to eligible recipients under paragraph (1). .
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113-hr-3863
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I 113th CONGRESS 2d Session H. R. 3863 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Brady of Texas introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 5, United States Code, to establish uniform requirements for thorough economic analysis of regulations by Federal agencies based on sound principles, and for other purposes.
1. Short title This Act may be cited as the Sound Regulation Act of 2014 . 2. Findings Congress finds the following: (1) Growing Federal regulation that is highly prescriptive in nature burdens American industry and impairs its international competitiveness. (2) Prescriptive regulation takes away flexibility, is adversarial in nature, leads to unintended consequences, and, especially as it proliferates, slows economic growth and job creation. (3) Despite evidence of increasing regulatory costs, Federal agencies hold fast to the presumption that their rules are in the public interest. (4) Some statutes prohibit consideration of costs and benefits in rulemaking, although none prohibit agency analysis of costs and benefits for informative purposes. (5) For independent regulatory agencies cost-benefit analysis is not institutionalized. Executive agencies perform cost-benefit analysis pursuant to Executive order and under the purview of the Office of Information and Regulatory Affairs (OIRA), which takes direction from the President. No peer review is required of analyses by either set of agencies. (6) There are no statutory standards for cost-benefit analysis in Federal rulemaking and there are no consistent, material consequences when rules are based on faulty or inadequate analysis. (7) Agencies conduct their own regulatory impact analyses largely by methods of their own choosing and only on a small fraction of the rules they issue. Agencies use regulatory cost-benefit analysis mainly in support of favored, preconceived rules rather than as a decision tool. Common deficiencies include— (A) lack of a coherent theory by which to define a problem, determine why it occurs, and guide the agency to the most efficient response; (B) lack of objective evidence that an actionable problem actually exists, what its dimensions are, and how they differ from acceptable norms; (C) lack of comprehensive analysis to determine whether a market malfunction exists and orient rulemaking to its causes, not its symptoms; (D) failure to set clear and realistic objectives whose benefits justify the cost of achieving them; (E) objectives that are set disconnected from costs and may be expansive and vague so that any regulation can be made to appear beneficial; (F) agencies increasingly claiming incidental benefits (so-called co-benefits) that are not in furtherance of the stated objective and even private (as opposed to public) benefits for their rules; (G) failure to develop regulatory options in light of market analysis and rank them by how efficiently they will improve the market process; (H) inconsistent assumptions and methodologies across agencies; (I) invalid baselines for gauging regulatory effects; (J) omissions of important impacts, such as on employment and international competitiveness of U.S. firms; (K) failure to reevaluate regulations after implementation; and (L) failure to consider the cumulative costs of regulation by the various Federal, State, local, and tribal agencies. (8) Despite continually changing market conditions, agencies do not regularly review their existing regulations and regulatory regimes. They also do not review the division of functions among different Federal agencies or among Federal, State, local, and tribal agencies. Regulations lose their purpose, yet linger and accumulate, imposing unnecessary costs and slowing economic growth to the detriment of material living standards and, to some extent, the very social conditions that are the objects of regulation. (9) Agencies typically do not conduct regulatory cost studies proactively and report to Congress unnecessary costs that are not under the agencies’ control because of the way laws are written. Agency recommendations on how to improve the efficiency of regulation by modifying an existing statute could be helpful to Congress. 3. Uniform use of cost-benefit analysis Section 553 of title 5, United States Code, is amended by adding at the end the following: (f) (1) Prior to any rulemaking under this section, an agency shall comply with the following: (A) The agency shall identify, in the context of a coherent conceptual framework and supported with objective data— (i) the nature and significance of the market failure, regulatory failure, or other problem that necessitates regulatory action; (ii) the reasons why national economic and income growth, advancing technology, and other market developments will not obviate the need for the rulemaking; (iii) the reasons why regulation at the State, local, or tribal level could not address the problem better than at the Federal level; (iv) the reasons why reducing rather than increasing the extent or stringency of existing Federal regulation would not address the problem better; and (v) the particular authority by which the agency may take action. (B) Before the agency increases the extent or stringency of regulation based on its determinations pursuant to subparagraph (A), it shall— (i) set an achievable objective for its regulatory action and identify the metrics by which the agency will measure progress toward the objective; (ii) issue a notice of inquiry seeking public comment on the identification of a new objective under clause (i); and (iii) give notice to the committees of Congress with jurisdiction over the subject matter of the rule. (C) The agency, if the agency is not seeking to repeal a rule, shall develop at least 3 distinct regulatory options, in addition to not regulating, that the agency estimates will provide the greatest benefits for the least cost in meeting the regulatory objective set under subparagraph (B) and, in developing such regulatory options, shall apply the following principles: (i) The agency shall assume that individuals are rational and not qualify that assumption unless the agency— (I) has conclusive evidence of a detrimental systematic behavioral bias; and (II) can devise behavioral regulatory options that do not preclude any choices of market participants. (ii) The agency shall, to the extent practicable, attempt to engage private incentives to solve a problem and not supplant private incentives any more than necessary. (iii) The agency shall consider the adverse effects that mandates and prohibitions may have on innovation, economic growth, and employment. (iv) An agency’s risk assessment shall be confined to its jurisdiction, subject to specific regulatory authority. Agency assessments of the risks of adverse health and environmental effects shall follow standardized parameters, assumptions, and methodologies. An agency also shall provide analyses of increases in risks, whatever their nature, produced by the regulatory options under consideration. (v) The agency shall avoid incongruities and duplication in regulation at the Federal, State, local, and tribal levels. (vi) The agency shall compare and contrast the regulatory options developed and explain how each would meet the regulatory objective set pursuant to subparagraph (B). (D) The agency shall estimate the costs and benefits of each regulatory option developed, notwithstanding any provision of law that prohibits the agency from using costs in rulemaking, at least to the extent that the agency is able to— (i) exclude options whose costs exceed their benefits; (ii) rank the options by cost from lowest to highest; (iii) estimate the monetary cost of any adverse effects on private property rights, identify the categories of persons who experience a net loss from a regulatory option, and explain why the negative effects cannot be lessened or avoided; (iv) establish whether the cost of an option exceeds $50,000,000 for any 12-month period, except that the dollar amount shall be adjusted annually for inflation based on the GDP deflator, and the President may order that a lower dollar amount be used for a particular period; and (v) identify the key uncertainties and assumptions that drive the results and provide an analysis of how the ranking of the options and the threshold determination under clause (iv) may change if key assumptions are changed. (E) The estimates pursuant to subparagraph (D) shall— (i) follow the methodology established pursuant to paragraph (2)(A); (ii) to the maximum extent practicable, comply with any guidelines issued by the Administrator of the Office of Information and Regulatory Affairs pertaining to cost-benefit analysis; and (iii) include, at a minimum— (I) agency administrative costs; (II) United States private sector compliance costs; (III) Federal, State, local, and tribal compliance costs; (IV) Federal, State, local, and tribal revenue impacts; (V) impacts from the regulatory options developed on United States industries in the role of suppliers and consumers to each industry substantially affected, especially in terms of employment, costs, volume and quality of output, and prices; (VI) nationwide impacts on overall economic output, productivity, consumer and producer prices; (VII) international competitiveness of United States companies; and (VIII) distortions in incentives and markets, including an estimate of the resulting loss to the United States economy. (F) The agency shall publish for public comment all analyses, documentation, and data under subparagraphs (A) through (D) for a public comment period of at least 30 days (subject to applicable limitations under law, including laws protecting privacy, trade secrets, and intellectual property) and correct deficiencies or omissions that the agency becomes aware of before choosing a rule to propose. (2) (A) Beginning not later than the date that is 180 days after the effective date of this section— (i) each agency shall, by rule, establish and maintain the specific cost-benefit analysis methodology appropriate to the functions and responsibilities of that agency and establish an appropriate period for review of new rules to assess the cost effectiveness of each such new rule at achieving the objective identified under paragraph (1)(B)(i) the new rule was intended to address; (ii) the methodology so established shall— (I) include the standardized parameters, assumptions, and methodologies for agency assessments of risk under paragraph (1)(C)(iv); (II) comply, to the maximum extent practicable, with technical standards for methodologies and assumptions issued by the Administrator for the Office of Information and Regulatory Affairs; (III) include the scope of benefits and costs consistent with the framework used and the metrics identified in the establishment of the regulatory objective under paragraph (1); (IV) not include consideration of incidental benefits but only those benefits that were considered in the establishment of the regulatory objective; (V) limit consideration of costs and benefits to costs and benefits that accrue to the population of the United States; (VI) constrain the agency from presuming that continued augmentation or tightening of mandates and additional prohibitions cause benefits and costs to change linearly but determine at what point benefits will rise less than, and costs will rise more than, proportionally; (VII) include comparison of incremental benefits to incremental costs from any action the agency considers taking and refrain from actions whose incremental benefits do not exceed their incremental costs; and (VIII) include analysis of effects on private incentives and possible unintended consequences; and (iii) the agency shall adhere to the methodology so established in all rulemakings. (B) If the agency does not select the least-cost regulatory option as its proposed rule, the agency shall justify its selection, explaining— (i) how that selection furthers other goals or requirements relevant to regulating matters within the agency’s jurisdiction and why these should override cost savings; and (ii) why each of the other regulatory options not chosen would not sufficiently further such other goals or requirements. (C) If the agency makes a determination under paragraph (1)(D) that the monetized cost of a rule exceeds the applicable monetary limit under clause (iv) of such paragraph for any 12-month period, the agency head shall— (i) first issue an advanced notice of proposed rulemaking; (ii) provide notice to the appropriate Congressional committees and keep such committees informed of the status of the rulemaking; and (iii) ensure that— (I) the agency shall notify the Administrator of the Small Business Administration, the Director of the Office of Management and Budget, and affected parties, and provide each such person with information on the potential effects of the proposed rule on affected parties and the type of affected parties that might be affected; (II) not later than 15 days after the date of receipt of the materials described in subclause (I), the Director, in consultation with the Administrator, shall identify representatives of affected parties, 25 percent of which shall represent small business concerns (as such term is defined in section 3(a) of the Small Business Act), when possible, and all the major stakeholders shall have the opportunity to obtain advice and recommendations about the potential effects of the proposed rule; (III) the agency shall convene a review panel consisting wholly of full-time Federal officers, employees, and contractors in the agency responsible for the proposed rule, the Director, the Administrator, and the representatives of affected parties identified pursuant to subclause (II); (IV) the agency shall conduct a detailed analysis of the costs and benefits of the regulatory option it is advancing, and, in doing so— (aa) the agency shall consider the cumulative and interactive costs of regulatory requirements of Federal, State, local, tribal, and (where applicable) international regulations; and (bb) the agency shall identify the key uncertainties and assumptions that drive the results and provide an analysis of how the ranking of the regulatory options changes if the key assumptions are changed; (V) the panel shall review agency material prepared in connection with this subsection, including any draft proposed rule, and review the advice and recommendations of each affected party representative identified; (VI) not later than 60 days after the date the agency convenes a review panel pursuant to subclause (III), the review panel shall report on the comments of the affected party representatives and its findings as to issues related to the provisions of this subsection, and such report shall be made public as part of the rulemaking record; (VII) where appropriate, the agency shall modify the proposed rule or the cost-benefit analysis under subclause (IV) based on the report under subclause (VI); (VIII) subject to applicable limitations under law, including laws protecting privacy, trade secrets, and intellectual property, the agency shall publish for comment all analyses, documentation, and data under this paragraph for a public comment period of at least 30 days and correct deficiencies or omissions that the agency becomes aware of before adopting a proposed rule; and (IX) affected parties, including State, local, or tribal governments, and other stakeholders may participate in the rulemaking by means such as— (aa) the publication of advanced and general notices of proposed rulemaking in publications likely to be obtained by affected parties; (bb) the direct notification of interested affected parties; (cc) the conduct of open conferences or public hearings including soliciting and receiving comments over computer networks; and (dd) reducing the cost or complexity of procedural rules to ease participation in the rulemaking. (D) Every 4 years the agency shall conduct a review of all rules of the agency in effect and determine based on objective data whether its rules are working as intended, furthering their objectives, imposing unanticipated costs, and generating a net benefit or not, and shall amend such rules if appropriate. The agency shall report to Congress the findings of each such review. (E) Any person may petition an agency to amend an existing rule made prior to the establishment of methodology under this paragraph, and, if the agency denies such a petition, that denial shall be subject to review under chapter 7 of this title. (F) Notwithstanding any other provision of law, including any provision of law that explicitly prohibits the use of cost-benefit analysis in rulemaking, an agency shall conduct cost-benefit analyses and report to Congress the findings with specific recommendations for how to lower regulatory costs by amending the statutes prohibiting the use thereof. (3) For purposes of this subsection— (A) the term regulatory options means any action an agency may take to address an objective identified under paragraph (1)(B)(i), including the option not to act; (B) the term private incentives means financial gains or losses that motivate actions by private individuals and businesses, and does not include any law or regulation that prescribes private actions or outcomes; and (C) the term incidental benefit means a claimed benefit outside the specific regulatory objective or objectives identified under paragraph (1)(B)(i) a rule is intended to address as identified in paragraph (1)(A). (4) All determinations made under this subsection shall be subject to review under chapter 7. . 4. Congressional review Section 801(a)(2) of title 5, United States Code, is amended by adding at the end the following: (C) The Comptroller General shall examine the cost-benefit analysis for compliance with the requirements of section 553(f), including the agency methodology established under section 553(f)(2)(A). (D) The Comptroller General shall examine any risk analysis under section 553(f)(1)(C)(iv) pertaining to the cost-benefit analysis for compliance with the requirements of section 553(f). (E) The Comptroller General also shall examine the agencies’ quadrennial regulatory reviews for consistency with the requirements of section 553(f) and report to Congress on the results. .
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113-hr-3864
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I 113th CONGRESS 2d Session H. R. 3864 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Renacci (for himself and Mr. Carney ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend certain provisions of the Social Security Act relating to demonstration projects designed to promote the reemployment of unemployed workers.
1. Short title This Act may be cited as the Flexibility to Promote Reemployment Act . 2. Removal of barriers to promote reemployment through demonstration projects (a) Modification of numerical limitation Subsection (a) of section 305 of the Social Security Act ( 42 U.S.C. 505 ) is amended by inserting per year after 10 States . (b) Clarification of application requirements Subsection (b) of such section 305 is amended— (1) by inserting or his or her designee after The Governor of any State ; and (2) by striking paragraph (2) and inserting the following: (2) for any waiver requested under subsection (c), a statement describing— (A) the specific provision or provisions of law for which such waiver is requested; and (B) the specific aspects of the project to which such waiver would apply and the reasons why it is needed; . (c) Extension of eligible time period Subsection (d) of such section 305 is amended— (1) in paragraph (2), by striking may not be approved and inserting may not be conducted ; and (2) in paragraph (3), by striking December 31, 2015 and inserting December 31, 2017 . (d) Clarification of demonstration activities Subsection (e) of such section 305 is amended— (1) in paragraph (1), by striking for employer-provided training, such as and inserting to employers or claimants for employer-provided training or ; and (2) in paragraph (2), by striking , not to exceed the weekly benefit amount for each such individual, to pay part of the cost of wages that exceed the unemployed individual's prior benefit level and inserting that include disbursements promoting retention . (e) Selection of qualifying applications on a first-Come, first-Served basis Subsection (f) of such section 305 is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3); and (2) by inserting before paragraph (2) (as redesignated by this subsection) the following: (1) approve completed applications in the order of receipt; . (f) Termination of demonstration projects Subsection (g) of such section 305 is amended to read as follows: (g) The Secretary of Labor may terminate a demonstration project under this section if the Secretary— (1) determines that the State has violated the substantive terms or conditions of the project; (2) notifies the State in writing with sufficient detail describing the violation; and (3) determines that the State has not taken action to correct the violation within 90 days after the notification. . (g) Effective date; transition rule (1) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Transition rule (A) In general Nothing in this Act shall be considered to terminate or otherwise affect any demonstration project approved under section 305 of the Social Security Act before the date of the enactment of this Act. (B) Original conditions continue to apply A demonstration project described in subparagraph (A) shall be conducted in the same manner as if subsections (a) through (f) had not been enacted. 3. Evaluation of demonstration projects (a) In general Section 305 of the Social Security Act ( 42 U.S.C. 505 ) is amended by adding at the end the following: (i) The Secretary of Labor shall conduct an impact evaluation of each demonstration project conducted under this section, using existing data sources to the extent possible and methodology appropriate to determine the effects of the demonstration project, including on individual skill levels, earnings, and employment retention. . (b) Cooperation by State Section 305(b) of the Social Security Act ( 42 U.S.C. 505(b) ) (as amended by section 2(b) of this Act) is further amended by striking paragraphs (5) and (6) and inserting the following: (5) a description of the manner in which the State will determine the extent to which the goals and outcomes described in paragraph (3) were achieved; (6) assurances that the State will cooperate, in a timely manner, with the Secretary of Labor with respect to the impact evaluation conducted under subsection (i); and . (c) Reporting Not later than 90 days after the end of fiscal year 2014 and each fiscal year thereafter, until the completion of the last evaluation under section 305(i) of the Social Security Act, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report that includes a description of— (1) the status of each demonstration project being carried out under this section; (2) the results of the evaluation completed during the previous fiscal year; and (3) the Secretary’s plan for— (A) disseminating the findings of the report to appropriate State agencies; and (B) incorporating the components of successful demonstration projects that reduced benefit duration and increased employment into Federal unemployment law. (d) Public dissemination In addition to the reporting requirements under subparagraph (c), evaluation results shall be shared broadly to inform policy makers, service providers, other partners, and the public in order to promote wide use of successful strategies, including by posting evaluation results on the Internet website of the Department of Labor.
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113-hr-3865
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I 113th CONGRESS 2d Session H. R. 3865 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Camp introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prohibit the Internal Revenue Service from modifying the standard for determining whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) of the Internal Revenue Code of 1986.
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) of the Internal Revenue Code of 1986 after the date of the enactment of this Act. (b) Prohibition on modification of standard The Secretary of the Treasury may not 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.
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113-hr-3866
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I 113th CONGRESS 2d Session H. R. 3866 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Armed Services A BILL To prohibit an increase in the number of flag and general officers.
1. No increase in flag or general officers No funds appropriated for fiscal year 2014 may be used for flag or general officers for each military department that are in excess to the number of such officers serving in such military department as of the date of enactment of this Act.
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113-hr-3867
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I 113th CONGRESS 2d Session H. R. 3867 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Sean Patrick Maloney of New York (for himself, Mr. Gibson , Mr. Maffei , Mr. Cooper , Mr. McIntyre , Mr. Takano , Mr. Matheson , Mr. Conaway , Mr. Owens , Mr. Larsen of Washington , Mr. Collins of New York , Mr. Hanna , Mr. King of New York , Mrs. Carolyn B. Maloney of New York , Mr. Kennedy , Mr. Deutch , Mr. Kilmer , and Mr. Crowley ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Secretary of the Treasury to mint coins in commemoration of the National Purple Heart Hall of Honor.
1. Short title This Act may be cited as the National Purple Heart Hall of Honor Commemorative Coin Act . 2. Findings The Congress finds the following: (1) The National Purple Heart Hall of Honor’s mission is— (A) to commemorate the extraordinary sacrifice of America’s servicemen and servicewomen who were killed or wounded in combat; and (B) to collect and preserve the stories of National Purple Heart recipients from all branches of service and across generations to ensure that all recipients are represented. (2) The National Purple Heart Hall of Honor first opened its doors on November 10, 2006, in New Windsor, NY. (3) The National Purple Heart Hall of Honor is located at the New Windsor Cantonment State Historic Site, where General George Washington’s Army camped during the Revolutionary War and where he first awarded the Badge of Military Merit, a piece of purple cloth that became the model for the Purple Heart. (4) The National Purple Heart Hall of Honor is the first to recognize the more than 1.7 million U.S. servicemembers wounded or killed in action ranging from the American Revolutionary War to the present day, serving as a living memorial to their sacrifice by sharing their stories through interviews, exhibits and the Roll of Honor, an interactive computer database of each recipient. 3. Coin specifications (a) Denominations The Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $5 gold coins Not more than 50,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins Not more than 400,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half-dollar clad coins Not more than 750,000 half-dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) Design Requirements (1) In general The design of the coins minted under this Act shall be emblematic of the National Purple Heart Hall of Honor. (2) Designation and inscriptions On each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2017 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum . (b) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts and the National Purple Heart Hall of Honor, Inc.; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of Coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility Only the West Point Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2017. 6. Sale of coins (a) Sale Price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins issued under this Act shall include a surcharge of— (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Purple Heart Hall of Honor, Inc., to help finance the construction of a new building and renovation of existing National Purple Heart Hall of Honor facilities. (c) Audits The National Purple Heart Hall of Honor, Inc., shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.
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113-hr-3868
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I 113th CONGRESS 2d Session H. R. 3868 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Royce introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Foreign Assistance Act of 1961 to limit assistance to the Palestinian Authority, and for other purposes.
1. Short title This Act may be cited as the Palestinian Peace Promotion and Anti-Incitement Act . 2. Sense of Congress It is the sense of Congress that— (1) the Palestinian Authority has not fully lived up to its prior agreements with Israel to end incitement; and (2) the Palestinian Authority should do more to prepare the Palestinian people for peace with Israel. 3. Limitation on assistance to the Palestinian Authority (a) In general Chapter 1 of part III of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2351 et seq. ) is amended by adding at the end the following: 620N. Limitation on assistance to the Palestinian Authority (a) Limitation Funds made available under chapter 4 of part II of this Act may be obligated or expended to provide assistance to the Palestinian Authority only during a period for which a certification described in subsection (b) or a recertification described in subsection (c) is in effect. (b) Certification A certification described in this subsection is a certification transmitted by the President to the appropriate congressional committees that contains a determination of the President that the Palestinian Authority— (1) no longer engages in a pattern of incitement against the United States or Israel; and (2) is engaged in peace preparation activities aimed at promoting peace with the Jewish State of Israel. (c) Recertifications Not later than 90 days after the date on which the President transmits to the appropriate congressional committees an initial certification under subsection (b), and every six months thereafter— (1) the President shall transmit to the appropriate congressional committees a recertification that the requirements contained in subsection (b) are continuing to be met; or (2) if the President is unable to make such a recertification, the President shall transmit to the appropriate congressional committees a report that contains the reasons therefor. (d) Report (1) In general Whenever the President transmits a certification under subsection (b) or a recertification under subsection (c), the President shall submit to the appropriate congressional committees a report that details the justification for the certification or recertification, as the case may be, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed. (2) Additional matters Such report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons, and dismantle the terrorist infrastructure. (e) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Incitement The term incitement means— (A) statements, media, communication, or other activities against any religion, ethnicity, or nationality, (B) advocacy, endorsement, or glorification of violence, martyrdom, or terrorism, or (C) endorsement, glorification, honor, or other memorialization of any person or group that has advocated, sponsored, or committed acts of terrorism, including the naming after or dedication to such person or group of any school, community center, camp, stadium, public square, street, land, landmark, waterway, or other facility, that is sponsored, supported, or directed by officials or employees of the Palestinian Authority or Palestinian Authority-controlled, sponsored, or supported electronic, broadcast, and print media, schools, mosques, or institutions. (3) Palestinian authority The term Palestinian Authority means the interim Palestinian administrative organization that governs part of the West Bank and all of the Gaza Strip (or any successor Palestinian governing entity), including the Palestinian Legislative Council. (4) Peace preparation activities The term peace preparation activities means Arabic-language communications and educational activities sponsored by the Palestinian Authority that are communicated or administered via electronic, broadcast and print media, schools, mosques, and statements by government officials that may include the following: (A) Public acknowledgments of the State of Israel’s right to exist as a Jewish state. (B) Firm public commitments to and endorsements of peaceful co-existence with the Jewish State of Israel. (C) Production, distribution, and public display via all media platforms, schools, mosques, educational materials and elsewhere of maps that show the State of Israel existing as Israel side-by-side with Palestine and halting all production, distribution, or public display of maps that do not include a state of Israel. . (b) Effective date The amendment made by subsection (a) takes effect on the date of the enactment of this Act and applies with respect to funds made available under the Foreign Assistance Act of 1961 for fiscal year 2014 and subsequent fiscal years.
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113-hr-3869
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I 113th CONGRESS 2d Session H. R. 3869 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Bishop of New York (for himself, Mr. Grimm , and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for an equitable management of summer flounder based on geographic, scientific, and economic data and for other purposes.
1. Short title This Act may be cited as the Fluke Fairness Act . 2. Findings Congress finds the following: (1) Summer flounder is an important economic fish stock for commercial and recreational fishermen across the Northeast and Mid-Atlantic United States. (2) The Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) was reauthorized in 2006 and instituted annual catch limits and accountability measures for important fish stocks. (3) That reauthorization prompted fishery managers to look at alternate management schemes to rebuild depleted stocks like summer flounder. (4) Summer flounder occur in both State and Federal waters and are managed through a joint fishery management plan between the Council and the Commission. (5) The Council and the Commission decided that each State’s recreational and commercial harvest limits for summer flounder would be based upon landings in previous years. (6) These historical landings were based on flawed data sets that no longer provide fairness or flexibility for fisheries’ managers to allocate resources based on the best science. (7) This allocation mechanism resulted in an uneven split among the States along the East Coast which is problematic. (8) The Fishery Management Plan for summer flounder does not account for regional changes in the location of the fluke stock even though the stock has moved further to the north and changes in effort by anglers along the East Coast. (9) The States have been locked in a management system based on data that occurred over a decade ago and the summer flounder stock is not being managed using the best available science and modern fishery management techniques. (10) It is in the interest of the Federal Government to establish a new fishery management plan for summer flounder that is based on current geographic, scientific, and economic realities. 3. Definitions In this Act: (1) Commission The term Commission means the Atlantic States Marine Fisheries Commission. (2) Council The term Council means the Mid-Atlantic Fishery Management Council established under section 302(a) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(a) ). (3) National Standards The term National Standards means the national standards for fishery conservation and management set out in section 301(a) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1851(a) ). (4) Secretary The term Secretary means the Secretary of Commerce. (5) Summer flounder The term summer flounder means the species Paralichthys dentatus. 4. Summer flounder management reform (a) Fishery management plan modification Not later than 1 year after the date of the enactment of this Act, the Council shall submit to the Secretary, and the Secretary may approve, a modified fishery management plan for the commercial and recreational management of summer flounder under title III of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1851 et seq. ) or an amendment to such plan that— (1) shall be based on the best scientific information available; (2) reflects changes in the distribution, abundance, and location of summer flounder in establishing distribution of the commercial and recreational catch quotas; (3) considers regional, coastwide, or other management measures for summer flounder that comply with the National Standards; and (4) prohibits the allocation of commercial or recreational catch quotas for summer flounder on a State-by-State basis using historical landings data that does not reflect the status of the summer flounder stock, based on the most recent scientific information. (b) Consultation with the Commission In preparing the modified fishery management plan or an amendment to such a plan as described in subsection (a), the Council shall consult with the Commission to ensure consistent management throughout the range of the summer flounder. (c) Failure To submit plan If the Council fails to submit a modified fishery management plan or an amendment to such a plan as described in subsection (a) that may be approved by the Secretary, the Secretary shall prepare and approve such a modified plan or amendment. 5. Report Not later than 1 year after the date of the approval under section 4 of a modified fishery management plan for the commercial and recreational management of summer flounder or an amendment to such plan, the Comptroller General of the United States shall submit to Congress a report on the implementation of such modified plan or amendment that includes an assessment of whether such implementation complies with the National Standards.
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113-hr-3870
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I 113th CONGRESS 2d Session H. R. 3870 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Blumenauer (for himself, Mr. Holt , Mr. Pallone , Mr. Nadler , Ms. Schwartz , Mr. Conyers , Ms. Shea-Porter , Mr. Pascrell , Ms. Lee of California , Mr. Schiff , Mr. Connolly , Mr. Moran , Mr. Grijalva , Mr. Huffman , Ms. McCollum , and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Transportation and Infrastructure , Energy and Commerce , and the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the use of funds in the Hazardous Substance Superfund for the purposes for which they were collected, to ensure adequate resources for the cleanup of hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes.
1. Short title This Act may be cited as the Superfund Reinvestment Act . 2. Use of Hazardous Substance Superfund for cleanup (a) Availability of amounts Section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9611 ) is amended— (1) in subsection (a) by striking For the purposes specified and all that follows through for the following purposes: and inserting the following: The amount in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to be used for the purposes specified in this section. The President shall use such amount for the following purposes: ; and (2) in subsection (c)— (A) by striking Subject to such amounts as are provided in appropriations Acts, the each place it appears and inserting The ; and (B) in paragraph (12) by striking to the extent that such costs and all that follows through and 1994 . (b) Amendment to the Internal Revenue Code Section 9507 of the Internal Revenue Code of 1986 is amended— (1) by striking appropriated to in subsection (a)(1) and inserting made available for ; (2) by striking appropriated in subsection (b) and inserting transferred ; (3) by striking , as provided in appropriations Acts, in subsection (c)(1); and (4) by striking December 31, 1995 in subsection (d)(3)(B) and inserting December 31, 2023 . 3. Budgetary treatment of Hazardous Substance Superfund Notwithstanding any other provision of law, the receipts and disbursements of the Hazardous Substance Superfund established in section 9507 of the Internal Revenue Code of 1986— (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of— (A) the budget of the United States Government as submitted by the President; (B) the congressional budget (including allocations of budget authority and outlays provided therein); (C) the Balanced Budget and Emergency Deficit Control Act of 1985; or (D) the Statutory Pay-As-You-Go Act of 2010; (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government; and (3) shall be available only for the purposes specified in section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9611 ). 4. Extension of Superfund taxes (a) Excise taxes Subsection (e) of section 4611 of the Internal Revenue Code of 1986 is amended to read as follows: (e) Application of hazardous substance superfund financing rate The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of the Superfund Reinvestment Act and before January 1, 2024. . (b) Corporate environmental income tax Subsection (e) of section 59A of such Code is amended to read as follows: (e) Application of tax The tax imposed by this section shall apply to taxable years beginning after December 31, 1986, and before January 1, 1996, and to taxable years beginning after the date of the enactment of the Superfund Reinvestment Act and before January 1, 2024. . (c) Technical amendments (1) Subsection (b) of section 4611 of such Code is amended— (A) by striking or exported from in paragraph (1)(A); (B) by striking or exportation in paragraph (1)(B); and (C) by striking and exportation in the heading thereof. (2) Paragraph (3) of section 4611(d) of such Code is amended— (A) by striking or exporting the crude oil, as the case may be and inserting the crude oil ; and (B) by striking or exports in the heading thereof. 5. Applicability (a) In general Except as provided in subsections (b) and (c), this Act (including the amendments made by this Act) shall apply to fiscal years beginning after September 30, 2014. (b) Excise taxes The amendments made by sections 4(a) and 4(c) shall take effect on the date of the enactment of this Act. (c) Income tax The amendment made by section 4(b) shall apply to taxable years beginning after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3870ih/xml/BILLS-113hr3870ih.xml
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113-hr-3871
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I 113th CONGRESS 2d Session H. R. 3871 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Boustany introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow increased contributions to health savings accounts, to allow Medicare and VA healthcare participants to contribute to health savings accounts, and for other purposes.
1. Short title This Act may be cited as the Promoting Health for Future Generations Act of 2014 . 2. Increase in HSA contribution limitation (a) In general Subsection (b) of section 223 of the Internal Revenue Code of 1986 (relating to monthly limitation) is amended— (1) by striking $2,250 in paragraph (2)(A) and inserting the amount in effect under subsection (c)(2)(A)(ii)(I) , and (2) by striking $4,500 in paragraph (2)(B) and inserting the amount in effect under subsection (c)(2)(A)(ii)(II) . (b) Conforming amendment Paragraph (1) of section 223(g) of such Code is amended by striking subsections (b)(2) and and inserting subsection . (c) Effective date The amendments made by this section shall apply to contributions for taxable years beginning after December 31, 2014. 3. Medicare and VA healthcare enrollees eligible to contribute to HSA (a) In general (1) Subsection (b) of section 223 of the Internal Revenue Code of 1986 is amended by striking paragraph (7) and redesignating paragraph (8) as paragraph (7). (2) Subsection (c) of section 223 of such Code (relating to definitions and special rules) is amended by adding at the end the following new paragraph: (6) Special rule for individuals entitled to benefits under Medicare or enrolled for health benefits from VA In the case of an individual— (A) (i) who is entitled to benefits under title XVIII of the Social Security Act, and (ii) with respect to whom a health savings account is established in a month before the first month such individual is entitled to such benefits, or (B) (i) who is enrolled in the patient enrollment system established by the Secretary of Veterans Affairs pursuant to section 1705 of title 38, United States Code, and (ii) with respect to whom a health savings account is established in a month before the first month such individual is enrolled in such system, such individual shall be deemed to be an eligible individual. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 4. Allowing MSA and HSA rollover to adult child of account holder (a) MSAs (1) Subparagraph (A) of section 220(f)(8) of the Internal Revenue Code of 1986 (relating to treatment after death of account holder) is amended— (A) by inserting or adult child after surviving spouse , (B) by inserting or adult child, as the case may be, after the spouse , and (C) by inserting or adult child after spouse in the heading thereof. (2) Paragraph (8) of section 220(f) of such Code is amended by adding at the end the following new subparagraph: (C) Adult child For purposes of this paragraph, the term adult child means an individual— (i) who is a child of the deceased individual, and (ii) with respect to whom a deduction under section 151 would not be allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. . (b) HSAs (1) Subparagraph (A) of section 223(f)(8) of such Code (relating to treatment after death of account beneficiary) is amended— (A) by inserting or adult child after surviving spouse , (B) by inserting or adult child, as the case may be, after the spouse , and (C) by inserting or adult child after spouse in the heading thereof. (2) Paragraph (8) of section 223(f) of such Code is amended by adding at the end the following new subparagraph: (C) Adult child For purposes of this paragraph, the term adult child has the meaning given to such term by section 220(f)(8)(C). . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3871ih/xml/BILLS-113hr3871ih.xml
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113-hr-3872
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I 113th CONGRESS 2d Session H. R. 3872 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Hanna (for himself and Ms. Hahn ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, to reauthorize the State infrastructure bank program.
1. Short title This Act may be cited as the State Transportation and Infrastructure Financing Innovation Act (STIFIA) . 2. State infrastructure bank program Section 610 of title 23, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (1), by striking subparagraph (A) and inserting the following: (A) 15 percent of the funds apportioned to the State for each of fiscal years 2013 and 2014 under each of sections 104(b)(1) and 104(b)(2); and ; (B) in paragraph (2), by striking 2005 through 2009 and inserting 2013 and 2014 ; (C) in paragraph (3), by striking 2005 through 2009 and inserting 2013 and 2014 ; and (D) in paragraph (5), by striking section 133(d)(3) and inserting section 133(d)(4) ; and (2) in subsection (k), by striking 2005 through 2009 and inserting 2013 and 2014 .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3872ih/xml/BILLS-113hr3872ih.xml
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113-hr-3873
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I 113th CONGRESS 2d Session H. R. 3873 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Honda (for himself, Mr. Grijalva , and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 in order to support the community schools model.
1. Short title This Act may be cited as the Supporting Community Schools Act of 2013 . 2. Findings Congress finds the following: (1) The community school model effectively leverages multiple education funding streams, which results in greater resources for a school. Community schools increase and sustain capacity through diversified financial support and leverage, on average, 3 dollars from private and other sources for every 1 dollar of State funding provided to the schools. According to Secretary of Education Arne Duncan, for every dollar spent on community schools, the United States is getting back 5, 6, or 7 dollars from the business community, nonprofit organizations, social service agencies, and State and Federal governments. (2) According to Linda Darling-Hammond, the Charles DuCommon Professor of Education at Stanford University, community schools, which make local schools the hub of education and health services for children and families, have proven to be highly successful and are cost effective and replicable. Community schools are a force for development and stability that strengthens families and communities, and such schools offer childcare and early learning, family literacy and job-training, tutoring and enrichment before and after school, and on-site health clinics. (3) The bulk of community school resources go directly to assist schools in meeting the schools' core instructional missions, while also strengthening the health and well-being of students, families, and neighborhoods. Community schools dedicate approximately 57 percent of expenditures to support learning through academic enrichment and after school activities, summer learning programs, early childhood education, service learning and civic engagement, life skills, sports, and recreation. The second largest expenditure, 19 percent, is directed towards health and mental health services, which ensure that children are physically able to learn and that health-related barriers are identified and addressed. On average, 12 percent of the resources are spent on supporting families, adult education, and immigrant services. Twelve percent is spent on staff sites, including the costs of a coordinator, tutors, interns, mentors, and volunteers, working on the alignment of activities for the community school. (4) The Tulsa Area Community Schools Initiative (TACSI) in Tulsa, Oklahoma, operates 18 community schools that serve as centers of community life, offering comprehensive programs, services, and opportunities to students, families, and the neighboring community. Researchers compared 18 TACSI schools to 18 non-TACSI schools and found that students in TACSI schools that had deeply embedded the community school model scored significantly higher than comparable students in non-TACSI schools on mathematics achievement tests. Further, the 18 TACSI schools had higher ratings of instructional leadership and effective supervisory practices, a stronger culture of faculty trust, and higher levels of student trust of teachers, school identification among students, parent trust in school, and school outreach, than the comparison schools. (5) In Multnomah County, Oregon, Schools Uniting Neighborhoods (SUN) transforms schools into community schools. SUN is a partnership of Multnomah County, the City of Portland, including Children’s Investment Fund, local school districts, the Oregon Department of Human Services, a Business Leader’s Roundtable, and nonprofit organizations. Data shows that students who regularly participated in SUN activities showed strong gains in academics, attendance, and behavioral areas. There was a 76 percent increase in State benchmark scores in reading and mathematics for such students, the average daily school attendance at such schools was 95 percent, and 74 percent of the students had a more positive attitude toward schools. (6) All Cincinnati, Ohio, public schools are using some level of the community school strategy. Cincinnati Public Schools have been the most improved urban district in Ohio. Cincinnati, Ohio, is the first urban district in the State to receive an effective rating. The district had a rating of academic emergency when the districtwide community learning center program first began. Oyler Elementary School, where 92 percent of the students receive free or reduced lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), was once threatened with closure. Oyler Elementary School has achieved more than its expected level of growth for more than 2 consecutive years. The school’s performance index has improved by 6 percent in the last 2 years alone. (7) In Providence, Rhode Island, results from Bailey Elementary School, the first full-service community school in the State, are positive. In 2009, Bailey Elementary School made adequate yearly progress in both mathematics and reading for the first time in 4 years. In reading, students in grade 3 went from scoring 27 percent proficiency in 2007 to 41 percent in 2009, scores for students in grade 4 jumped from 28 percent proficiency to 59 percent during the same period, and students in grade 5 moved from 12 percent proficiency to 39 percent. (8) The Evansville Vanderburgh School Corporation (EVSC) in Evansville, Indiana, is a districtwide community school system that serves over 22,000 students in 38 schools. Students are connected to their schools and to helping institutions like churches and community organizations, libraries and health clinics, recreation centers and volunteer agencies, all of which allow students to explore and participate in the larger community. 3. Purpose The purpose of this Act is to provide State educational agencies and local educational agencies with the funding, flexibility, and support necessary to implement a research and evidence based community school model, in order to— (1) enable local educational agencies and community partners, including public and private agencies, community-based organizations, local government, institutions of higher education, families, family advocacy organizations, after school program providers, summer program providers, museums, libraries, and other cultural institutions and civic organizations, to leverage their resources to prepare students for institutions of higher education, careers, and citizenship, through the creation and establishment of community schools; and (2) to provide funding for the creation, continuation, or expansion of results-driven partnerships that align numerous funding streams, including public and private funding, and leverage existing funding. 4. Definitions Section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended— (1) in paragraph (39), by striking State .—The and inserting the following: (40) State .—The ; (2) by redesignating paragraphs (7) through (36), paragraphs (37) through (39), and paragraphs (40) through (43) as paragraphs (8) through (37), paragraphs (39) through (41), and paragraphs (44) through (47), respectively; (3) by inserting after paragraph (6) the following: (7) Community school The term community school means a public elementary school or secondary school that— (A) provides a coordinated and responsive set of programs and integrated student supports that focus on academics, mental and physical health and social services, youth and community development, early care and education programs and services, expanded learning time (including summer learning), and community engagement that leads to improved student learning and development, stronger families, and healthier communities; (B) is supported by a set of partnerships between such school or local educational agency and other community resources, such as community-based organizations, nonprofit organizations, and other public or private entities with a demonstrated record of successfully meeting student and family needs, consistent with the purpose of a community school model, as described in section 3 of the Supporting Community Schools Act of 2013; (C) in addition to serving as an elementary school or secondary school, also operates as a center of the community that is open to the community and provides or hosts relevant services for the community, to the greatest extent practicable; (D) allows for the coordination of the assets of the school and communities to more efficiently and effectively meet the needs of all students; (E) provides opportunities for collaboration between the specialized instructional support personnel who are employed by a school or a local educational agency and are responsible for providing specialized instructional support services, school nurses, and other staff to offer a comprehensive range of services and opportunities to children, families, and communities; (F) identifies a site coordinator (who may be provided through a partnership with a nonprofit organization) to serve as a liaison with partner organizations in order to assist the community school in providing children and families with the integrated services and comprehensive supports that are needed to improve the learning of children and the ability of children to plan for postsecondary educational opportunities, such as services and supports related to— (i) health; (ii) employment; (iii) mentoring or tutoring services, and other human services; (iv) enrichment and accelerated learning opportunities; (v) before school and after school programs; (vi) recreation programs; and (vii) summer programs; and (G) implements the following: (i) The strengthening of the instructional program of the school for core academic subjects, by— (I) providing challenging curricula, raising standards and expectations, and developing highly effective teachers who are skilled in content area knowledge, pedagogy, and socio-emotional development; (II) strengthening parent, family, and community engagement; and (III) establishing practices that address all aspects of student achievement and development, including cognitive, social, emotional, physical, and civic development. (ii) The provision of effective professional development to assist teachers and administrators, specialized instructional support personnel, other staff, and families in identifying and meeting the comprehensive needs of students. (iii) Strategies to increase student motivation and engagement in learning in school and community settings, before, during, and after school, and during the summer (in order to prevent summer learning loss). (iv) The establishment of partnerships with organizations that volunteer to support enrichment and development activities, including organizations such as youth sports leagues, and activities such as family counseling, housing fairs, or financial fairs, designed to meet student, family, and community needs. (v) The creation of a school climate that is safe and supportive. (vi) Improvement of the coordination, availability, delivery, and effectiveness of integrated services and comprehensive supports for children and families. (vii) The integration of academic enrichment and social services to support the development of the whole child, including the child's intellectual, social, emotional, and physical development. (viii) The promotion of mutual respect and collaboration. (ix) The enhancement of parent, family, caregiver, and community engagement by— (I) using consistent, diverse, and culturally competent outreach strategies; and (II) supporting family engagement, including adult education and family literacy activities, family volunteering, and family input in school policies, in order to support children’s learning. (x) Increased access to, and improved quality of, early care and education programs, when applicable. (xi) The creation of a cultural environment that is supportive of postsecondary education and career readiness. (xii) The employment of technology to increase student engagement and student achievement. ; (4) by inserting after paragraph (37) (as redesignated by paragraph (2)) the following: (38) Research and Evidence Based The term research and evidence based means a model that is based on theoretical considerations, reported practice, and prior research, and has demonstrated success in— (A) improving student achievement or student growth; (B) closing achievement gaps; (C) increasing attendance; and (D) in the case of a secondary school, increasing secondary school graduation rates. ; and (5) by inserting after paragraph (41) (as redesignated by paragraph (2)) the following: (42) Specialized instructional support personnel The term specialized instructional support personnel means school counselors, school social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary corrective or supportive services (including related services, as such term is defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 )) as part of a comprehensive program to meet student needs. (43) Specialized instructional support services The term specialized instructional support services means the services provided by specialized instructional support personnel, and any other corrective or supportive services, to meet student needs. . 5. Use of the community schools model by schools in need of improvement (a) School improvement grants Section 1003(g)(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6303(g)(9) ) is amended— (1) by striking Local awards .—Each and inserting the following: Local awards .— (A) In general Each ; and (2) by adding at the end the following: (B) Community schools model (i) In General A local educational agency may use funds under this subsection to transform a school identified for improvement, corrective action, or restructuring under section 1116 into a research and evidence based community school, in order to— (I) improve student achievement in the school; and (II) create incentives to grow and sustain community partnerships so that the school and the community work together to improve student academic achievement and social and emotional well-being. (ii) Requirements A local educational agency that uses funds under this subsection to transform a school identified for improvement, corrective action, or restructuring under section 1116 into a research and evidence based community school shall— (I) use rigorous, transparent, and equitable evaluation systems to assess the effectiveness of the implementation of the community school model; (II) provide ongoing, high-quality professional development to staff that— (aa) is aligned with the school's instructional program; (bb) facilitates effective teaching and learning; and (cc) supports the implementation of school reform strategies; and (III) give the school sufficient operational flexibility in programming, staffing, budgeting, and scheduling so that such school can fully implement a comprehensive strategy that is designed to substantially improve student achievement, and, if applicable, increase the graduation rate at such school. (iii) Continuation of Activities Notwithstanding any other provision of this subparagraph, in carrying out a community school model, a local educational agency may continue to build on, or complete, actions that the local educational agency has taken in the 3 years before the school year in which the local educational agency begins to fully implement the community school model. . (b) School improvement plans Section 1116(b)(3)(A)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b)(3)(A)(i) ) is amended by inserting , or the implementation of a research and evidence based community school model after part F . (c) Corrective Action Section 1116(b)(7)(C)(iv) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b)(7)(C)(iv) ) is amended by adding at the end the following: (VII) Transform the school into a research and evidence based community school. . (d) Alternate governance arrangements Section 1116(b)(8)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b)(8)(B) ) is amended— (1) by redesignating clause (v) as clause (vi); and (2) by inserting after clause (iv) the following: (v) Transforming the school into a research and evidence based community school. . 6. Encouraging community-school coordination in prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk Section 1424(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6454(3) ) is amended by striking education and inserting the following: education, which may include funding for a community school coordinator who will support community schools operating within the local educational agency by— (A) coordinating results-focused partnerships that support the goals of community schools; (B) integrating school and community resources based on individual student needs; (C) engaging families and community partners; (D) mobilizing partners, coordinating resources, and managing site-level programming at a community school, including working with a lead agency (such as a community-based organization, institution of higher education, or public agency) to provide additional site coordination; (E) helping align and leverage resources and integrate funding streams; and (F) demonstrating, through the use of performance indicators, how the community school supports the academic, social, emotional, physical, and civic development of students and the community. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3873ih/xml/BILLS-113hr3873ih.xml
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113-hr-3874
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I 113th CONGRESS 2d Session H. R. 3874 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Hudson introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide for the periodic review of the efficiency and public need for Federal agencies, to establish a commission for the purpose of reviewing the efficiency and public need of such agencies, and to provide for the abolishment of agencies for which a public need does not exist.
1. Short title; table of contents (a) Short title This Act may be cited as the Federal Sunset Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Review and abolishment of Federal agencies. Sec. 3. Establishment of Commission. Sec. 4. Review of efficiency and need for Federal agencies. Sec. 5. Criteria for review. Sec. 6. Commission oversight. Sec. 7. Rulemaking authority. Sec. 8. Relocation of Federal employees. Sec. 9. Program inventory. Sec. 10. Definition of agency. Sec. 11. Offset of amounts appropriated. 2. Review and abolishment of Federal agencies (a) Schedule for review Not later than one year after the date of the enactment of this Act, the Federal Agency Sunset Commission established under section 3 (in this Act referred to as the Commission ) shall submit to Congress a schedule for review by the Commission, at least once every 12 years (or less, if determined appropriate by Congress), of the abolishment or reorganization of each agency. (b) Review of agencies performing related functions In determining the schedule for review of agencies under subsection (a), the Commission shall provide that agencies that perform similar or related functions be reviewed concurrently to promote efficiency and consolidation. (c) Abolishment of agencies (1) In general Each agency shall— (A) be reviewed according to the schedule created pursuant to this section; and (B) be abolished not later than one year after the date that the Commission completes its review of the agency pursuant to such schedule, unless the agency is reauthorized by the Congress. (2) Extension The deadline for abolishing an agency may be extended for an additional two years after the date described in paragraph (1)(B) if the Congress enacts legislation extending such deadline by a vote of a super majority of the House of Representatives and the Senate. 3. Establishment of Commission (a) Establishment There is established a commission to be known as the Federal Agency Sunset Commission . (b) Composition The Commission shall be composed of 12 members (in this Act referred to as the members ) who shall be appointed as follows: (1) Six members shall be appointed by the Speaker of the House of Representatives, one of whom may include the Speaker of the House of Representatives, with minority members appointed with the consent of the minority leader of the House of Representatives. (2) Six members shall be appointed by the majority leader of the Senate, one of whom may include the majority leader of the Senate, with minority members appointed with the consent of the minority leader of the Senate. (c) Qualifications of members (1) In general (A) Of the members appointed under subsection (b)(1), four shall be members of the House of Representatives (not more than two of whom may be of the same political party), and two shall be an individual described in subparagraph (C). (B) Of the members appointed under subsection (b)(2), four shall be members of the Senate (not more than two of whom may be of the same political party) and two shall be an individual described in subparagraph (C). (C) An individual under this subparagraph is an individual— (i) who is not a member of Congress; and (ii) with expertise in the operation and administration of Government programs. (2) Continuation of membership If a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, that member shall cease to be a member of the Commission. The validity of any action of the Commission shall not be affected as a result of a member becoming ineligible to serve as a member for the reasons described in this paragraph. (d) Initial appointments All initial appointments to the Commission shall be made not later than 90 days after the date of the enactment of this Act. (e) Chairman; vice Chairman (1) Initial Chairman An individual shall be designated by the Speaker of the House of Representatives from among the members initially appointed under subsection (b)(1) to serve as chairman of the Commission for a period of 2 years. (2) Initial vice-chairman An individual shall be designated by the majority leader of the Senate from among the individuals initially appointed under subsection (b)(2) to serve as vice-chairman of the Commission for a period of two years. (3) Alternate appointments of chairmen and vice-chairmen Following the termination of the two-year period described in paragraphs (1) and (2), the Speaker and the majority leader shall alternate every two years in appointing the chairman and vice-chairman of the Commission. (f) Terms of members (1) Members of Congress Each member appointed to the Commission who is a member of Congress shall serve for a term of six years, except that, of the members first appointed under paragraphs (1) and (2) of subsection (b), 2 members shall be appointed to serve a term of three years under each such paragraph. (2) Other members Each member of the Commission who is not a member of Congress shall serve for a term of three years. (3) Term limit (A) A member of the Commission who is a member of Congress and who serves more than three years of a term may not be appointed to another term as a member. (B) A member of the Commission who is not a member of Congress and who serves as a member of the Commission for more than 56 months may not be appointed to another term as a member. (g) Powers of Commission (1) Hearings and sessions The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission may administer oaths to witnesses appearing before it. (2) Obtaining information The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this Act. Upon request of the Chairman, the head of that department or agency shall furnish that information to the Commission in a full and timely manner. (3) Subpoena power (A) The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter under investigation by the Commission. (B) If a person refuses to obey an order or subpoena of the Commission that is issued in connection with a Commission proceeding, the Commission may apply to the United States district court in the judicial district in which the proceeding is held for an order requiring the person to comply with the subpoena or order. (4) Immunity The Commission is an agency of the United States for purposes of part V of title 18, United States Code (relating to immunity of witnesses). (5) Contract authority The Commission may contract with and compensate government and private agencies or persons for services without regard to section 3709 of the Revised Statutes ( 41 U.S.C. 5 ). (h) Commission procedures (1) Meetings The Commission shall meet at the call of the Chairman. (2) Quorum Seven members of the Commission shall constitute a quorum but a lesser number may hold hearings. (i) Personnel matters (1) Compensation Members shall not be paid by reason of their service as members. (2) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (3) Director The Commission shall have a Director who shall be appointed by the Chairman. The Director shall be paid at a rate not to exceed the maximum rate of basic pay payable for GS–15 of the General Schedule. (4) Staff The Director may appoint and fix the pay of additional personnel as the Director considers appropriate. (5) Applicability of certain civil service laws The Director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (j) Other administrative matters (1) Postal and printing services The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the United States. (2) Administrative support services Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties under this Act. (3) Experts and consultants The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (k) Sunset of Commission The Commission shall terminate on December 31, 2033, unless reauthorized by Congress. 4. Review of efficiency and need for Federal agencies (a) In general The Commission shall review the efficiency and public need for each agency in accordance with the criteria described in section 5. (b) Recommendations; report to Congress The Commission shall submit to Congress and the President not later than September 1 of each year a report containing— (1) an analysis of the efficiency of operation and public need for each agency to be reviewed in the year in which the report is submitted pursuant to the schedule submitted to Congress under section 2; (2) recommendations on whether each such agency should be abolished or reorganized; (3) recommendations on whether the functions of any other agencies should be consolidated, transferred, or reorganized in an agency to be reviewed in the year in which the report is submitted pursuant to the schedule submitted to Congress under section 2; and (4) recommendations for administrative and legislative action with respect to each such agency, but not including recommendations for appropriation levels. (c) Draft legislation The Commission shall submit to Congress and the President not later than September 1 of each year a draft of legislation to carry out the recommendations of the Commission under subsection (b). (d) Information gathering The Commission shall— (1) conduct public hearings on the abolishment of each agency reviewed under subsection (b); (2) provide an opportunity for public comment on the abolishment of each such agency; (3) require the agency to provide information to the Commission as appropriate; and (4) consult with the General Accounting Office, the Office of Management and Budget, the Comptroller General, and the chairman and ranking minority members of the committees of Congress with oversight responsibility for the agency being reviewed regarding the operation of the agency. (e) Use of program inventory The Commission shall use the program inventory prepared under section 9 in reviewing the efficiency and public need for each agency under subsection (a). 5. Criteria for review The Commission shall evaluate the efficiency and public need for each agency pursuant to section 4 using the following criteria: (1) The effectiveness, and the efficiency of the operation of, the programs carried out by each such agency. (2) Whether the programs carried out by the agency are cost-effective. (3) Whether the agency has acted outside the scope of its original authority, and whether the original objectives of the agency have been achieved. (4) Whether less restrictive or alternative methods exist to carry out the functions of the agency. (5) The extent to which the jurisdiction of, and the programs administered by, the agency duplicate or conflict with the jurisdiction and programs of other agencies. (6) The potential benefits of consolidating programs administered by the agency with similar or duplicative programs of other agencies, and the potential for consolidating such programs. (7) The number and types of beneficiaries or persons served by programs carried out by the agency. (8) The extent to which any trends, developments, and emerging conditions that are likely to affect the future nature and extent of the problems or needs that the programs carried out by the agency are intended to address. (9) The extent to which the agency has complied with the provisions contained in the Government Performance and Results Act of 1993 ( Public Law 103–62 ; 107 Stat. 285). (10) The promptness and effectiveness with which the agency seeks public input and input from State and local governments on the efficiency and effectiveness of the performance of the functions of the agency. (11) Whether the agency has worked to enact changes in the law that are intended to benefit the public as a whole rather than the specific business, institution, or individuals that the agency regulates. (12) The extent to which the agency has encouraged participation by the public as a whole in making its rules and decisions rather than encouraging participation solely by those it regulates. (13) The extent to which the public participation in rulemaking and decisionmaking of the agency has resulted in rules and decisions compatible with the objectives of the agency. (14) The extent to which the agency complies with section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). (15) The extent to which the agency complies with equal employment opportunity requirements regarding equal employment opportunity. (16) The extent of the regulatory, privacy, and paperwork impacts of the programs carried out by the agency. (17) The extent to which the agency has coordinated with State and local governments in performing the functions of the agency. (18) The potential effects of abolishing the agency on State and local governments. (19) The extent to which changes are necessary in the authorizing statutes of the agency in order that the functions of the agency can be performed in the most efficient and effective manner. 6. Commission oversight (a) Monitoring of implementation of recommendations The Commission shall monitor implementation of laws enacting provisions that incorporate recommendations of the Commission with respect to abolishment or reorganization of agencies. (b) Monitoring of other relevant legislation (1) In general The Commission shall review and report to Congress on all legislation introduced in either house of Congress that would establish— (A) a new agency; or (B) a new program to be carried out by an existing agency. (2) Report to Congress The Commission shall include in each report submitted to Congress under paragraph (1) an analysis of whether— (A) the functions of the proposed agency or program could be carried out by one or more existing agencies; (B) the functions of the proposed agency or program could be carried out in a less restrictive manner than the manner proposed in the legislation; and (C) the legislation provides for public input regarding the performance of functions by the proposed agency or program. 7. Rulemaking authority The Commission may promulgate such rules as necessary to carry out this Act. 8. Relocation of Federal employees If the position of an employee of an agency is eliminated as a result of the abolishment of an agency in accordance with this Act, there shall be a reasonable effort to relocate such employee to a position within another agency. 9. Program inventory (a) Preparation The Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, shall prepare an inventory of Federal programs (in this Act referred to as the program inventory ) within each agency. (b) Purpose The purpose of the program inventory is to advise and assist the Congress and the Commission in carrying out the requirements of this Act. Such inventory shall not in any way bind the committees of the Senate or the House of Representatives with respect to their responsibilities under this Act and shall not infringe on the legislative and oversight responsibilities of such committees. The Comptroller General shall compile and maintain the inventory and the Director of the Congressional Budget Office shall provide budgetary information for inclusion in the inventory. (c) Inventory content The program inventory shall set forth for each program each of the following matters: (1) The specific provision or provisions of law authorizing the program. (2) The committees of the Senate and the House of Representatives which have legislative or oversight jurisdiction over the program. (3) A brief statement of the purpose or purposes to be achieved by the program. (4) The committees which have jurisdiction over legislation providing new budget authority for the program, including the appropriate subcommittees of the Committees on Appropriations of the Senate and the House of Representatives. (5) The agency and, if applicable, the subdivision thereof responsible for administering the program. (6) The grants-in-aid, if any, provided by such program to State and local governments. (7) The next reauthorization date for the program. (8) A unique identification number which links the program and functional category structure. (9) The year in which the program was originally established and, where applicable, the year in which the program expires. (10) Where applicable, the year in which new budget authority for the program was last authorized and the year in which current authorizations of new budget authority expire. (d) Budget authority The report also shall set forth for each program whether the new budget authority provided for such programs is— (1) authorized for a definite period of time; (2) authorized in a specific dollar amount but without limit of time; (3) authorized without limit of time or dollar amounts; (4) not specifically authorized; or (5) permanently provided, as determined by the Director of the Congressional Budget Office. (e) CBO information For each program or group of programs, the program inventory also shall include information prepared by the Director of the Congressional Budget Office indicating each of the following matters: (1) The amounts of new budget authority authorized and provided for the program for each of the preceding four fiscal years and, where applicable, the four succeeding fiscal years. (2) The functional and subfunctional category in which the program is presently classified and was classified under the fiscal year 2014 budget. (3) The identification code and title of the appropriation account in which budget authority is provided for the program. (f) Mutual exchange of information The General Accounting Office, the Congressional Research Service, and the Congressional Budget Office shall permit the mutual exchange of available information in their possession which would aid in the compilation of the program inventory. (g) Assistance by Executive branch The Office of Management and Budget, and the Executive agencies and the subdivisions thereof shall, to the extent necessary and possible, provide the General Accounting Office with assistance requested by the Comptroller General in the compilation of the program inventory. 10. Definition of agency As used in this Act, the term agency has the meaning given that term by section 105 of title 5, United States Code, except that such term includes an advisory committee as that term is defined in section 102(2) of the Federal Advisory Committee Act . 11. Offset of amounts appropriated Amounts appropriated to carry out this Act shall be offset by a reduction in amounts appropriated to carry out programs of other Federal agencies.
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113-hr-3875
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I 113th CONGRESS 2d Session H. R. 3875 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Schiff introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Foreign Intelligence Surveillance Act of 1978 to reform the telephone metadata program.
1. Short title This Act may be cited as the Telephone Metadata Reform Act . 2. Searches of bulk caller data (a) In general Title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 et seq. ) is amended— (1) in section 501— (A) in subsection (a)(1), by striking other items and inserting other items, but not including call data records ; and (B) in subsection (e), by inserting or section 502 after this section ; (2) by redesignating section 502 as section 503; (3) by inserting after section 501 the following new section: 502. Access to certain call data records for foreign intelligence and international terrorism investigations (a) In general (1) Application The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order directing a telecommunications carrier to search the call data records of such telecommunication carrier using a call data record as the basis of such search and to produce the results of such search in a format specified by the Director or such designee to the Director or such designee not later than 12 hours after being directed to do so. Each application under this paragraph shall— (A) be made to a judge described in section 501(b)(1); (B) specify each telecommunications carrier that the applicant requests be directed to search call data records and produce the results of such search; and (C) include a statement of facts showing that there is a reasonable suspicion, based on specific and articulable facts, that the call data record to be used as the basis for the search is associated with a specific foreign terrorist organization, a specific clandestine intelligence activity, or specific foreign intelligence not concerning a United States person. (2) Order (A) Review of application Upon an application made pursuant to paragraph (1), if the judge finds that the application meets the requirements of such paragraph, the judge shall enter an ex parte order as requested, or as modified, approving the application. (B) Presumption In reviewing an application under subparagraph (A), a judge shall consider a call data record presumptively associated with a specific foreign terrorist organization, a specific clandestine intelligence activity, or specific foreign intelligence not concerning a United States person if the applicant shows in the statement of the facts that such call data record pertains to— (i) a foreign power or an agent of a foreign power; (ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (iii) an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation. (b) Exigent circumstances (1) Emergency directive The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may direct a telecommunications carrier to search the call data records of such telecommunication carrier using a call data record as the basis of such search and to produce the results of such search in a format specified by the Director or such designee to the Director or such designee not later than 6 hours after being directed to do so if— (A) the Director or such designee determines that the records sought are required due to exigent circumstances and that obtaining an order in accordance with subsection (a) would substantially delay an investigation; (B) the Director or such designee notifies a judge described in section 501(b)(1) not later than 24 hours after the Director or such designee exercises the authority under this subsection that the Director or such designee exercised such authority; and (C) an application for an order under subsection (a) with respect to the search and production of call data records conducted under such directive is made to such judge as soon as practicable, but not more than 5 days after the date on which the Director or such designee exercises the authority under this subsection. (2) Use of information If an application for an order requiring the search and production of the call data records acquired under an emergency directive issued under paragraph (1) is denied, or in any other case where the search and production of call data records pursuant to a directive issued under paragraph (1) is terminated and no order under this section is issued approving the search and production of such call data records— (A) such call data records shall be destroyed; (B) any call data records acquired pursuant to a subsequent search under subsection (c) based on the call data records obtained under such directive shall be destroyed; (C) no information obtained or evidence derived from the search and production of call data records under such directive or from such subsequent search shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof; and (D) no information concerning any United States person acquired from such search and production of call records shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person. (3) Enforcement (A) Order to compel If a telecommunications carrier fails to comply with a directive issued pursuant to paragraph (1), the Attorney General may file a petition for an order to compel the telecommunications carrier to comply with the directive with a judge described in section 501(b)(1). (B) Review If a judge considering a petition submitted under subparagraph (A) finds that the directive meets the requirements of this section and is otherwise lawful, the judge shall issue an order requiring the telecommunications carrier to comply with such directive. (C) Contempt of court Failure to obey an order issued under this paragraph may be punished by the judge as contempt of court. (D) Process Any process under this paragraph may be served in any judicial district in which the telecommunications carrier may be found. (c) Subsequent search using results of initial search The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may require a telecommunications carrier to conduct a search of the call data records of that telecommunications carrier using the results of a search conducted pursuant to an order under subsection (a) or a directive under subsection (b) as the basis for the search under this paragraph and to produce the results of such search under this paragraph in a format specified by the Director of such designee to the Director or such designee not later than 12 hours after being directed to do so. (d) Nondisclosure (1) In general No person shall disclose to any other person that the Federal Bureau of Investigation has sought or obtained call data records pursuant to an order or directive under this section other than to— (A) those persons to whom disclosure is necessary to comply with such order or such directive; (B) an attorney to obtain legal advice or assistance with respect to the search and production of call data records in response to such order or such directive; or (C) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (2) Persons to whom an order is disclosed (A) Applicability of nondisclosure requirement A person to whom disclosure is made pursuant to paragraph (1) shall be subject to the nondisclosure requirements applicable to a person to whom an order is directed under this section in the same manner as such person. (B) Sharing of information on nondisclosure requirement Any person who discloses to a person described in subparagraph (A), (B), or (C) of paragraph (1) that the Federal Bureau of Investigation has sought or obtained call data records pursuant to an order under this section shall notify such person of the nondisclosure requirements of this paragraph. (e) Limitation on retention of information related to United States persons The Federal Government may not retain call data records obtained pursuant to an order under subsection (a), a directive under subsection (b), or a subsequent search under subsection (c) for a period of more than 5 years if such records contain call data records pertaining to, or reasonably believed to pertain to, a United States person— (1) unless upon application to a judge described in section 501(b)(1) showing probable cause that such records are evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes and such judge finds such probable cause exists; or (2) except to the extent any portion of such records is lawfully used as part of a finished intelligence product. (f) Compensation The Government shall compensate, at the prevailing rate, a telecommunications carrier for providing call data records under this section. (g) Technical assistance The Government may provide appropriate technical assistance to a telecommunications carrier to allow such telecommunications carrier to comply expeditiously with an order or directive under this section. (h) Report The Director of the Federal Bureau of Investigation shall annually submit to Congress and make publicly available a report relating to searches conducted pursuant to this section during the immediately preceding year. Such report shall include— (1) the total number of searches conducted during such year; (2) the number of searches of United States telephone numbers (or telephone numbers reasonably believed to belong to a United States person) conducted during such year; (3) the total number of phone numbers that resulted from searches conducted during such year; (4) the number of United States telephone numbers, or telephone numbers reasonably believed to belong to a United States person, that resulted from such searches; (5) the number of times the Director or a designee of the Director exercised the authority under subsection (b) to issue a directive due to exigent circumstances; and (6) the number of times a court rejected an application made in accordance with subsection (b)(1)(C) and required the destruction of call data records produced pursuant to subsection (b)(1). (i) Definitions In this section: (1) Covered authorized investigation The term covered authorized investigation — (A) means an authorized investigation (other than a threat assessment) conducted to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation; and (B) does not include an investigation of a United States person conducted solely upon the basis of activities protected by the first amendment to the Constitution. (2) Telecommunications carrier The term telecommunications carrier has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act ( 47 U.S.C. 1001 ). ; and (4) by adding at the end the following new section: 504. Definitions In this title: (1) Agent of a foreign power; foreign intelligence information; foreign power; international terrorism The terms agent of a foreign power , foreign intelligence information , foreign power , and international terrorism have the meanings given such terms in section 101. (2) Call data record The term call data record means communications routing information, including an original or terminating telephone number, an International Mobile Subscriber Identity, an International Mobile Station Equipment Identity, a trunk identifier, a telephone calling card number, the time or duration of a call, or original or terminating text-message numerical information. . (b) Table of contents amendment The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 note) is amended by striking the item relating to section 502 and inserting the following new items: Sec. 502. Access to certain call data records for foreign intelligence and international terrorism investigations. Sec. 503. Congressional oversight. Sec. 504. Definitions. . (c) Effective date of limitation on acquisition of telephone metadata under existing law Subparagraph (A) of subsection (a)(1) shall take effect on the date that is 180 days after the date of the enactment of this Act. (d) Limitation on searches of telephone metadata acquired under existing law (1) In general Subject to paragraphs (2) and (3), no person may conduct a search of call data records acquired pursuant to an order under section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ), as in effect on the day before the effective date described in subsection (c). (2) Exception (A) Application The Director of the Federal Bureau of Investigation may make an application to a judge of the court established by section 103(a) ( 50 U.S.C. 1803(a) ) of such Act to conduct a search of call data records described in paragraph (1). Such application shall include a statement of facts showing that there is a reasonable suspicion, based on specific and articulable facts, that the call data record to be used as the basis for the search is associated with a specific foreign terrorist organization, a specific clandestine intelligence activity, or specific foreign intelligence not concerning a United States person. (B) Review of application Upon an application made pursuant to subparagraph (A), if the judge finds that the application meets the requirements of such subparagraph, the judge shall enter an ex parte order as requested, or as modified, approving the application. (C) Presumption In reviewing an application under subparagraph (B), a judge shall consider a call data record presumptively associated with a specific foreign terrorist organization, a specific clandestine intelligence activity, or specific foreign intelligence not concerning a United States person if the applicant shows in the statement of the facts that such call data record pertains to— (i) a foreign power or an agent of a foreign power; (ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (iii) an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation. (3) Expiration of exception Paragraph (2) shall not apply after the effective date described in subsection (c). (4) Call data record defined In this subsection, the term call data record has the meaning given the term in section 504 of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a) of this section. (e) Rule of construction Nothing in this Act or the amendments made by this Act shall be construed to— (1) require a telecommunications carrier (as defined in section 502(f) of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a)) to maintain call data records (as defined in section 504 of such Act, as added by subsection (a)) for any specific period of time; or (2) authorize the collection or retention of the content of any telephone call.
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113-hr-3876
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I 113th CONGRESS 2d Session H. R. 3876 IN THE HOUSE OF REPRESENTATIVES January 14, 2014 Mr. Al Green of Texas (for himself and Ms. Brown of Florida ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to carry out a grant program to provide burials for homeless veterans.
1. Short title This Act may be cited as the Burial with Dignity for Heroes Act of 2014 . 2. Department of Veterans Affairs grant program to provide burials for homeless veterans (a) Grant program Subchapter VII of chapter 20 of title 38, United States Code, is amended by adding at the end the following new section: 2067. Grant program to provide burials for homeless veterans (a) Establishment The Secretary shall carry out a program to make grants to eligible entities to provide for the cost of burials for homeless veterans who— (1) are eligible to be buried in national cemeteries under section 2402 of this title; and (2) the Secretary determines have no next-of-kin. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall submit to the Secretary an application containing such information and assurances as the Secretary determines appropriate. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item: 2067. Grant program to provide burials for homeless veterans. .
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113-hr-3877
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I 113th CONGRESS 2d Session H. R. 3877 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Mr. Reichert (for himself, Mr. Blumenauer , Mr. Lance , and Mr. Braley of Iowa ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for Medicare coverage of certain lymphedema compression treatment items as items of durable medical equipment.
1. Short title This Act may be cited as the Lymphedema Treatment Act . 2. Findings Congress makes the following findings: (1) Lymphedema is a chronic disease that results in an accumulation of protein-rich lymph fluid in parts of the body where lymph nodes or lymphatic vessels are damaged or inadequate. (2) Lymphedema afflicts millions of Americans, including men, women, and children who can be born with a primary form of lymphedema. The majority of cases, however, are secondary forms of lymphedema most often caused by cancer treatments that damage the body’s lymph transport and immune functions. (3) A 2010 peer-reviewed study in the American Cancer Society’s Cancer journal stated lymphedema is a common post-treatment condition [and] has been described as one of the most significant survivorship issues . The study reported an overall cancer-related lymphedema incidence rate of 15.5 percent, with specific rates as follows: sarcoma 30 percent, breast 20 percent, gynecological 20 percent, melanoma 16 percent, genital-urinary 10 percent, and head and neck 4 percent. Risk increased 22 percent after pelvic lymph node removal and 31 percent after radiation therapy. (4) Lymphedema is progressive when left untreated or under-treated and can put patients at greater risk for serious infections or other costly complications. (5) Congress acknowledged the importance of comprehensive lymphedema treatment coverage with passage of the Women’s Health and Cancer Rights Act of 1998, which requires group health plans, insurance companies, and health maintenance organizations to cover breast cancer-related lymphedema treatment post mastectomy and reconstruction. (6) Medicare beneficiaries with lymphedema currently lack coverage for compression therapy, an essential component of care they must use to manage their chronic disease. As a result, many patients cannot maintain their condition and experience an unnecessary loss of health and of function in the activities of daily living. (7) This Medicare coverage gap should be closed to help provide improved health care for lymphedema patients and in turn decrease the incidence of costly complications, co-morbidities and related disabilities. 3. Medicare coverage of certain lymphedema compression treatment items as items of durable medical equipment (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (n), in the first sentence, by inserting before the semicolon the following: and includes lymphedema compression treatment items (as defined in subsection (iii)) ; and (2) by adding at the end the following new subsection: (iii) Lymphedema compression treatment items The term lymphedema compression treatment items — (1) means, with respect to an individual, compression garments, devices, bandaging systems, components, and supplies— (A) that are primarily and customarily used in the medical treatment of lymphedema; (B) as prescribed by a physician (or a physician assistant, nurse practitioner, or a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) to the extent authorized under State law); and (C) which would not, other than under subsection (s)(6), be included as medical and other health services under this title; and (2) includes— (A) multilayer compression bandaging systems; (B) custom or standard fit gradient compression garments; (C) non-elastic and low-elastic compression garments and compression wraps and directional flow pads; and (D) any other compression garments, bandaging systems, devices, and aids determined by the Secretary to be effective in the prevention or treatment of lymphedema. . (b) Effective date The amendment made by subsection (a) shall apply to lymphedema compression treatment items furnished on or after 180 days after the date of the enactment of this Act.
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113-hr-3878
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I 113th CONGRESS 2d Session H. R. 3878 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Mr. Jeffries (for himself, Mr. Meeks , Ms. Kuster , Mr. Honda , Ms. Chu , Mr. Rush , Mrs. Carolyn B. Maloney of New York , Mr. Pierluisi , Mr. Cárdenas , Mr. Pocan , Ms. Norton , and Mr. Kind ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the National Telecommunications and Information Administration to update a report on the role of telecommunications, including the Internet, on the commission of hate crimes.
1. Short title This Act may be cited as the Hate Crime Reporting Act of 2014 . 2. Report Section 155 of the National Telecommunications and Information Administration Organization Act is amended to read as follows: 155. Report on the role of telecommunications in hate crimes (a) Report required Not later than 1 year after the date of enactment of the Hate Crime Reporting Act of 2014 , the NTIA, with the assistance of the Department of Justice, the Commission, and the United States Commission on Civil Rights, shall submit a report to the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on the Judiciary of the Senate on the role of telecommunications in hate crimes in accordance with subsection (b). (b) Scope of report The report required by subsection (a) shall— (1) analyze information on the use of telecommunications, including the Internet, broadcast television and radio, cable television, public access television, commercial mobile services, and other electronic media, to advocate and encourage violent acts and the commission of crimes of hate, as described in the Hate Crime Statistics Act ( 28 U.S.C. 534 note); (2) include any recommendations, consistent with the First Amendment to the Constitution, that the NTIA determines are appropriate and necessary to address such use of telecommunications; and (3) update the previous report submitted under this section (as in effect before the date of enactment of the Hate Crime Reporting Act of 2014 ). .
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113-hr-3879
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I 113th CONGRESS 2d Session H. R. 3879 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Mrs. Kirkpatrick (for herself, Mr. Polis , Mr. Garcia , and Mr. Enyart ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To make permanent the Payments in Lieu of Taxes program.
1. Payments in lieu of taxes Section 6906 of title 31, United States Code, is amended by striking of fiscal years 2008 through 2013 and inserting fiscal year .
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113-hr-3880
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I 113th CONGRESS 2d Session H. R. 3880 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Mr. Carney (for himself, Ms. Hanabusa , and Mr. Connolly ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the expiration of certain provisions of the USA PATRIOT Act and the FISA Amendments Act of 2008 on December 31, 2014.
1. Short title This Act may be cited as the National Security Agency Data Collection Review Act of 2014 . 2. Sunset of certain provisions of the USA PATRIOT Act and the FISA Amendments Act of 2008 (a) USA PATRIOT Act Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 ; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended by striking June 1, 2015 and inserting December 31, 2014 . (b) FISA Amendments Act of 2008 (1) Sunset Section 403(b) of the FISA Amendments Act of 2008 ( Public Law 110–261 ; 50 U.S.C. 1801 note) is amended— (A) in paragraph (1), by striking December 31, 2017 and inserting December 31, 2014 ; and (B) in paragraph (2) in the material preceding subparagraph (A), by striking December 31, 2017 and inserting December 31, 2014 . (2) Conforming Amendment The heading of section 404(b)(1) of the FISA Amendments Act of 2008 ( Public Law 110–261 ; 50 U.S.C. 1801 note) is amended by striking December 31, 2017 and inserting December 31, 2014 .
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113-hr-3881
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I 113th CONGRESS 2d Session H. R. 3881 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Mr. Carney (for himself, Ms. Hanabusa , and Mr. Connolly ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Foreign Intelligence Surveillance Act of 1978 to provide for more transparency of the programs carried out under that Act.
1. Short title This Act may be cited as the Expansion of National Security Agency Oversight Act . 2. Inclusion of additional committees in certain reports under the Foreign Intelligence Surveillance Act of 1978 (a) Physical searches (1) Definitions Section 301 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1821 ) is amended— (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and (B) by inserting after paragraph (1) the following new paragraph: (2) Appropriate congressional committees means— (A) the Permanent Select Committee on Intelligence, the Committee on the Judiciary, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; and (B) the Select Committee on Intelligence, the Committee on the Judiciary, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate. . (2) Reports Section 306 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1826 ) is amended by striking the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate, and inserting the appropriate congressional committees . (b) Pen register and trap and trace devices (1) Definitions Section 401 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 ) is amended by adding at the end the following new paragraph: (4) The term appropriate congressional committees has the meaning given the term in section 301. . (2) Reports Section 406 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1846 ) is amended— (A) in subsection (a), by striking the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, and inserting the appropriate congressional committees ; and (B) in subsection (b), by striking the committees referred to in subsection (a) and to the Committees on the Judiciary of the House of Representatives and the Senate and inserting the appropriate congressional committees . (c) Access to certain business records Section 502 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1862 ) is amended— (1) in subsection (a), by striking the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and inserting the appropriate congressional committees ; (2) in subsection (b), by striking the House and Senate Committees on the Judiciary and the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence and inserting the appropriate congressional committees ; and (3) by adding at the end the following new subsection: (d) In this section, the term appropriate congressional committees has the meaning given the term in section 301. . (d) General oversight Section 601 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1871 ) is amended— (1) in subsection (a), by striking the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate and inserting the appropriate congressional committees ; (2) in subsection (c), by striking the committees of Congress referred to in subsection (a) and inserting the appropriate congressional committees ; (3) in subsection (d), by striking the committees of Congress referred to in subsection (a) and inserting the appropriate congressional committees ; and (4) in subsection (e)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (B) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) Appropriate congressional committees The term appropriate congressional committees has the meaning given the term in section 301. . (e) Additional procedures regarding certain persons outside the United States (1) Definitions Section 701(b) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881(b) ) is amended— (A) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; and (B) by inserting before paragraph (2) the following new paragraph: (1) Appropriate congressional committees The term appropriate congressional committees has the meaning given the term in section 301. . (2) Reports Section 707(a) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881f(a) ) is amended by striking the congressional intelligence committees and the Committees on the Judiciary of the Senate and the House of Representatives and inserting the appropriate congressional committees .
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113-hr-3882
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I 113th CONGRESS 2d Session H. R. 3882 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Mr. Carney introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Comptroller General to produce annual reports on programs under the Foreign Intelligence Surveillance Act of 1978.
1. Short title This Act may be cited as the National Security Agency Accountability Act . 2. Annual report by the Comptroller General on programs under the Foreign Intelligence Surveillance Act of 1978 (a) Report Title VI of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1871 et seq. ) is amended by adding at the end the following new section: 602. Annual report by the Comptroller General (a) Report The Comptroller General of the United States shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report on the effectiveness of the programs and activities carried out under this Act. (b) Contents Each report under subsection (a) shall include— (1) an analysis of the restrictions placed on access to information obtained under this Act; (2) the number of incidents of non-compliance with this Act or any rule, regulation, policy, or procedure to carry out this Act; (3) a description of actions taken in response to incidents of non-compliance described in paragraph (2); (4) a description of the minimization procedures used to carry out each provision of this Act; (5) a description of how such minimization procedures are verified to be in use and effective; (6) the number of applications made under each appropriate provision of this Act, the number of such applications approved by a court, and the number of times such applications resulted in an oral argument before the court; (7) the number of times employees of or contractors to the National Security Agency search information acquired under this Act; and (8) any other information the Comptroller General considers appropriate. (c) Public disclosure At the time of submission of each report required under subsection (a), the Comptroller General shall make publicly available an unclassified summary of such report. . (b) Table of contents amendment The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 is amended by inserting after the item relating to section 601 the following new item: Sec. 602. Annual report by the Comptroller General. .
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113-hr-3883
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I 113th CONGRESS 2d Session H. R. 3883 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Mr. Grayson introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) , and in addition to the Committees on the Judiciary , Oversight and Government Reform , Armed Services , Foreign Affairs , and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the President to implement the recommendations of the President’s Review Group on Intelligence and Communications Technologies.
1. Short title This Act may be cited as the Big Brother Is Not Watching You Act . 2. Required implementation of recommendations (a) Required action The President and all Executive Departments and Independent Agencies shall take all such actions, including all necessary rulemaking, needed to implement the 46 enumerated recommendations of the report entitled Liberty and Security in a Changing World issued on December 12, 2013, by the President’s Review Group on Intelligence and Communications Technologies. (b) Grant of authority The President, Executive Departments, and Independent Agencies are granted all statutory authority necessary and proper to implement the recommendations referred to in subsection (a). 3. Deadlines (a) Rulemaking All rulemaking originated pursuant to section 1 of this Act shall be concluded within one year of the enactment of this Act. (b) Executive orders All Executive orders necessary to accomplish the requirements of section 1 of this Act shall be issued within six months of the enactment of this Act.
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113-hr-3884
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I 113th CONGRESS 2d Session H. R. 3884 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Mr. Pascrell (for himself, Mr. Michaud , and Mr. Pallone ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 1311(a) of the Patient Protection and Affordable Care Act to provide for the recoupment and reallocation of unspent State grant funds, and for other purposes.
1. Short title This Act may be cited as the Ensuring Full Use of Federal Health Care Funding Act of 2014 . 2. Recoupment and reallocation of Federal section 1311 ACA grant funds Section 1311(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(a) ) is amended— (1) in paragraph (1), by inserting before the period at the end the following: and to make grants under paragraph (7) to qualified entities in a State from funds recouped under paragraph (6) from that State ; (2) in paragraph (2), by adding at the end the following: Not later than May 1, 2014, the Secretary shall determine the recoupment amount under paragraph (6) for each State and the amounts that will be made so available for grants under paragraph (7) for qualified entities in each State. ; (3) in paragraph (3), by adding at the end the following: A qualified entity awarded a grant under paragraph (7) shall use such grant for activities consistent with subparagraph (C) of such paragraph. ; and (4) by adding at the end the following new paragraphs: (6) Recoupment of unexpended funds (A) In general Subject to subparagraph (B), the Secretary shall recoup any funds awarded to a State under this subsection to the extent that such funds are not obligated by the State for expenditure before April 1, 2014. (B) Exception The Secretary may, in the Secretary’s discretion, decide not to recoup the funds of a State under subparagraph (A) if the State has submitted to the Secretary and the Secretary has approved, before March 31, 2014, a plan for spending such funds in accordance with this subsection in a timely manner. (7) Application of recouped funds for grants to other entities within a State (A) In general Insofar as the Secretary recoups funds under paragraph (6) from a State, the Secretary shall use all such funds to make grants, before the beginning of the open enrollment period for 2015, to qualified entities under subparagraph (B) to carry out activities in the State consistent with subparagraph (C). (B) Eligibility (i) In general To be eligible to receive a grant under this paragraph with respect to a State, an entity shall demonstrate to the Secretary that the entity— (I) has (or can readily and on a timely basis establish) relationships with employers and employees, consumers (including uninsured and underinsured consumers), or self-employed individuals in the State that are likely to be qualified to enroll in coverage options made available through an Exchange in the State; (II) is capable of carrying out the activities described in subparagraph (C) for which a grant is being granted; (III) meets the standards described in clause (iii); and (IV) provides information consistent with standards developed under clause (iv). (ii) Types of qualified entities Such an entity may be a trade, industry, and professional association, commercial fishing industry organization, ranching and farming organization, community and consumer-focused nonprofit group, chamber of commerce, union, resource partner of the Small Business Administration, and other licensed insurance agent or broker, and another entity, so long as it meets the requirements of clause (i). (iii) Entity standards The Secretary shall establish standards for qualified entities under this subparagraph relating to their qualification to engage in the outreach, education, and enrollment activities described in subparagraph (C) and to avoid conflicts of interest. Under such standards, a qualified entity shall not— (I) be a health insurance issuer; or (II) receive any consideration directly or indirectly from any health insurance issuer in connection with the enrollment of any qualified individuals or employees of a qualified employer in a qualified health plan. (iv) Fair and impartial information and services The Secretary shall develop standards to ensure that information made available by qualified entities under a grant under this paragraph is fair, accurate, and impartial. (C) Use of grants Grants under this paragraph may be used for any of the purposes or activities for which a grant to a State under this subsection may be used, including the following: (i) Non-navigator assistance personnel To build and fund operations of an in-person assistance personnel (IPA) program (also known as non-Navigator assistance personnel ). (ii) Outreach To coordinate with other health and human services organizations in the State to broaden outreach (such as Marketplace information on applications for other programs, websites, emails or through IPA call centers) to individuals eligible to enroll in qualified health plans through the Exchange operating in the State. (iii) Marketing To produce and disseminate marketing and campaign materials, including brochures, direct mail, print ads, social media and digital and online ads, and TV and radio buys, such materials subject to approval by the Secretary. .
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113-hr-3885
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I 113th CONGRESS 2d Session H. R. 3885 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Mr. Dent (for himself, Mr. Meadows , Mr. Ribble , Mr. Harris , and Mr. Kelly of Pennsylvania ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Transportation and Infrastructure , Energy and Commerce , and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for a 12-month extension for certain Emergency Unemployment Compensation, and for other purposes.
1. Short title This Act may be cited as the Generating Real Opportunities for Workers and Transitional Help Act or the GROWTH Act . 2. Extension of modified first-tier emergency unemployment compensation (a) Extension (1) In general Section 4007 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by adding at the end the following: (c) Special rule for first-Tier emergency unemployment compensation Nothing in this section shall prevent the commencement or continued payment of emergency unemployment compensation under this title to the extent that such compensation— (1) represents amounts established in an account under section 4002(b); and (2) is payable for a week ending on or before January 1, 2015. . (2) Modification Section 4002(b) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by inserting after paragraph (3) the following: (4) Special rule relating to amounts payable for a week ending after January 1, 2014 Notwithstanding any provision of paragraph (1) or (2), for purposes of determining whether an amount is payable, out of amounts established in an account under this subsection, for a week ending after January 1, 2014— (A) paragraph (1)(A) shall be applied by substituting 54 percent for 80 percent ; (B) paragraph (1)(B) shall be applied by substituting 14 weeks for 20 weeks ; and (C) any amount established in an account under paragraph (1) or (2), which becomes nonpayable by reason of this paragraph, shall be treated in the same way as if it had never been established in such account. . (b) Funding Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended— (1) in subparagraph (I), by striking and at the end; (2) in subparagraph (J), by inserting and at the end; and (3) by inserting after subparagraph (J) the following: (K) the amendment made by section 2(a) of the Generating Real Opportunities for Workers and Transitional Help Act ; . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 3. Flexibility for unemployment program agreements (a) Flexibility (1) In general Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) shall not apply with respect to a State that has enacted a law before December 1, 2013, that, upon taking effect, would violate such subsection. (2) Effective date Paragraph (1) is effective with respect to weeks of unemployment beginning on or after December 29, 2013. (b) Permitting a subsequent agreement Nothing in title IV of such Act shall preclude a State whose agreement under such title was terminated from entering into a subsequent agreement under such title on or after the date of the enactment of this Act if the State, taking into account the application of subsection (a), would otherwise meet the requirements for an agreement under such title. 4. Authority to use any discretionary appropriations available to the Secretary of Labor to conduct in-person reemployment and unemployment insurance eligibility assessments for unemployment insurance beneficiaries (a) Authority Notwithstanding any other provision of law, the Secretary of Labor may, for fiscal years 2014 through 2023, use any discretionary appropriations available to the Secretary to conduct in-person reemployment and unemployment insurance eligibility assessments for unemployment insurance beneficiaries. (b) Limitation Amounts used in a fiscal year pursuant to the authority under subsection (a) may not exceed the following: (1) $20,000,000 for fiscal year 2014. (2) $25,000,000 for fiscal year 2015. (3) $30,000,000 for fiscal year 2016. (4) $35,000,000 for fiscal year 2017. (5) $36,000,000 for fiscal year 2018. (6) $37,000,000 for fiscal year 2019. (7) $38,000,000 for fiscal year 2020. (8) $39,000,000 for fiscal year 2021. (9) $40,000,000 for fiscal year 2022. (10) $41,000,000 for fiscal year 2023. 5. Repeal of medical device excise tax (a) In general Chapter 32 of the Internal Revenue Code of 1986 is amended by striking subchapter E. (b) Conforming amendments (1) Subsection (a) of section 4221 of such Code is amended by striking the last sentence. (2) Paragraph (2) of section 6416(b) of such Code is amended by striking the last sentence. (3) The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E. (c) Effective date The amendments made by this section shall apply to sales after the date of the enactment of this Act. 6. Keystone XL permit approval Notwithstanding Executive Order No. 13337 ( 3 U.S.C. 301 note), Executive Order No. 11423 ( 3 U.S.C. 301 note), section 301 of title 3, United States Code, and any other Executive order or provision of law, no Presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P., to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. The final environmental impact statement issued by the Secretary of State on August 26, 2011, coupled with the Final Evaluation Report described in the previous sentence, shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and of the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ). 7. Repeal of 30-hour threshold for classification as full-time employee for purposes of the employer mandate in the Patient Protection and Affordable Care Act and replacement with 40 hours (a) Full-Time equivalents Paragraph (2) of section 4980H(c) of the Internal Revenue Code of 1986 is amended— (1) by repealing subparagraph (E), and (2) by inserting after subparagraph (D) the following new subparagraph: (E) Full-time equivalents treated as full-time employees Solely for purposes of determining whether an employer is an applicable large employer under this paragraph, an employer shall, in addition to the number of full-time employees for any month otherwise determined, include for such month a number of full-time employees determined by dividing the aggregate number of hours of service of employees who are not full-time employees for the month by 174. . (b) Full-Time employees Paragraph (4) of section 4980H(c) of the Internal Revenue Code of 1986 is amended— (1) by repealing subparagraph (A), and (2) by inserting before subparagraph (B) the following new subparagraph: (A) In general The term full-time employee means, with respect to any month, an employee who is employed on average at least 40 hours of service per week. . (c) Effective date The amendments made by this section shall take effect as if included in the amendments made by section 1513 of the Patient Protection and Affordable Care Act. 8. Disqualification on receipt of disability insurance benefits in a month for which unemployment compensation is received (a) In general Section 223(d)(4) of the Social Security Act ( 42 U.S.C. 423(d)(4) ) is amended by adding at the end the following: (C) (i) If for any month an individual is entitled to unemployment compensation, such individual shall be deemed to have engaged in substantial gainful activity for such month. (ii) For purposes of clause (i), the term unemployment compensation means— (I) regular compensation , extended compensation , and additional compensation (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act ( 26 U.S.C. 3304 note)); and (II) trade adjustment assistance under title II of the Trade Act of 1974 ( 19 U.S.C. 2251 et seq. ). . (b) Trial work period Section 222(c) of the Social Security Act ( 42 U.S.C. 422(c) ) is amended by adding at the end the following: (6) (A) For purposes of this subsection, an individual shall be deemed to have rendered services in a month if the individual is entitled to unemployment compensation for such month. (B) For purposes of subparagraph (A), the term unemployment compensation means— (i) regular compensation , extended compensation , and additional compensation (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act ( 26 U.S.C. 3304 note)); and (ii) trade adjustment assistance under title II of the Trade Act of 1974 ( 19 U.S.C. 2251 et seq. ). . (c) Data matching The Commissioner of Social Security shall implement the amendments made by this section using appropriate electronic data. (d) Effective date The amendments made by this section shall apply with respect to months beginning after the date of the enactment of this Act. 9. Social Security number required to claim the refundable portion of the child tax credit (a) In general Subsection (d) of section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (5) Identification requirement with respect to taxpayer (A) In general Paragraph (1) shall not apply to any taxpayer for any taxable year unless the taxpayer includes the taxpayer’s Social Security number on the return of tax for such taxable year. (B) Joint returns In the case of a joint return, the requirement of subparagraph (A) shall be treated as met if the Social Security number of either spouse is included on such return. . (b) Omission treated as mathematical or clerical error Subparagraph (I) of section 6213(g)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (I) an omission of a correct Social Security number required under section 24(d)(5) (relating to refundable portion of child tax credit), or a correct TIN under section 24(e) (relating to child tax credit), to be included on a return, . (c) Conforming amendment Subsection (e) of section 24 of the Internal Revenue Code of 1986 is amended by inserting With Respect to Qualifying Children after Identification Requirement in the heading thereof. (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
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113-hr-3886
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I 113th CONGRESS 2d Session H. R. 3886 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Mr. DeFazio introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committees on Natural Resources and the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Secure Rural Schools and Community Self-Determination Act of 2000 to exempt payments made to States and counties under such Act from any reduction pursuant to a sequestration order and to reimburse those States and counties that returned a portion of their January 2013 payment because of sequestration, and for other purposes.
1. Exemption of payments to States and counties under the Secure Rural Schools and Community Self-Determination Act of 2000 from sequestration orders (a) Exemption Section 403 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7153 ) is amended by adding at the end the following new subsection: (c) Exemption from sequestration Notwithstanding any other provision of law, any Presidential sequestration order issued after the date of the enactment of this subsection under part C of title II of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ) shall provide that no reduction is made with respect to funds made available under section 402 or derived from the other funding sources authorized by section 102(b)(3) for the purpose of making the payments to States and counties required by section 102. . (b) Reimbursement of previously sequestered payments or forgiveness of repayment requirement (1) Reimbursement required Using the payment sources authorized by subsection (b)(3) of section 102 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7112 ), the Secretary of the Treasury shall reimburse each State or county that, in response to a Presidential sequestration order issued during fiscal year 2013, repaid some of the payment received by the State or county during such fiscal year under such section 102 either by— (A) returning to the Secretary a portion of the payment; (B) having funds deducted from other amounts due the State or county under such Act; or (C) providing some combination of returning and deducting funds. (2) Reimbursement amount The amount to be reimbursed to a State or county under paragraph (1) shall be equal to the amount repaid by the State or county as provided in such paragraph. (3) Forgiveness In the case of any State or county that did not repay, before the date of the enactment of this Act, the required portion of the payment received by the State or county during fiscal year 2013 under section 102 of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7112 ) despite the Presidential sequestration order, the Secretary of the Treasury shall waive the repayment requirement.
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113-hr-3887
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I 113th CONGRESS 2d Session H. R. 3887 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Mr. Rothfus (for himself, Mr. Salmon , and Mr. DeSantis ) introduced the following bill; which was referred to the Committee on House Administration A BILL To hold the salaries of Members of a House of Congress in escrow if the House of Congress does not agree to a budget resolution or pass regular appropriation bills on a timely basis during a Congress, and for other purposes.
1. Short title This Act may be cited as the Congressional Pay for Performance Act of 2014 . 2. Holding salaries of members of congress in escrow upon failure to agree to budget resolution (a) Holding Salaries in Escrow If by April 15 of any calendar year (beginning with 2015), a House of Congress has not agreed to a concurrent resolution on the budget pursuant to section 301 of the Congressional Budget Act of 1974 for the fiscal year which begins on October 1 of that calendar year, during the period described in subsection (b) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (b) Period described With respect to a House of Congress and a calendar year, the period described in this paragraph is the period which begins on April 16 of the calendar year and ends on the earlier of— (1) the day on which the House of Congress agrees to a concurrent resolution on the budget for the fiscal year which begins on October 1 of that calendar year; or (2) the last day of the Congress during which that calendar year occurs. 3. Holding salaries of Members of Congress in escrow upon failure to pass regular appropriation bills (a) Holding Salaries in Escrow If by July 31 of any calendar year (beginning with 2014), a House of Congress has not passed each of the regular appropriation bills for the fiscal year which begins on October 1 of that calendar year, during the period described in subsection (b) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (b) Period Described With respect to a House of Congress and a calendar year, the period described in this paragraph is the period which begins on August 1 of the calendar year and ends on the earlier of— (1) the first day by which the House of Congress has passed each of the regular appropriation bills for the fiscal year which begins on October 1 of that calendar year; or (2) the last day of the Congress during which that calendar year occurs. (c) Regular Appropriation Bill Defined The term regular appropriation bill means any annual appropriation bill which, with respect to the Congress involved, is under the jurisdiction of a single subcommittee of the Committee on Appropriations of the House of Representatives (pursuant to the Rules of the House of Representatives for that Congress) and a single subcommittee of the Committee on Appropriations of the Senate (pursuant to the Standing Rules of the Senate). 4. Administration of escrow (a) Withholding and Remittance of Amounts From Payments Held in Escrow The payroll administrator shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under section 2 or section 3 that would apply to the payment if the payment were not subject to such section. (b) Role of Secretary of the Treasury The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this Act. 5. Release of amounts at end of a Congress In order to ensure that this Act is carried out in a manner consistent with the twenty-seventh article of amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this Act on the last day of the Congress during which the amounts were deposited in such account. 6. Definitions In this Act— (1) the term Member includes a Delegate or Resident Commissioner to the Congress; and (2) the payroll administrator of a House of Congress means— (A) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this Act; and (B) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this Act.
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113-hr-3888
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I 113th CONGRESS 2d Session H. R. 3888 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Ms. Jackson Lee (for herself, Mr. Cohen , Ms. Lee of California , Mr. Castro of Texas , Mr. Hinojosa , Mr. Carson of Indiana , Mr. Danny K. Davis of Illinois , Mr. Kildee , Mr. Larson of Connecticut , and Ms. Frankel of Florida ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the Secretary of Labor to make grants to States, units of local government, and Indian tribes to carry out employment training programs to assist long-term unemployed job hunters obtain the skills and training to reenter the workforce and fill jobs in high-growth sectors of the economy.
1. Short title This Act may be cited as the New Chance for a New Start in Life Act of 2014 . 2. Findings Congress finds that— (1) according to the Bureau of Labor Statistics, in December 2013, the number of long-term unemployed job hunters, persons jobless for 27 weeks or more, exceeded 3.9 million, which constitutes approximately 37.7 percent of the unemployed, among the highest rates in recent history; (2) the Bureau of Labor Statistics also estimates that the health care and social assistance sectors will account for almost a third of the projected job growth from 2012 to 2022 and that employment in the construction sector is expected to see a large increase, while still not reaching levels the Great Recession of 2007, and that manufacturing is projected to experience a slight decline in employment over the projection period; and (3) reducing the number of persons in long-term unemployed status by providing training opportunities to obtain the skills needed to fill the jobs in the employment sectors predicted to experience the greatest rates of growth is an important national goal. 3. Compensated employment training grants (a) Authorization Subject to the availability of appropriations for such funds, the Secretary of Labor shall make grants to States, units of local government, and Indian tribes to carry out the activities described in subsection (b). Grants under this section may be made on such terms and conditions as the Secretary may determine. (b) Use of funds A recipient of a grant under this Act shall use the grant for the following purposes: (1) To create compensated training programs that offer training to assist long-term unemployed persons obtain the skills and training to reenter the workforce and fill jobs in sectors of the economy projected by the Bureau of Labor Statistics to have the highest rates of demand during the period 2012–2022. (2) To provide compensation to participants in training programs to temporarily aid in their financial distress. (3) To partner with cities and non-profit organizations to provide apprenticeships and internships. (4) To provide training and employment opportunities for veterans. (5) To partner with historically Black colleges and universities and Hispanic serving colleges and universities along with local community college systems to create innovative retraining programs for minorities focused on retooling workers for jobs in the growth sectors of healthcare, biotech, and information technology. (6) To provide access to public healthcare programs for participants. (7) To create training programs for ex-offenders in an effort to reduce recidivism. (8) To aid newly trained participants in securing employment within the field of their newly acquired expertise. (c) Conditions As a condition of receiving a grant under this Act, a grant recipient shall— (1) comply with nondiscrimination standards of the Civil Rights Act of 1964; (2) allocate not less than 80 percent of the funding allocated under the grant to wages, benefits, and support activities, including child care services to individuals receiving compensated training under such a grant; and (3) institute a program to aid newly trained participants in securing employment in their new area of expertise. (d) Ineligibility of for-Profit educational institutions A State, unit of local government, or Indian tribe receiving a grant under this Act may not partner with nor provide any grant funds to a for-profit educational institution for the provision of any of the programs or services described in subsection (b). (e) No effect on receipt of unemployment compensation An individual may participate in any program or receive any services funded by a grant under this Act, including the receipt of compensation described in subsection (b)(2) notwithstanding the fact that such individual is receiving unemployment compensation. An individual’s participation or receipt of services or compensation funded by a grant under this Act shall not be a cause for any reduction of the amount of unemployment compensation that such individual is otherwise entitled to. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3888ih/xml/BILLS-113hr3888ih.xml
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113-hr-3889
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I 113th CONGRESS 2d Session H. R. 3889 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Mr. Crowley (for himself and Mr. Chabot ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To place conditions on assistance to the Government of Burma.
1. Short title This Act may be cited as the Burma Human Rights and Democracy Act of 2014 . 2. Assistance for the Government of Burma (a) Limitation (1) In general Except as provided in paragraph (2), no funds authorized to be appropriated or otherwise made available for fiscal year 2014 for the Department of Defense may be made available for assistance to the Government of Burma unless the Secretary of State certifies to the appropriate congressional committees that— (A) the Government of Burma has taken concrete steps toward— (i) establishing civilian oversight of the armed forces; (ii) addressing human rights abuses by the Burmese military, including publicly acknowledging that human rights abuses have been and continue to be committed by the Burmese military, and committing to a zero tolerance policy against such human rights abuses; and (iii) terminating military relations with North Korea; (B) the Government of Burma has taken concrete steps to establish a fair, transparent and inclusive process to amend the Constitution of Burma, including the full participation of the political opposition and all ethnic minority groups, and the constitutional reform process will provide the basis for free, fair, and competitive elections in Burma; (C) the Government of Burma has amended its constitution and laws to ensure civilian control of the military and implemented reforms to increase the transparency and accountability of the military’s budget and operations, and the Burmese military has taken substantial and meaningful steps to divest itself from ownership of commercial businesses; (D) the Government of Burma is showing meaningful and well-documented efforts to promote peace agreements or political reconciliation and equal and fair treatment of all ethnic groups in conflict areas or areas of unrest, and to actively address the resettlement and humanitarian situation of displaced persons; and (E) the Burmese military is— (i) improving its human rights record, as measured by consistent decreases in reports of forced labor, indefinite detention, torture, or cruel, inhumane, and degrading treatment of detainees, and use in armed conflict of indiscriminate or disproportionate methods and means of attack; (ii) demonstrating a genuine interest in reform by ceasing attacks against ethnic minority groups in both ceasefire and non-ceasefire areas; (iii) taking steps to withdraw forces from conflict zones, including by halting the use of soldiers in economic development projects; (iv) adhering to the conditions of ceasefire agreements; and (v) signing and implementing a code of conduct. (2) Exception The restriction in paragraph (1) does not apply to consultation and basic training on human rights and disaster response for the Burmese military, including training for the Burmese military and civilian leadership on international law, civilian control of the military, and justice and accountability mechanisms both through the chain of command and civilian authority, except that such consultation and training shall occur in conjunction with engagement with ethnic armed groups and conducted in a manner that will not enhance the Burmese military’s capabilities against ethnic minorities. (b) Report (1) In general Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense, in concurrence with the Secretary of State, shall submit to the appropriate congressional committees a report on the strategy for, and plans and status of, military-to-military engagement between the United States Armed Forces and the Burmese military. (2) Elements The report required under paragraph (1) shall include the following elements: (A) A description and assessment of the Government of Burma’s strategy for security sector reform, an identification and comprehensive analysis of those reform elements that the United States Government should support, and a multi-year cost estimate for providing such support. (B) The United States strategy for the military-to-military relationship between the United States and Burma, including a description of how and why such engagements are necessary for United States national security. (C) An assessment of the human rights record of the Burmese military over the past decade, including— (i) an account of violations of human rights and laws of armed conflict by the Burmese military and all paramilitary and security forces under its command, including against ethnic minority groups; (ii) a description of efforts by the Burmese military to implement human rights reforms; and (iii) a description of the relationship between progress in the United States-Burma military-to-military relationship and such reforms. (D) An assessment of— (i) any substantial and meaningful steps taken by the Burmese military to implement reforms to increase transparency and accountability of the military’s budget and operations and to divest itself from ownership of commercial business; and (ii) the relationship between progress in the United States-Burma military-to-military relationship and such reforms. (E) A list of ongoing military-to-military activities conducted by the United States Government and other international donors, including a description of each such activity. (F) An update on activities that were listed in previous reporting. (G) A list of activities that are planned to occur over the upcoming year, with a written description of each. (H) A description of progress on the peaceful settlement of armed conflicts between the Government of Burma and ethnic minority groups, including the steps taken by the Burmese military to demonstrate respect for ceasefires, laws of armed conflict, and human rights provisions prohibiting rape, torture, forced labor, trafficking, and the use of child soldiers. (I) A description of the concrete steps the Government of Burma has taken— (i) to establish a fair, transparent, and inclusive process to amend the Constitution of Burma; (ii) to promote peace agreements or political reconciliation and equal and fair treatment of all ethnic groups in conflict areas or areas of unrest; and (iii) to actively address the resettlement and humanitarian situation of displaced persons. (J) An assessment of the status of the Burmese military’s cooperation with civilian authorities to investigate and resolve cases of human rights violations. (3) Form The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex as necessary. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the congressional defense committees and the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
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113-hr-3890
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I 113th CONGRESS 2d Session H. R. 3890 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Mr. Paulsen (for himself and Mr. Welch ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to establish a Medicare Better Care Program to provide integrated care for Medicare beneficiaries with chronic conditions, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Better Care, Lower Cost Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Medicare Better Care Program. Sec. 4. Chronic special needs plans. Sec. 5. Improvements to welcome to Medicare visit and annual wellness visits. Sec. 6. Chronic care innovation centers. Sec. 7. Curricula requirements for direct and indirect graduate medical education payments. 2. Findings Congress makes the following findings: (1) The field of medicine is ever-evolving and we need a highly skilled, team-oriented workforce that can meet the health care needs of today as well as the health care challenges of tomorrow. (2) The Medicare program should recognize the growing uses and benefits of health technology in delivering quality and cost-efficient care by encouraging the use of telemedicine and remote patient monitoring. 3. Medicare Better Care Program (a) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) is amended by adding at the end the following new section: 1899B. Medicare Better Care Program (a) Establishment (1) In general Not later than January 1, 2017, the Secretary shall establish an integrated chronic care delivery program (in this section referred to as the program ) that promotes accountability and better care management for chronically ill patient populations and coordinates items and services under parts A, B, and D, while encouraging investment in infrastructure and redesigned care processes that result in high quality and efficient service delivery for the most vulnerable and costly populations. The program shall— (A) focus on long-term cost containment and better overall health of the Medicare population by implementing through qualified BCPs (as described in paragraph (2)(A)) strategies that prevent, delay, or minimize the progression of illness or disability associated with chronic conditions; and (B) include the program elements described in paragraph (2). (2) Program elements The following program elements are described in this paragraph: (A) A health plan or group of providers of services and suppliers, or a health plan working with such a group, that the Secretary certifies in accordance with subsection (e) as meeting criteria developed by the Secretary to recognize the challenges of managing a chronically ill population, including patient satisfaction and engagement, quality measurement developed specifically for a chronically ill population, and effective use of resources and providers, may manage and coordinate care for BCP eligible individuals through an integrated care network, or Better Care Program (referred to in this section as a qualified BCP ). A group of providers of services and suppliers described in the preceding sentence may also be participating in another alternative payment model (as defined in subsection (k)). (B) Payments to a qualified BCP shall be made in accordance with subsection (g). (C) Implementation of the program shall focus on physical, behavioral, and psychosocial needs of BCP eligible individuals. (D) Quality and cost containment are considered interdependent goals of the program. (E) The calculation of long-term cost savings is dependent on qualified BCPs delivering the full continuum of covered primary, post-acute care, and social services using capitated financing. (3) Targeted participation (A) In general In certifying qualified BCPs throughout the country, the Secretary shall give priority to areas— (i) that do not have a concentration of accountable care organizations under section 1899; and (ii) with a high burden of chronic conditions. (B) Initial requirement In the first 5 years of the program, at least 50 percent of all new qualified BCPs certified nationwide by the Secretary shall be from counties or regions, as determined by the Secretary, where the prevalence of the most costly chronic conditions is at or greater than 125 percent of the national average. (C) Restricting the number of participating BCPs (i) In general The Secretary shall take into account geography, urban and rural designations, and the population case mix that will be served, when selecting BCPs for participation. (ii) Limitation during the first four program years During the first four years of the program, the total number of qualified BCPs certified by the Secretary shall not exceed 250. (iii) No limitation during fifth and subsequent program years During the fifth year and any subsequent year of the program, the Secretary may certify any BCP that meets the requirements to be certified as a qualified BCP. (4) Alignment with approved State plan waivers In certifying qualified BCPs, the Secretary shall ensure alignment with other approved waivers of State plans under title XIX. (b) Definition of BCP eligible individuals (1) Definition For purposes of this section, the term BCP eligible individual means an individual who— (A) is entitled to benefits under part A and enrolled under parts B and D, including an individual who is enrolled in a Medicare Advantage plan under part C, an eligible organization under section 1876, or a PACE program under section 1894; and (B) is medically complex given the prevalence of chronic disease that actively and persistently affects their health status, and absent appropriate care interventions, causes them to be at enhanced risk for hospitalization, limitations on activities of daily living, or other significant health outcomes. (2) Dual eligible individuals An individual who is dually eligible for Medicare and Medicaid shall not be excluded from enrolling in a qualified BCP. Dually eligible beneficiaries enrolled in a qualified BCP will see the full scope of their benefits under this title and title XIX (other than long-term care) managed by the qualified BCP. (c) Notification and enrollment (1) Notification Not later than October 1 of each year, the Secretary shall use all available tools, including the notice mailed annually under section 1804(a) and State health insurance assistance programs, to notify BCP eligible individuals of qualified BCPs in their area for the upcoming plan year. Such information shall also be easily accessible on the Internet website of the Centers for Medicare & Medicaid Services. (2) Enrollment The Secretary shall establish procedures under which BCP eligible individuals may voluntarily enroll in a qualified BCP at the following times: (A) During the annual, coordinated election period under section 1851(e)(3)(B). (B) During or following (for a length of time determined by the Secretary)— (i) an initial preventive physical examination (as defined in section 1861(ww)); or (ii) any subsequent visit where a chronic condition is identified or a previous condition is identified as having escalated to the level of a chronic condition. (d) Patient assessment (1) Standardized functional and health risk assessment (A) Minimum guidelines Not later than January 1, 2016, the Secretary shall publish minimum guidelines for qualified BCPs to furnish to enrollees a health information technology-compatible, standardized, and multidimensional risk assessment that— (i) assesses and quantifies the medical, psychosocial, and functional status of an enrollee; and (ii) includes a mechanism to determine the level of patient activation and ability to engage in self-care of an enrollee. (B) Updating Not less frequently than once every 3 years, the Secretary shall, through rulemaking, update such minimum guidelines to reflect new clinical standards and practices, as appropriate. (2) Individual patient-centered chronic care plan (A) Model plan Not later than January 1, 2016, the Secretary shall publish minimum guidelines for qualified BCPs to develop individual patient-centered chronic care plans for enrollees. Such a plan shall— (i) allow health professionals to incorporate the medical, psychosocial, and functional components identified in the risk assessment described in paragraph (1)(A)(i); (ii) provide a framework that can be easily integrated into electronic health records, allowing clinicians to make timely, accurate, evidence-based decisions at the point of care; and (iii) allow for the provider to describe how services will be provided to the enrollee. (B) Use of technology for patient self care (i) In general Whenever appropriate, the individual patient-centered chronic care plan of an enrollee shall include the use of technologies that enhance communication between patients, providers, and communities of care, such as telehealth, remote patient monitoring, Smartphone applications, and other such enabling technologies, that promote patient engagement and self care while maintaining patient safety. (ii) Coordination and development of streamlined pathway The Secretary shall work with the Office of the National Coordinator for Health Information Technology and the Department of Health and Human Services Chief Technology Officer to develop a streamlined pathway for the use of mobile applications and communications devices that effectively enhance the experience of the patient while maintaining patient safety and cost-effectiveness. Such pathway shall not duplicate existing efforts. (e) Qualified BCP providers (1) Criteria (A) In general Any health plan, provider of services, or group of providers of services and suppliers, who agrees to meet the requirements described in paragraph (2) and is specified in subparagraph (C) may form a multidisciplinary team of health professionals to be certified as a qualified BCP. Those providers may also choose to partner with a qualified insurer to become a qualified BCP. (B) No preemption of state licensure laws Nothing in this section shall preempt State licensure laws. (C) Groups of providers and suppliers specified (i) In general As determined appropriate by the Secretary, the following health plans, providers of services, or groups of providers of services and suppliers, that meet the criteria described in clause (ii) may be certified as qualified BCPs under the program: (I) Health professionals acting as part of a multidisciplinary team. (II) Networks of individual practices of health professionals that may include community health centers, Federally qualified health centers, rural health clinics, and partnerships or affiliations with hospitals. (III) Health plans that meet appropriate network adequacy standards, as determined by the Secretary, and that include providers with experience and interest in managing a population with chronic conditions. (IV) Independent health professionals partnering with an independent risk manager. (V) Such other groups of providers of services or suppliers as the Secretary determines appropriate. (ii) Criteria described The following criteria are described in this clause: (I) Demonstrated capacity to manage the full continuum of care (other than long-term care) for the specialized population of BCP eligible individuals. (II) Having a high rate of Medicare customer satisfaction, when applicable, or partnering with providers of services or suppliers with such a demonstrated high satisfaction rate. (2) Requirements A qualified BCP shall meet the following requirements: (A) The qualified BCP shall be accountable for the quality, cost, and overall care of enrolled BCP eligible individuals and agree to be at financial risk for that enrolled population. A qualified BCP shall be established with the objective of serving BCP eligible individuals. (B) The qualified BCP shall be responsible for the full continuum of care (other than long-term care) for enrollees. This continuum shall include medical care, skilled nursing and home health services, behavioral health care, and social services. The qualified BCP may not actively restrict an enrollee's access to providers based on a practitioner’s license or medical specialty based on cost alone. (C) The qualified BCP shall primarily consist of a care team tasked with responding to, treating, and actively supporting the needs of BCP eligible individuals. The care team shall also develop a care plan for each eligible BCP enrollee and use it as a tool to execute effective care management and transitions. (D) The qualified BCP shall include physicians, nurse practitioners, registered nurses, social workers, pharmacists, and behavioral health providers who commit to caring for BCP eligible individuals. (E) The qualified BCP shall enter into an agreement with the Secretary to participate in the program under this section for not less than a 3-year period. (F) The qualified BCP shall include adequate numbers of primary care and other relevant professionals that can effectively care for the number of BCP eligible individuals enrolled in the qualified BCP. (G) The qualified BCP shall provide the Secretary with such information regarding qualified BCP professionals participating in the qualified BCP necessary to support the enrollment of BCP eligible individuals in a qualified BCP, including evidence relating to high patient satisfaction when available, the implementation of quality reporting and other reporting requirements, and evidence to support a determination of capitated payments in accordance with subsection (g). (H) The qualified BCP shall have in place a structure that includes clinical and administrative systems, including health information technology, that supports the integration of services and providers across sites of care. (I) The qualified BCP may develop a collaborative partnership that supports the mission of the BCP with each of the following: (i) A regional or national Chronic Care Innovation Center under section 6 of the Better Care, Lower Cost Act . (ii) A regional or national Center of Innovation (COIN) of the Department of Veterans Affairs Health Services Research and Development Service to identify and implement best practices— (I) to increase access to, and implementation of, prevention and wellness tools; (II) to integrate physical and behavior health care with social services; (III) to promote evidence-based medicine and patient engagement; (IV) to coordinate care across providers and care settings; (V) to allow more patients to be cared for in their homes and communities; (VI) to reduce hospital readmissions; (VII) to improve health outcomes for patients with chronic conditions; and (VIII) to report on quality improvement and cost measures. (iii) A regional or national Telehealth Resource Center of the Health Resources and Services Administration (HRSA) Office for the Advancement of Telehealth to create an interactive, online resource for qualified BCP professionals who may need additional training or assistance in managing the needs of a complex patient population, including— (I) continuing training and education and mentoring for qualified BCP professionals at any level of licensure; (II) clinician support for complex patients by an expert panel; (III) remote access to regional, national, and international experts in the field; (IV) forums for best practices to be discussed among qualified BCP professionals; (V) inter-professional education supporting optimal communication between members of a chronic care team; and (VI) continuing training on the use of telehealth, remote patient monitoring, and other such enabling technologies. (J) The qualified BCP shall demonstrate to the Secretary that it meets person-centeredness criteria specified by the Secretary in collaboration with accreditation organizations, including the use of patient and caregiver assessments and the use of individual patient-centered chronic care plans for each enrollee (as described in subsection (d)(2)). (K) The qualified BCP may identify and respond to unique cultural, social, and economic needs of a community that impact access to, and quality of, healthcare. (L) The qualified BCP shall provide care across settings, including in the home as needed. (M) The qualified BCP shall demonstrate financial solvency (as determined by the Secretary). (N) The qualified BCP shall demonstrate the ability to partner with providers of social and behavioral health services within the community. (O) The qualified BCP shall engage in continuing education on chronic care, on an ongoing basis (as determined necessary by the Chronic Care Innovation Center under the partnership under subparagraph (J)(i)), in collaboration with the Agency for Healthcare Research and Quality, the Health Resources and Services Administration, and the Department of Veterans Affairs. (f) Implementing value-Based insurance design (1) In general (A) Election A qualified BCP may elect to provide value-based Medicare coverage in accordance with this subsection. (B) Inclusion of original Medicare fee-for-service program benefits Subject to subparagraph (C), enrollees in a qualified BCP that elects to provide value-based Medicare coverage under this subsection shall receive such coverage that includes items and services for which benefits are available under parts A and B to individuals entitled to benefits under part A and enrolled under part B, with cost-sharing for those items and services as described in subparagraph (C). (C) Cost-sharing Cost-sharing described in this subparagraph, with respect to an enrollee in a qualified BCP that makes such an election, is varied cost-sharing approved by the Secretary to incentivize the use of high-value, high-quality services that have been clinically proven to benefit BCP eligible individuals. (D) Changes in coverage The Secretary, in consultation with experts in the field, shall establish a process for qualified BCPs to submit value-based Medicare coverage changes that encourage and incentivize the use of evidence-based practices that will drive better outcomes while ensuring patient protections and access are maintained. (E) No requirement for coverage of long-term care services In no case shall a qualified BCP be required to provide to enrollees coverage for long-term care services. (2) Qualified BCP participation (A) Continued access Subject to subparagraph (B), enrollees in a qualified BCP shall continue to have access to all providers of services and suppliers under this title. (B) No application of varied cost-sharing for nonparticipating providers of services and suppliers (i) In general The varied cost-sharing under paragraph (1)(B) shall only apply to items and services furnished by qualified BCP professionals of a qualified BCP that makes an election under paragraph (1). In the case where items and services are furnished by a provider of services or supplier who is not such a qualified BCP professional, the cost-sharing applicable for those items and services will be the cost-sharing as required under parts A and B, or an actuarially equivalent level of cost-sharing as determined by the Secretary. (ii) Notification A BCP eligible individual shall be notified and counseled prior to the time of enrollment on potential changes in out-of-pocket costs that may occur if care is provided by a provider of services or supplier that is not a qualified BCP professional. (3) Limitations on out-of-pocket expenses outside a qualified BCP (A) In general Out-of-pocket costs, including individual beneficiary copayments, with respect to items and services furnished by a provider of services or supplier who is not a qualified BCP professional shall not exceed what would otherwise have been paid with respect to the item or service under the original Medicare fee-for-service program under parts A and B for the same services or an actuarially equivalent level of cost-sharing as determined by the Secretary, or, in the case of a dual eligible individual, under the Medicaid program under title XIX. (B) Prohibition on coverage of cost-sharing for certain items and services furnished to an enrollee outside of a qualified BCP under Medigap policies For provisions relating to prohibition on coverage of cost-sharing for items and services (other than emergent services, as defined by the Secretary) furnished to an enrollee outside of a qualified BCP under Medigap policies, see section 1882(z). (4) Prescription drug coverage (A) Drug plan option (i) In general A health plan certified as a qualified BCP may provide enrollees with a drug plan option specifically designed to reflect the medication needs of enrollees. (ii) Application of part D provisions (I) In general Except as otherwise provided in this section, the provisions of part D shall apply to a drug plan option offered by a qualified BCP under clause (i) in the same manner as such provisions apply to a prescription drug plan offered by a PDP sponsor under such part. (II) Limitation of enrollment A qualified BCP offering such a drug plan option may limit enrollment in the drug plan option to enrollees in the qualified BCP. (III) Waiver The Secretary may waive such provisions of part D as are necessary to carry out this section. (B) Agreement with prescription drug plans A qualified BCP managed by a group of providers of services may enter into an agreement with a PDP sponsor of a prescription drug plan under part D to establish and encourage individuals enrolled in the qualified BCP to enroll in a prescription drug plan under such part that is better suited to the needs of chronically ill individuals. (C) Limitation A drug plan option offered by a qualified BCP under subparagraph (A)(i) shall not have the authority to increase out-of-pocket limits otherwise applicable under part D. (g) Payments and treatment of savings (1) Payments to qualified BCPs on a capitated basis (A) In general In the case of a qualified BCP under this section, the Secretary shall make prospective monthly payments of a capitation amount for each BCP eligible individual enrolled in the qualified BCP in the same manner and from the same sources as payments are made to a Medicare Advantage organization under section 1853. Such payments shall be subject to adjustment in the manner described in section 1853(a)(2) or section 1876(a)(1)(E), as the case may be. (B) Capitation amount The capitation amount to be applied under this paragraph for a qualified BCP for each enrollee for a year shall be 1/12 of the benchmark rate under subparagraph (C)(ii) for the year (or the relevant rate under subparagraph (C)(i) for the first year of the program under this section) (referred to in this paragraph as the per member per month payment ), as adjusted under clause (iii). (C) Determining the Rate Using Risk Relevant Control Group (i) Relevant Rate (I) Identification of beneficiary grouping Using claims data, the Secretary shall identify a group of beneficiaries who have similar health risk characteristics, and have sought care in the same county, multi-county, or State level (as determined appropriate by the Secretary to establish a payment area) to the population the qualified BCP is tasked with serving. To the extent feasible for a statistically valid control group, the health risk of such group shall reflect social characteristics, such as income, as well as medical risk. (II) Determination of relevant rate The per capita spending amounts under this title and, as appropriate, title XIX, of the group of beneficiaries identified under subclause (I) shall determine the relevant rate that will serve as the basis of the benchmark for participating qualified BCPs. (ii) Benchmark Rate The Secretary shall establish the benchmark rate for a qualified BCP service area for each year of the program by updating the relevant rate determined under clause (i) with the projected change in per capita spending for the group of beneficiaries identified under clause (i)(I) for the payment area described in such clause, as determined by the Chief Actuary of the Centers for Medicare & Medicaid Services. (iii) Adjustment for health status (I) Comparison of health status The Secretary shall establish a risk score mechanism to compare the health status of an enrollee in a qualified BCP to the average health risk of group of beneficiaries identified under clause (i)(I). (II) Inclusion of number of conditions The Secretary shall provide that a risk score under the mechanism under this clause, with respect to an individual, includes an indicator for the number of chronic conditions with which the individual has been diagnosed. (III) Use of 2 years of diagnosis data The Secretary shall ensure that such risk score, with respect to an individual reflects not less than 2 years of diagnosis data, to the extent available. (IV) Adjustment for health status The per member per month payment to the qualified BCP for each enrollee shall be adjusted depending on how the individual risk profile of the enrollee compares to the average health status of such group of beneficiaries. If an enrollee has a risk profile that is not as severe as the average health status of such group of beneficiaries, then the per member per month shall be decreased to reflect the healthier status of the enrollee. If an enrollee has a risk profile that is more severe, then the per member per month payment to the qualified BCP shall be increased to reflect the more acutely ill status of the enrollee. (D) Shared risk payments for certain qualified BCPs during first 3 years of the program (i) In general This subparagraph shall only apply to qualified BCPs offered by a group of providers of services and suppliers during the first 3 years of the program under this section. (ii) Sharing of risk to alleviate outliers The Secretary shall determine shared risk payments and recoupments under this subparagraph for a qualified BCP described in clause (i) as follows: (I) Determination of gain or loss The Secretary shall, for each of the first 3 years of the program under this section, determine the percentage of gain or loss for the qualified BCP in providing benefits to enrollees under this section. (II) Gain or loss greater than 5 percent If the Secretary determines the qualified BCP has a gain or loss for the year of greater than 5 percent, the qualified BCP shall bear 100 percent of the risk or reward of such loss or gain. (III) Gain or loss of not less than 2 and not greater than 5 percent If the Secretary determines the qualified BCP has a gain or loss for the year of not less than 2 percent but not greater than 5 percent— (aa) the qualified BCP shall bear 80 percent of the risk or reward, as applicable, of such loss or gain; and (bb) the Secretary shall bear 20 percent of the risk or reward, as applicable, of such loss or gain. (IV) Gain or loss between 0 and 2 percent If the Secretary determines the qualified BCP has a gain or loss for the year of greater than 0 percent but less than 2 percent— (aa) the qualified BCP shall bear 50 percent of the risk or reward, as applicable, of such loss or gain; and (bb) the Secretary shall bear 50 percent of the risk or reward, as applicable, of such loss or gain. (iii) Provision of information A qualified BCP shall provide to the Secretary such information as the Secretary determines is necessary to carry out this subparagraph. (E) Bid submission Beginning with the fourth year of the program, a qualified BCP shall submit a bid for participation in the program for the year that reflects the experience of the qualified BCP— (i) in managing the care of the enrolled population; and (ii) in managing such care given the relevant rate determined under subparagraph (C). (F) Quality Bonus system (i) In general The Secretary shall establish a quality bonus system whereby the Secretary distributes bonus payments to qualified BCPs that meet the requirements described in clause (iii) and other standards specified by the Secretary, which may include a focus on quality measurement and improvement, delivering patient-centered care, and practicing in integrated health systems, including training in community-based settings. In developing such standards, the Secretary shall collaborate with relevant stakeholders, including program accrediting bodies, certifying boards, training programs, health care organizations, health care purchasers, and patient and consumer groups. (ii) Determination of quality bonuses Quality bonuses to the BCP shall be based on a comparison of the quality of care provided by the qualified BCP to enrollees to the quality of care provided to beneficiaries not enrolled in a qualified BCP or a Medicare Advantage plan under part C in the same region. For not less than the first 5 years of the program under this section, quality measures for the geographic region shall be based on local standards of care, and not on a national standard. For subsequent years, appropriate national standards shall be considered for inclusion in the comparison of the quality of care under this subparagraph. (iii) Requirements A qualified BCP is eligible for quality bonuses under this subparagraph if— (I) the qualified BCP meets quality performance standards under subsection (h)(3); and (II) the qualified BCP meets the requirements under subsection (e)(2). (h) Quality and other reporting requirements (1) In general The Secretary shall develop and implement, with assistance and input of relevant experts in the field and the National Strategy for Quality Improvement in Health Care, appropriate measures for BCP eligible individuals. The Secretary shall determine appropriate measures under this title and title XIX to assess the quality of care furnished by a qualified BCP, as well as those measures that are no longer appropriate and shall be removed from use. Such measures shall include measures— (A) of clinical processes and outcomes; (B) of patient and, where practicable, caregiver experience of care, including measurement that enhances patient activation and engagement; (C) of utilization (such as rates of hospital admissions for ambulatory care sensitive conditions); (D) of care coordination, management, and transitions; and (E) that appropriately align with the National Strategy for Quality Improvement in Health Care. The Secretary may use existing measures under this title, title XIX, or any other health care program, as appropriate, under this paragraph. (2) Reporting requirements A qualified BCP shall submit data in a form and manner specified by the Secretary which is not overly burdensome to the qualified BCP, on measures the Secretary determines necessary for the qualified BCP to report in order to evaluate the quality of care furnished by the qualified BCP. Such data reporting shall emphasize patient-centered measurement and may include the functional status of patients, case management and care transitions across health care settings, including hospital discharge planning and post-hospital discharge follow-up by qualified BCP professionals, as the Secretary determines appropriate. (3) Quality performance standards The Secretary shall establish quality performance standards to assess the quality of care furnished by qualified BCPs. The Secretary shall seek to improve the quality of care furnished by qualified BCPs over time by specifying higher standards, new measures, or both for purposes of assessing such quality of care. The Secretary shall also include a process for retiring measures that are no longer adequately contributing to improving standards of care at the greatest possible value. (4) Other reporting requirements and call for alignment The Secretary shall, as the Secretary determines appropriate, incorporate and align reporting requirements and incentive payments related to the physician quality reporting system under section 1848, including those related to reporting on quality measures under subsection (m) of that section, reporting requirements under subsection (o) of that section relating to meaningful use of electronic health records, the establishment of a value-based payment modifier under subsection (p) of that section, and other similar initiatives under that section, and may use alternative criteria than would otherwise apply under section 1848 for determining whether to make such payments to qualified BCP professionals. The incentive payments described in the preceding sentence shall not be taken into consideration when calculating any payments otherwise made under subsection (g). (i) Beneficiary protections The Secretary shall ensure that, to the extent consistent with this section, a qualified BCP offers beneficiary protections applicable to beneficiaries under this title and, as applicable, title XIX. (j) Payment of medicare cost-Sharing for dual eligible individuals In the case of a dual eligible individual enrolled in a qualified BCP, the Secretary may provide for the payment of medicare cost-sharing (as defined in section 1905(p)(3)) that would otherwise be available under the State plan under title XIX if the individual was not enrolled in the qualified BCP. (k) Definitions In this section: (1) Alternative payment model (APM) The term alternative payment model means any of the following: (A) A model under section 1115A (other than a health care innovation award). (B) An accountable care organization under section 1899. (C) A demonstration under section 1866C. (D) A demonstration required by Federal law. (E) A qualified BCP. (2) Hospital The term hospital means a subsection (d) hospital (as defined in section 1886(d)(1)(B)). (3) Qualified BCP professional The term qualified BCP professional means a certified and licensed professional of medical or behavioral health services that is participating in a qualified BCP. . (b) Federal assumption of medicaid costs for full benefit dual eligible individuals enrolled in a qualified BCP Title XIX of the Social Security Act is amended by inserting after section 1943 the following new section: 1944. Federal assumption of medicaid costs for full benefit eligible individuals enrolled in a qualified BCP (a) State contribution (1) In general The State shall provide for payment to the Secretary for each month in an amount determined under paragraph (2)(A) for each applicable dual eligible BCP enrollee for such State. (2) State contribution amount (A) In general Subject to subparagraph (C), the amount determined under this paragraph for a State for a month in a year is equal to the product described in subparagraph (A) of section 1935(c)(1) for the State for the month, except that the reference in such subparagraph to the total number of full-benefit dual eligible individuals shall be deemed a reference to the total number of applicable dual eligible BCP enrollees. (B) Form and manner of payment The provisions of subparagraphs (B) through (D) of section 1935(c)(1) shall apply to payment by a State to the Secretary under this paragraph in the same manner as such subparagraphs apply to payment under section 1935(c)(1)(A). (C) Application of different factors In applying subparagraph (A), the following shall be substituted under paragraphs (2) and (3) of section 1935(c): (i) The base year State Medicaid per capita expenditures for covered part D drugs described in subparagraph (A)(i)(I) of such paragraph (2) shall be deemed to be the per capita expenditures for health care items and services that would apply (including any medicare cost-sharing), with respect to an applicable dual eligible BCP enrollee, if such an individual received benefits only under title XVIII (and not the State plan under this title). (ii) Any reference to expenditures for covered part D drugs or for prescription drug benefits shall be deemed a reference to the expenditures for health care items and services described in clause (i). (iii) Any reference to 2003 or 2004 shall be deemed a reference to 2017 or 2018, respectively. (iv) Any reference to a full-benefit-dual-eligible individual shall be deemed a reference to an applicable dual eligible BCP enrollee. (v) The applicable growth factor under section 1935(c)(4) for a year, with respect to a State, shall be the average annual percentage change (to that year from the previous year) of the expenditures of the State under the State plan under title XIX. (vi) The factor described in section 1935(c)(5) is deemed to be 90 percent. (3) Applicable dual eligible BCP enrollee For purposes of this section, the term applicable dual eligible BCP enrollee means, with respect to a State, an individual described in subparagraph (A)(ii) of section 1935(c)(6) (taking into account the application of subparagraph (B) of such section) for such State who is enrolled in a qualified BCP under section 1899B. Such term includes, in the case of medical assistance for medicare cost-sharing under a State plan under this title, an individual who is a qualified medicare beneficiary (as defined in section 1905(p)(1)), a qualified disabled and working individual (described in section 1905(s)), an individual described in section 1902(a)(10)(E)(iii), or otherwise entitled to such medicare cost-sharing and who is enrolled in such a qualified BCP. (b) Coordination of benefits (1) Medicare as primary payor In the case of an applicable dual eligible BCP enrollee, notwithstanding any other provision of this title, medical assistance is not available under this title for health care items or services (or for any cost-sharing respecting such health care items and services), and the rules under this title relating to the provision of medical assistance for such health care items and services shall not apply. The provision of benefits with respect to such health care items and services shall not be considered as the provision of care or services under the plan under this title. No payment may be made under section 1903(a) for health care items and services for which medical assistance is not available pursuant to this paragraph. (2) Coverage of long-term care services In the case of medical assistance under this title with respect to coverage of long-term care services furnished to an applicable dual eligible BCP enrollee, the State may elect to provide such medical assistance in the manner otherwise provided in the case of individuals who are not full-benefit dual eligible individuals or through an arrangement with such qualified BCP. In no case shall a qualified BCP be required to provide to enrollees coverage of long-term care services. . (c) State marketing materials for dually eligible individuals (1) State plan requirement Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (A) in paragraph (80), by striking and at the end; (B) in paragraph (81), by striking the period at the end and inserting ; and ; and (C) by inserting after paragraph (81) the following: (82) provide that any marketing materials distributed by the State that are directed at dual eligible individuals (as defined in section 1915(h)(2)(B)) include information on qualified BCPs offered under section 1899B. . (2) Effective date The amendments made by this section shall apply to calendar quarters beginning on or after January 1, 2017, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (d) Prohibition on coverage of cost-Sharing for certain items and services furnished to an enrollee outside of a qualified BCP under Medigap policies Section 1882 of the Social Security Act ( 42 U.S.C. 1395ss ) is amended by adding at the end the following new subsection: (z) Prohibition on coverage of cost-Sharing for certain items and services furnished to an enrollee outside of a qualified BCP and development of new standards for medicare supplemental policies (1) Development The Secretary shall request the National Association of Insurance Commissioners to review and revise the standards for benefit packages under subsection (p)(1), taking into account the changes in benefits resulting from the enactment of the Better Care, Lower Cost Act and to otherwise update standards to include the requirements for cost-sharing described in paragraph (2). Such revisions shall be made consistent with the rules applicable under subsection (p)(1)(E) with the reference to the 1991 NAIC Model Regulation deemed a reference to the NAIC Model Regulation as published in the Federal Register on December 4, 1998, and as subsequently updated by the National Association of Insurance Commissioners to reflect previous changes in law and the reference to date of enactment of this subsection deemed a reference to the date of enactment of the Better Care, Lower Cost Act . To the extent practicable, such revision shall provide for the implementation of revised standards for benefit packages as of January 1, 2017. (2) Cost-sharing requirements The cost-sharing requirements described in this paragraph are that, notwithstanding any other provision of law, no medicare supplemental policy may provide for coverage of cost-sharing with respect to items and services (other than emergent services, as defined by the Secretary) furnished to an individual enrolled in a qualified BCP under section 1899B by a provider of services or supplier that is not a qualified BCP professional (as defined in section 1899B(k)). (3) Renewability The renewability requirement under subsection (q)(1) shall be satisfied with the renewal of the revised package under paragraph (1) that most closely matches the policy in which the individual was enrolled prior to such revision. . 4. Chronic special needs plans Section 1859 of the Social Security Act ( 42 U.S.C. 1395w–28 ) is amended— (1) in subsection (f)(4)— (A) by striking In the case of and inserting Subject to subsection (h), in the case of ; and (B) by adding at the end the following flush text: Notwithstanding any other provision of this section, on or after January 1, 2014, the Secretary shall establish procedures for the transition of those individuals to a Medicare Advantage plan qualified BCP in accordance with subsection (h). ; and (2) by adding at the end the following new subsection: (h) Medicare Advantage plan qualified BCPs (1) In general A Medicare Advantage plan that is certified as a qualified BCP (referred to in this subsection as a Medicare Advantage plan qualified BCP )— (A) is deemed to be a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(iii); and (B) may enroll such special needs individuals. (2) Specialized benefit packages A Medicare Advantage plan qualified BCP shall have the flexibility to offer specialized benefit packages to enrollees described in subsection (b)(6)(B)(iii), consistent with the value-based insurance requirements under section 1899B(f). (3) Application of BCP requirements A Medicare Advantage plan qualified BCP shall be subject to all requirements applicable to a qualified BCP under section 1899B, including enrollment periods under subsection (c) of that section, applicable criteria relating to network adequacy, requirements with respect to individual patient-centered chronic care plans under subsection (d)(2) of that section, applicable criteria with respect to care management processes, and quality reporting under subsection (h) of that section. (4) Application of part C requirements The provisions of this part, including the provisions relating to specialized MA plans for special needs individuals described in subsection (b)(6)(B)(iii), shall apply to a Medicare Advantage plan qualified BCP to the extent they are consistent with the provisions of section 1899B. . 5. Improvements to welcome to Medicare visit and annual wellness visits (a) Welcome to Medicare visit Section 1861(ww)(1) of the Social Security Act ( 42 U.S.C. 1395x(ww)(1) ) is amended by adding at the end the following new sentence: In the case of a BCP eligible individual (as defined in section 1899B(b)), such term includes a standardized functional and health risk assessment (as described in section 1899B(d)(1)) furnished by a qualified BCP professional (as defined in section 1899B(k)). . (b) Annual wellness visit Section 1861(hhh)(1) of the Social Security Act ( 42 U.S.C. 1395x(h)(1) ) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (C) in the case of a BCP eligible individual (as defined in section 1899B(b)), that includes a standardized functional and health risk assessment (as described in section 1899B(d)(1)) furnished by a qualified BCP professional (as defined in section 1899B(k)). . (c) Effective date The amendments made by this section shall apply to services furnished on or after the date that is one year after the date of enactment of this Act. 6. Chronic care innovation centers (a) Designation Not later than October 1, 2016, the Secretary, acting through the Agency for Healthcare Research and Quality, shall designate and provide core funding for not less than three Chronic Care Innovation Centers. The Secretary shall develop a process for entities seeking to become a Chronic Care Innovation Center, and shall ensure sufficient geographic representation among those entities selected. The main objectives of such Centers shall include the following: (1) Improving the understanding of how to measure, monitor, and understand quality and efficiency for a patient population with substantial disease burden. (2) Rigorously examining alternative and innovative systems and strategies for efficiently improving quality and outcomes for common, serious, and chronic illnesses. (3) Developing and applying improved methodologies for informing policymakers regarding heterogeneity in the effectiveness and safety of proposed interventions, and assessing barriers to the implementation of high-priority care. (4) Studying organization and management practices that result in higher quality of care. (5) Defining and improving quality of care for patients with the chronic diseases prevalent in primary care settings. (6) Understanding the influence of race, ethnicity, and cultural factors on access, quality, and outcomes (such as clinical, patient-centered, health care utilization, and costs). (7) Evaluating new technology to enhance access to, and quality of care (such as telemedicine). (8) Assessing the use of patient self-management and behavioral interventions as a means of improving outcomes for Medicare beneficiaries with complex chronic conditions. (9) Understanding how management of care is affected when patients have multiple chronic conditions in which evidence or recommended guidelines are lacking, conflict with, or complicate overall care management. (10) Characterizing coordination of care within and across healthcare systems, including the Department of Veterans Affairs, the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), the Medicaid program under title XIX of such Act, and private sector programs for veterans with complex chronic conditions. (b) Requirements In order to be designated a Chronic Care Innovation Center under this section, each eligible entity must meet the following requirements: (1) Develop and implement a sustained research agenda in the field of chronic care. (2) Collaborate with local schools of public health and universities to carry out its mission. (3) Actively engage in the development of new, best practices for the delivery of care to the chronically ill. (4) Actively engage in the development and routine updating of quality measures for the chronically ill. (5) Have the ability to convene experts practiced in the needs of a chronically ill patient, including pharmacologists, psychiatrists, cardiologists, pulmonologists, rheumatologists, nutritionists and dieticians, social workers, and physical therapists. (6) Partner with the Secretary of Health and Human Services and the Secretary of Veterans Affairs (including the Center for Health Services Research in Primary Care of the Department of Veterans Affairs Health Services Research and Development Service), the medical community, medical schools, and public health departments through the Agency for Healthcare Research and Quality, the Health Resources and Services Administration, and the Association of American Medical Colleges to routinely develop new, forward thinking, and evidence-based curricula that addresses the tremendous need for team-based care and chronic care management. Such curricula shall include palliative medicine, chronic care management, leadership and team-based skills and planning, and leveraging technology as a care tool. (c) Oversight and evaluation (1) In general The Agency for Healthcare Research and Quality shall be responsible for oversight and evaluation of all Chronic Care Innovation Centers under this section. (2) Reports Not less frequently than every 3 years, the Agency for Healthcare Research and Quality shall submit to the Secretary of Health and Human Services and to Congress a report containing the findings of oversight and evaluations conducted under paragraph (1). (d) Contract authority In order to carry out this section, the Secretary may contract with existing Centers of Innovation (COINs) of the Department of Veterans Affairs Health Services Research and Development Service that meet the requirements described in subsection (c). (e) Authorization There are authorized to be appropriated such sums as are necessary to carry out this section. 7. Curricula requirements for direct and indirect graduate medical education payments (a) Direct graduate medical education payments Section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) ) is amended by adding at the end the following new paragraph: (9) New curricula requirements (A) Development The Secretary shall engage with the medical community and medical schools in developing curricula that meets the following requirements: (i) The curricula is new, forward thinking, and evidence-based. (ii) The curricula addresses the need for team-based care and chronic care management. (iii) The curricula includes palliative medicine, chronic care management, leadership and team-based skills and planning, and leveraging technology as a care tool. (B) Rural areas The curricula developed under subparagraph (A) shall include appropriate focus on care practices required for rural and underserved areas. (C) Limitation Notwithstanding the preceding provisions of this subsection, for cost reporting periods beginning on or after the date that is 5 years after the date of enactment of the Better Care, Lower Cost Act , if a hospital has not begun to implement curricula that meets the requirements described in subparagraph (A), payments otherwise made to a hospital under this subsection may be reduced by a percentage determined appropriate by the Secretary. For purposes of the preceding sentence, successful development and implementation of such curricula shall be determined by program accrediting bodies. . (b) Indirect graduate medical education payments Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) ) is amended— (1) by redesignating clause (x), as added by section 5505(b) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), as clause (xi) and moving such clause 6 ems to the left; and (2) by adding at the end the following new clause: (xii) Notwithstanding the preceding provisions of this subparagraph, effective for discharges occurring on or after the date that is 5 years after the date of enactment of the Better Care, Lower Cost Act , if a hospital has not begun to implement curricula that meets the requirements described in subsection (h)(9)(A), as determined in accordance with subsection (h)(9)(C), payments otherwise made to a hospital under this subparagraph may be reduced by a percentage determined appropriate by the Secretary. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3890ih/xml/BILLS-113hr3890ih.xml
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113-hr-3891
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I 113th CONGRESS 2d Session H. R. 3891 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Ms. Titus introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security to award Urban Area Security Initiative grants to nonprofit organizations not located in high-risk urban areas.
1. Department of Homeland Security authority to award Urban Area Security Initiative grants to nonprofit organizations not located in high-risk urban areas (a) In general Section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): (e) Special rule for grants to nonprofit organizations Notwithstanding any other provision of law, the Secretary may award a grant under this section to an organization (as described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax section 501(a) of such code) located in an area that is not designated as a high-risk urban area. . (b) Effective date The amendments made by subsection (a) apply with respect to a grant made after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3891ih/xml/BILLS-113hr3891ih.xml
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113-hr-3892
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I 113th CONGRESS 2d Session H. R. 3892 IN THE HOUSE OF REPRESENTATIVES January 15, 2014 Ms. Wilson of Florida (for herself, Ms. Brown of Florida , Mr. Rush , and Ms. Norton ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Ways and Means , the Judiciary , and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish student loan borrowers’ rights to basic consumer protections, reasonable and flexible repayment options, access to earned credentials, and effective loan cancellation in exchange for public service, and for other purposes.
1. Short title This Act may be cited as the Student Loan Borrowers’ Bill of Rights Act of 2013 . I Borrowers’ Right to Basic Consumer Protections 101. Dischargeability of student loans in bankruptcy cases Section 523(a) of title 11 of the United States Code is amended— (1) by striking paragraph (8); and (2) by redesignating paragraphs (9) through (19) as paragraphs (8) through (18). 102. Reinstatement of the 6-year Statute of Limitations for student loans Subsection (a) of section 484A of the Higher Education Act of 1965 ( 20 U.S.C. 1091a(a) ) is amended to read as follows: (a) Statute of limitations Notwithstanding any Federal or State statutory, regulatory, or administrative limitation on the period within which debts may be enforced— (1) an institution that receives funds under this title may file a suit or initiate or take another action for collection of a refund due from a student on a grant made, or work assistance awarded, under this title, during the 6-year period beginning on the day after the refund first became due (exclusive of period during which the State statute of limitations otherwise applicable to a suit under this paragraph would be tolled under State law); (2) a guaranty agency that has an agreement with the Secretary under section 428(c) may file a suit or initiate or take another action for collection of the amount due from a borrower on a loan made under part B during the 6-year period beginning on the day after such guaranty agency reimburses the previous holder of the loan for its loss on account of the default of the borrower (exclusive of period during which the State statute of limitations otherwise applicable to a suit under this paragraph would be tolled under State law); (3) an institution that has an agreement with the Secretary pursuant to section 487 may file a suit or initiate or take another action for collection of the amount due from a borrower on a loan made under part D or E after the default of the borrower on such loan during the 6-year period beginning on the day after the date of the default of the borrower with respect to such amount (exclusive of period during which the State statute of limitations otherwise applicable to a suit under this paragraph would be tolled under State law); or (4) the Secretary, the Attorney General, or the administrative head of another Federal agency, as the case may be, may file a suit or initiate or take another action for collection of a refund due from a student on a grant made under this title, or for the repayment of the amount due from a borrower on a loan made under this title that has been assigned to the Secretary under this title, during the 6-year period beginning on the day after the refund or the amount first became due. . 103. Prohibition of collection of student loans through certain offsets or through wage garnishment (a) Prohibition on offset of social security benefits Section 3716(c)(3)(A) of title 31, United States Code, is amended— (1) in clause (i), by striking except as provided in clause (ii) and inserting except as provided in clauses (ii) and (iii) ; and (2) by adding at the end the following new clause: (iii) Notwithstanding clause (i), any payments due to an individual under Federal benefits programs cited under clause (i) shall not be subject to offset under this subsection if the offset is for payments certified by the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ). . (b) Prohibition on offset of tax refund Section 3720A(a) of title 31, United States Code, is amended— (1) by striking Any Federal agency and inserting (1) Except as provided in paragraph (2), any Federal agency ; and (2) by adding at the end the following new paragraph: (2) Any past-due legally enforceable debt owed by an individual to the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) shall not be subject to notification under paragraph (1), and any refund of Federal taxes paid by the individual shall not be subject to reduction under subsection (c) for such debt. . (c) Prohibition on wage garnishment Section 3720D(a) of title 31, United States Code, is amended— (1) by striking Notwithstanding and inserting: (1) Except as provided in paragraph (2) and notwithstanding ; and (2) by adding at the end the following new paragraph: (2) Any delinquent nontax debt owed by an individual to the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) shall not be subject to collection under this section through garnishment of disposable pay of the individual. . II Borrower’s Right to Reasonable and Flexible Repayment Options 201. Exclusion from gross income for discharge of student loan indebtedness (a) In general Paragraph (1) of section 108(f) of the Internal Revenue Code of 1986 is amended by striking if such discharge and all that follows and inserting a period. (b) Student loans Paragraph (2) of section 108(f) of such Code is amended by striking made by— and all that follows and inserting the following: . Such term includes indebtedness used to refinance indebtedness which qualifies as a student loan under the preceding sentence. . (c) Conforming amendments Section 108(f) of such Code is amended by striking paragraphs (3) and (4). (d) Effective date The amendments made by this section shall apply to discharges of indebtedness after the date of the enactment of this Act. 202. 529 plan distribution for student loan payments (a) In general Subparagraph (A) of section 529(e)(3) is amended by striking clause (iii) and inserting the following new clause: (iii) interest or principal paid with respect to a qualified education loan (as defined in section 221) with respect to a designated beneficiary. . (b) Conforming amendments (1) Section 529(e)(3)(A) of such Code is amended by striking the second sentence. (2) Section 72(t)(7)(A) of such Code is amended by inserting determined without regard to subparagraph (A)(iii) thereof after section 529(e)(3) . (3) Section 530(b)(2)(A)(i) of such Code is amended by inserting determined without regard to subparagraph (A)(iii) thereof after section 529(e)(3) . (c) Effective date The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. 203. Inclusion of Parent PLUS Loans in Repayment Programs (a) Income contingent repayment plan Section 455(d)(1)(D) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(d)(1)(D) ) is amended by striking , except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS loan made on behalf of a dependent student; . (b) Income-Based repayment (1) Section 493C Section 493C of the Higher Education Act of 1965 ( 20 U.S.C. 1098e ) is amended— (A) in subsection (a)— (i) by striking this section and all that follows through hardship and inserting In this section, the term partial financial hardship ; and (ii) by striking, (other than an excepted PLUS loan or excepted consolidation loan) ; (B) in subsection (b)— (i) in paragraph (1), by striking (other than an excepted PLUS loan or excepted consolidation loan) ; and (ii) in paragraph (6)(A), by striking (other than an excepted PLUS loan or excepted consolidation loan) ; and (C) in subsection (c), by striking (other than an excepted PLUS loan or excepted consolidation loan), . (2) Section 455(d)(1)(E) Section 455(d)(1)(E) of such Act ( 20 U.S.C. 1087e(d)(1)(D) ) is amended by striking , except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS Loan made on behalf of a dependent student or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on such Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student . (c) Pay As You Earn The income-contingent repayment plan (based on the President's Pay As You Earn repayment initiative) implemented in parts 674, 682, and 685 of title 34, Code of Federal Regulations, as amended by the final regulations published by the Department of Education in the Federal Register on November 1, 2012 (77 Fed. Reg. 66088 et seq.), shall be available to borrowers of— (1) a Federal Direct PLUS loan made on behalf of a dependent student; and (2) a Federal Direct Consolidation Loan, the proceeds of which were used to discharge the liability on a Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student. (d) Loan forgiveness for service in areas of national need Section 428K(a)(2) of such Act ( 20 U.S.C. 1078–11(a)(2) ) is amended— (1) in subparagraph (A), by striking (other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a))) ; and (2) in subparagraph (B), by striking (other than an excepted PLUS loan or an excepted consolidation loan) . 204. Determination of adverse credit history Section 428B(a)(1)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–2(a)(1)(A) ) is amended by striking regulations promulgated by the Secretary and inserting section 685.200(c) of title 34, Code of Federal Regulations (as in effect on September 30, 2011) . III Borrowers’ right to a meaningful degree 301. Prohibition on suspensions of professional licenses for loan default No evidence of an individual’s default on the repayment of a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) may be admitted into evidence in a Federal or State proceeding involving the individual’s professional or vocational license. 302. Prohibition on loss of access to transcripts for loan default Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) (as amended by section 301) is further amended by adding at the end the following new paragraph: (31) (A) The institution will not prohibit a student from accessing the student’s transcripts, degree scrolls, or other certifications of coursework or educational attainments at the institution because the student is in default on the repayment of a loan made, insured, or guaranteed under this title. (B) For purposes of this paragraph, the term student includes former students. . IV Right to effective loan cancellation for borrowers engaged in public service careers 401. Extension of loan cancellation for borrowers employed in public service jobs for 5 years Section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e ) is amended by adding at the end the following new paragraph: (5) Loan cancellation after 5 years Beginning fiscal year 2014, the Secretary shall also cancel 50 percent of the balance of interest and principal due on any eligible Federal Direct Loan not in default for borrowers employed in a public service job for 5 years during the repayment of such loans— (A) by applying paragraph (1)(A)— (i) by substituting 60 for 120 each place it appears; and (ii) by substituting October 1, 2007 for October 1, 2013 ; and (B) by applying paragraph (2), by substituting 50 percent of the balance with the balance . .
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113-hr-3893
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I 113th CONGRESS 2d Session H. R. 3893 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Denham (for himself, Mr. Calvert , Mr. Cook , Mr. LaMalfa , Mr. Valadao , Mr. Rohrabacher , Mr. Campbell , Mr. Gary G. Miller of California , Mr. Hunter , Mr. McCarthy of California , Mr. Nunes , Mr. Issa , Mr. McClintock , Mr. Royce , and Mr. McKeon ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide for the suspension of Federal funding for the California High Speed Rail Project until sufficient non-Federal funds are available.
1. Short title This Act may be cited as the Responsible Rail and Deterring Deficiency Act . 2. Suspension of Federal funding (a) Congressional determination The Congress determines that— (1) the purposes of the statute under which the Project is authorized would not be adequately served by continuation of Federal financial assistance for the Project; and (2) the Authority may be unable to— (A) meet the contributory match percentage identified in Attachment 1, section 5, of the grant agreement; and (B) complete the Project according to the Project schedules included in Attachment 3 or Attachment 3A of the grant agreement. (b) Suspension requirement Based on the determination made under subsection (a), not later than 5 days after the date of enactment of this Act the Federal Railroad Administration shall exercise its right under Attachment 1, section 23, of the grant agreement to suspend any further financial assistance for the Project under the grant agreement until— (1) the Authority certifies in writing to the Federal Railroad Administration that— (A) it has access to State funds, or other non-Federal funds, in the amounts specified in Attachment 1, section 5, of the grant agreement; (B) those State or other non-Federal funds are free and clear of any legal challenge or other hindrance to the expenditure of the funds by the Authority; and (C) the funds are or will be available at the time necessary to meet the Authority’s financial obligations as described in the grant agreement; or (2) September 30, 2017. (c) Changes to agreement prohibited Until the conditions described in subsection (b) have been met, the Federal Railroad Administration shall not amend, supplement, or otherwise change the terms of the grant agreement. (d) Definitions In this section: (1) Authority The term Authority means the California High Speed Rail Authority. (2) Grant agreement The term grant agreement means the Federal Railroad Administration’s grant/cooperative agreement with the Authority numbered FR–HSR–0009–10–01–05 made on December 5, 2012. (3) Project The term Project has the meaning given that term in the grant agreement.
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113-hr-3894
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I 113th CONGRESS 2d Session H. R. 3894 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Massie (for himself, Mr. Bridenstine , and Mr. DeSantis ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to repeal the inclusion in gross income of Social Security benefits.
1. Short title This Act may be cited as the Senior Citizens Tax Elimination Act . 2. Repeal of inclusion in gross income of Social Security benefits (a) In general Section 86 of the Internal Revenue Code of 1986 (relating to social security benefits) is amended by adding at the end the following new subsection: (g) Termination This section shall not apply to any taxable year beginning after the date of the enactment of this subsection. . (b) Social Security trust funds held harmless (1) In general There are hereby appropriated (out of any money in the Treasury not otherwise appropriated) for each fiscal year to each fund under the Social Security Act or the Railroad Retirement Act of 1974 an amount equal to the reduction in the transfers to such fund for such fiscal year by reason of section 86(g) of the Internal Revenue Code of 1986. (2) No tax increases It is the sense of the Congress that tax increases will not be used to provide the revenue necessary to carry out paragraph (1).
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113-hr-3895
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I 113th CONGRESS 2d Session H. R. 3895 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Duncan of South Carolina (for himself, Mr. Roe of Tennessee , Mr. Westmoreland , Mr. Wilson of South Carolina , Mr. Radel , Mr. Mulvaney , Mr. Williams , Mr. Gingrey of Georgia , Mrs. Black , Mr. McClintock , Mr. Gowdy , Mr. Weber of Texas , Mr. Poe of Texas , Mr. Kingston , Mr. Broun of Georgia , Mr. Graves of Georgia , Mr. Gohmert , Mr. Rokita , and Mr. Stutzman ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Energy and Commerce , Transportation and Infrastructure , Ways and Means , Agriculture , Armed Services , and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To renew America’s founding principles by freeing Americans to produce more energy in the United States from all sources and contribute to the strength of American national security through North American energy independence.
1. Short title This Act may be cited as the Energy Exploration and Production to Achieve National Demand Act or the EXPAND Act . 2. Table of contents The table of contents for this Act is the following: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings and purposes. Sec. 4. Statement of policy. Sec. 5. Definitions. Title I—Development of Federal Energy Resources Subtitle A—Oil and Gas Leasing in the Gulf of Mexico Sec. 101. Leasing in the Eastern Gulf of Mexico. Sec. 102. Extension of deepwater oil and natural gas leases in Gulf of Mexico. Subtitle B—Scheduled Leasing, Exploration, and Development of Oil and Natural Gas in the Federal Outer Continental Shelf Sec. 121. Expanded outer Continental Shelf lease sales. Sec. 122. Geological and geophysical activities in expanded leasing areas. Sec. 123. Payments from areas newly available to leasing. Sec. 124. Definitions under the Outer Continental Shelf Lands Act. Sec. 125. Determination of adjacent zones and planning areas. Subtitle C—Leasing, Exploration, and Development of Oil and Natural Gas Resources in Portions of the Coastal Plain of Alaska Sec. 131. Establishment of leasing program for Coastal Plain. Sec. 132. Conduct of leasing program. Sec. 133. Federal and State distribution of revenues. Sec. 134. Rights-of-way across the Coastal Plain. Sec. 135. Conveyance. Subtitle D—State control of energy development and production on all available Federal land Sec. 141. Short title. Sec. 142. State control of energy development and production on all available Federal land. Subtitle E—Prohibition on New Wilderness or Wilderness Study Areas on Lands Administered by the BLM Without Congressional Approval; Indian land development Sec. 151. Repeal of Executive order. Sec. 152. Wilderness designation procedures. Sec. 153. Future executive branch actions. Sec. 154. Leases for development of natural resources on Indian lands. Subtitle F—Legal Causes and Claims Pertaining to the Leasing and Development of Federal Lands for Exploration and Production of Oil, Natural Gas, Associated Hydrocarbons, and Oil Shale Sec. 161. Oil shale, tar sands, and other strategic unconventional fuels. Sec. 162. Energy production on Federal lands. Sec. 163. Jurisdiction. Sec. 164. Judicial review. Sec. 165. Time for filing petition for judicial review; standing, filing of record. Sec. 166. Limitation on scope of review and relief. Sec. 167. Exclusion. Subtitle G—Development of Solar and Wind Energy on Public Land Sec. 171. Definitions. Sec. 172. Programmatic environmental impact statements and land use planning. Sec. 173. Development of solar and wind energy on public land. Sec. 174. Disposition of revenues. Subtitle H—Miscellaneous Provisions Sec. 181. Military operations. Sec. 182. Environmental sensitivity analysis under the program. Sec. 183. Validity of existing leases. Sec. 184. Integrity of lease sales and leasing schedule. Sec. 185. Authority to conduct offshore drilling under approved permits. Sec. 186. Time requirement to act on oil and natural gas drilling permits. Sec. 187. Timely issuance of onshore oil and gas leases. Sec. 188. State auditing. Title II—Continental Pipeline Approval Sec. 201. Keystone XL permit approval. Sec. 202. Judicial review. Sec. 203. American burying beetle. Sec. 204. Right-of-way and temporary use permit. Sec. 205. Permits for activities in navigable waters. Sec. 206. Migratory Bird Treaty Act permit. Sec. 207. Oil spill response plan disclosure. Title III—Radiological Material Repository Sec. 301. Radiological material repository. Title IV—Relief From Regulations and Prohibitions That Cause Artificial Price Increases Sec. 401. Endangered Species Act of 1973 reform. Sec. 402. Repeal of EPA climate change regulation. Sec. 403. Repeal of Federal ban on synthetic fuels purchasing requirement. Sec. 404. Repeal of ethanol mandates. Title V—Refinery Reform Sec. 501. Refinery permitting process. Sec. 502. Existing refinery permit application deadline. Sec. 503. New refining capacity on closed military installations. Title VI—Repeal of Energy Tax Subsidies Sec. 600. Amendment of 1986 code. Sec. 601. Corporate and Individual income tax rates reduced. Sec. 602. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures. Sec. 603. Repeal of credit for certain plug-in electric vehicles. Sec. 604. Early termination of credit for qualified fuel cell motor vehicles. Sec. 605. Repeal of alternative fuel vehicle refueling property credit. Sec. 606. Repeal of credit for alcohol used as fuel. Sec. 607. Repeal of credit for biodiesel and renewable diesel used as fuel. Sec. 608. Repeal of enhanced oil recovery credit. Sec. 609. Termination of credit for electricity produced from certain renewable resources. Sec. 610. Repeal of credit for producing oil and gas from marginal wells. Sec. 611. Termination of credit for production from advanced nuclear power facilities. Sec. 612. Repeal of credit for carbon dioxide sequestration. Sec. 613. Termination of energy credit. Sec. 614. Repeal of qualifying advanced coal project. Sec. 615. Repeal of qualifying gasification project credit. Sec. 616. Repeal of American Recovery and Reinvestment Act of 2009 energy grant program. Sec. 617. Election to expense property used in the production of energy. Title VII—Regulatory Relief Sec. 701. Legislative stay. Sec. 702. Compliance dates. Sec. 703. Energy recovery and conservation. Sec. 704. Other provisions. Sec. 705. Management and disposal of coal combustion residuals. Sec. 706. Prohibition on use of social cost of carbon in analysis. Sec. 707. Clarification of legal enforcement against noncriminal energy producers. Title VIII—Attainment of National Ambient Air Quality Standards Sec. 801. Air quality monitoring and modeling methodologies. Sec. 802. Extending compliance for NAAQS attainment for downwind States. Title IX—Sub-Basin Reporting of Greenhouse Gas Emissions Sec. 901. Sub-basin reporting of greenhouse gas emissions. Title X—Implementation of National Ocean Policy Sec. 1001. Prohibition on use of funds. Title XI—Other Provisions Sec. 1101. Administrative record. Sec. 1102. Statement of energy effects. Sec. 1103. Priority-Energy Project permit duration. Title XII—Future Nuclear Energy Sec. 1201. Short title. Sec. 1202. Public health and safety. Sec. 1203. Streamlining Combined Construction and Operating License. Sec. 1204. Reactor design certification. Sec. 1205. Technology neutral plant design specifications. Sec. 1206. Additional funding and personnel resources. Sec. 1207. Next Generation Nuclear Power Plant. Sec. 1208. Uranium mining on Federal lands. 3. Findings and purposes (a) Findings The Congress finds that— (1) the Constitution of the United States invests in Congress the authority to manage Federal lands and the natural resources contained within them; (2) the natural resources contained within lands owned by the Federal Government are ultimately owned by the people, and can be explored and developed by them in their pursuit of happiness to fuel the American way of life; (3) the United States spends over $1,000,000,000 per day to import crude oil from foreign countries, representing the largest wealth transfer in history; (4) the domestic oil and natural gas industry is responsible for approximately 9.2 million jobs; (5) the United States has substantial undeveloped oil and natural gas resources underlying Federal lands; (6) multiple legal challenges relating to the leasing, exploration, and development of Federal lands can significantly delay and even prevent these desperately needed oil and natural gas resources from reaching the American public; (7) expedited and focused judicial review of legal challenges to proposed oil and natural gas development activities is necessary to ensure that additional American oil and natural gas resources are made available without undue delay to American consumers; (8) the approximately 43 million leased outer Continental Shelf acres currently account for about 15 percent of the United States domestic natural gas production and about 27 percent of the United States domestic oil production; (9) the leasing of these domestic offshore areas for oil and natural gas development provides significant economic benefits to the Federal Government, as well as to States and localities, through the creation and sustenance of jobs and domestic product; (10) the Federal Government distributed over $10,000,000,000 to Federal, State and Indian accounts from energy production during fiscal year 2009, primarily from oil and natural gas production; (11) the outer Continental Shelf is a vital national resource reserve held by the Federal Government for the public, which should be made available for expeditious and orderly development, subject to environmental safeguards, in a manner that is consistent with the maintenance of competition and other national needs; (12) Executive Order 13563 on Improving Regulation and Regulatory Review, issued on January 18, 2011, requires that to the extent permitted by law, each agency must, among other things— (A) propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs (recognizing that some benefits and costs are difficult to quantify); (B) tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations; (C) select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); (D) to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt; and (E) identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public; (13) Executive Order 13547 on Stewardship of the Ocean, Our Coasts, and the Great Lakes, issued on July 19, 2010, provides for the development of coastal and marine spatial plans (CMSP) that build upon and improve existing Federal, State, tribal, local, and regional decisionmaking and planning processes; (14) the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) already provides a comprehensive and complete framework for undertaking oil and gas activities within the framework of a CMSP-based program; (15) through the Outer Continental Shelf Lands Act, Congress has already established the process for development of coastal and marine spatial plans for oil and gas leasing and other authorizations, and it is not necessary to create a new regulatory regime as this would go against the Executive order; (16) the Coastal Plain of Alaska is an important potential new source of domestic oil and gas production; (17) the delivery of oil from Alberta, Canada, to domestic markets in the United States is in the national interest of the United States, and the earliest possible completion of the Keystone XL pipeline will best serve the national interest; (18) there are 103 nuclear reactors currently operating in the United States, providing 20 percent of the electricity of the United States, slightly less than the electricity generated by natural gas; (19) nuclear energy is the largest provider of clean, low-carbon electricity, almost 8 times larger than all renewable power production combined, excluding hydroelectric power; (20) nuclear power is responsible for 72 percent of emission-free electricity production in the United States; (21) nuclear power plants virtually eliminate emissions of greenhouse gases and criteria pollutants associated with acid rain, smog, or ozone; (22) nuclear energy supplies consistent, baseload electricity, independent of environmental conditions; (23) between 1960 and 1980, the Nuclear Regulatory Commission issued 169 permits to construct nuclear power facilities; (24) even if every nuclear power plant is granted a 20-year extension, all currently operating nuclear power plants will be retired by 2055; (25) long lead times for nuclear power plant licensing, permitting, and construction indicate that action to stimulate the nuclear power industry should not be delayed; (26) there are 17 combined operating license applications currently pending before the Nuclear Regulatory Commission for 26 new reactors in the United States, with 4 applications inactive due to regulatory uncertainty; (27) those proposed reactors will use the latest in nuclear technology for efficiency and safety, more advanced than the technology of the 1960s and 1970s found in the reactors currently operating in the United States; (28) the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ) requires the Federal Government to take ownership of high-level radioactive waste and spent nuclear fuel and build a permanent geologic repository in which to store such waste; (29) the Nuclear Waste Policy Act of 1982, as amended in 1987, selected the Yucca Mountain site to be the sole geologic repository in which to store high-level radioactive waste and spent nuclear fuel; (30) the Congress reaffirmed Yucca Mountain as the sole candidate site for a geologic repository in 2001; (31) despite such laws, the Government has failed to accept high-level radioactive waste and spent nuclear fuel from utilities and has delayed construction of the Yucca Mountain repository; (32) failure to accept high-level radioactive waste and spent nuclear fuel has led to more than 74 lawsuits filed by utilities against the Government, $1,000,000,000 in settlements being paid, and an estimated $16,200,000,000 in potential liabilities to settle remaining lawsuits; (33) each year the Government refuses to accept high-level radioactive waste and spent nuclear fuel adds an estimated $500,000,000 in additional liabilities associated with future lawsuits; (34) the failure of the Federal Government to accept high-level radioactive waste and spent nuclear fuel from utilities is a significant barrier to the future development of additional nuclear power; (35) the United States has 58,000 tons of radiological material stored at more than 100 sites in 39 States; (36) the 103 commercial nuclear reactors operating in the United States produce approximately 2,000 tons of spent nuclear fuel every year; (37) the Yucca Mountain repository’s capacity is statutorily limited to 70,000 tons of waste but can safely hold 120,000 tons; (38) operators who have paid into the Nuclear Waste Fund have been denied access to permanent storage of radiological material as promised by the Federal Government; (39) permanent geologic storage capacity is a finite resource on which the industry depends; and (40) operators have the technical expertise to develop new and more efficient processes of disposing of new radiological material, including finding repositories in addition to Yucca Mountain. (b) Purposes The purposes of this Act are to— (1) apply our founding principles as outlined in the Declaration of Independence and Constitution to restore the individual’s right to life, liberty, and the pursuit of happiness by restoring a true all-of-the-above, free market, all-American energy market in the United States; (2) promote expansion of domestic employment opportunities through energy development on Federal lands and through less intrusive government on private lands; (3) respond to the Nation’s increased demand for domestic energy resources, including oil and natural gas resources; (4) support the utilization of the outer Continental Shelf for oil and gas production and transmission; (5) confirm and ensure the validity of oil and gas leases issued under the Final Outer Continental Shelf Oil and Gas Leasing Program, 2012–2017; (6) ensure the continued leasing of outer Continental Shelf areas pursuant to the Final Outer Continental Shelf Oil and Gas Leasing Program, 2012–2017; (7) facilitate interagency coordination and cooperation in the processing of permits required to support oil and gas use authorization on Federal lands, both onshore and on the outer Continental Shelf, in order to achieve greater consistency, certainty, and timeliness in permit processing requirements; (8) promote process streamlining and increased interagency efficiency, including elimination of interagency duplication of effort; (9) improve information sharing among agencies and understanding of respective agency roles and responsibilities; (10) promote coordination with State agencies with expertise and responsibilities related to Federal oil and gas permitting decisions, and balance Federal interests with the interests and well-being of State and local communities; (11) promote responsible stewardship of Federal oil and gas resources; (12) maintain high standards of safety and environmental protection; and (13) enhance the benefits to Federal permitting already occurring as a result of a coordinated and timely interagency process for oil and gas permit review for certain Federal oil and gas leases. 4. Statement of policy It is the policy of the United States to apply the principles of individual liberty contained within the Declaration of Independence and Constitution for the restoration of a true all-of-the-above, free market, all-American energy strategy by reducing or eliminating financial, regulatory, and technical barriers to energy exploration and production. 5. Definitions For purposes of this Act— (1) Act The term Act means the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ). (2) Authorizing leasing statute The term authorizing leasing statute means the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ), the Mineral Leasing Act for Acquired Lands ( 30 U.S.C. 351 et seq. ), and any other law authorizing the use or disposition of Federal lands for oil and gas production or transmission. (3) Coastal plain The term Coastal Plain means that area described in appendix I to part 37 of title 50, Code of Federal Regulations. (4) Covered oil and natural gas activity The term covered oil and natural gas activity means— (A) the leasing or other disposition of any lands pursuant to an authorizing leasing statute for the exploration, development, production, processing, or transmission of oil, natural gas, or associated hydrocarbons, and oil shale, including actions or decisions relating to the selection of which lands may or shall be made available for such leasing; and (B) any activity taken or proposed to be taken pursuant or in relation to such leases, including their suspension, and any environmental analyses relating to such activity. (5) Other terms Any terms used in this Act shall have the meaning such term has in the Act. (6) Priority energy project The term Priority Energy Project means a project or facility in the United States whose operation results in the production of a domestic supply of energy or the generation of electricity. (7) Priority energy project developer The term Priority Energy Project Developer means a person, organization, or other entity that owns or operates a Priority Energy Project. (8) Program The term program means a Final Outer Continental Shelf Oil and Gas Leasing Program issued pursuant to section 18 of the Act ( 43 U.S.C. 1344 ). (9) Secretary The term Secretary means the Secretary of the Interior, unless otherwise indicated. I Development of Federal Energy Resources A Oil and Gas Leasing in the Gulf of Mexico 101. Leasing in the Eastern Gulf of Mexico (a) Termination of moratorium Section 104 of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ) is amended by striking subsection (a) and redesignating subsections (b) and (c) as subsections (a) and (b), respectively. (b) National defense area Section 12(d) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1341(d) ) is amended— (1) by striking The United States and inserting the following: (1) In general The United States ; and (2) by adding at the end the following: (2) Review Annually, the Secretary of Defense shall review the areas of the outer Continental Shelf that have been designated as restricted from exploration and operation to determine whether the areas should remain under restriction. . (c) Leasing of moratorium areas (1) Destin dome and pensacola areas Within 1 year after the date of the enactment of this Act, the Secretary shall offer for leasing under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), the Destin Dome (OPD NH 16–08) and Pensacola (OPD NH 16–05) areas. (2) Other areas As soon as practicable after the date of enactment of this Act, the Secretary shall offer for leasing under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), any other areas in the Eastern Gulf of Mexico Planning Area that are made available for leasing pursuant to subsection (a). (3) Administration The areas described in paragraphs (1) and (2) shall be offered for lease under this section notwithstanding the omission of any of those areas from the 5-year leasing program approved by the Secretary under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) in effect at the time of the lease sale. The Secretary shall include the areas described in paragraphs (1) and (2) in any 5-year leasing program approved after the date of enactment of this Act. (d) Coastal Zone Management Act of 1972 review The Secretary’s decision to hold a lease sale for the areas described in section 101(c) shall not be subject to consistency review under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ). 102. Extension of deepwater oil and natural gas leases in Gulf of Mexico (a) Definition of covered lease In this section the term covered lease means each oil and gas lease for the Gulf of Mexico Outer Continental Shelf region issued under section 8(b) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(b) ) that was not producing as of April 30, 2010. (b) Extension of covered leases The Secretary of the Interior shall extend the term of a covered lease by 24 months. (c) Minimum deepwater well requirement If fewer than 20 exploration or development wells have been spudded on deepwater leases in the Gulf of Mexico within 18 months after the date of enactment of this Act, the 24-month period under subsection (b) for deepwater leases (water depths of 500 feet or greater) shall be extended by an additional 18 months. (d) Effect of extension on suspensions The lease term extension under this Act shall be in addition to any lease term suspension either granted or directed under section 5(a)(1) of the Act ( 43 U.S.C. 1334(a)(1) ) prior to or following the date of enactment of this Act. (e) Lease reinstatement The Secretary shall reinstate any lease subject to subsection (a) that expired between April 30, 2010 and the date of enactment of this Act, with a new expiration date as provided in subsection (b). B Scheduled Leasing, Exploration, and Development of Oil and Natural Gas in the Federal Outer Continental Shelf 121. Expanded outer Continental Shelf lease sales (a) In general Beginning in fiscal year 2015, the Secretary shall conduct all lease sales included in Table A of the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010–2015, issued January 2009. All such lease sales shall be conducted in accordance with this section. (b) EIS The Secretary is deemed to have issued a final environmental impact statement for the program described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (c) Exemption from consistency review The Secretary’s decision to hold a lease sale required under this section shall not be subject to consistency review under the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ). (d) Leasing program The Secretary shall prepare and make available a 2015–2020 Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program no later than 1 year after the date of enactment of this Act. (e) Requirement To maintain program The Secretary’s implementation of the requirements of this section shall fulfill the requirement under section 19 of the Act ( 43 U.S.C. 1345 ) to maintain an oil and gas leasing program through June 30, 2015. 122. Geological and geophysical activities in expanded leasing areas (a) Findings The Congress finds that— (1) the long-delayed Environmental Impact Statement (EIS) for the conduct of a safe, environmentally protective seismic assessment of the oil and natural gas resources offshore the Atlantic Outer Continental Shelf (OCS) should be completed; (2) it has been nearly 2 generations since seismic testing was last conducted along our Eastern Seaboard; (3) updated 3–D and 4–D technology revealed about 500 percent more resource potential than earlier estimates when used to gather seismic data in the Gulf of Mexico; (4) in the many decades seismic surveys have been conducted around the world, there has never been a documented case where use of an air gun to perform a seismic survey has caused the death of an animal; and (5) April 2014 will mark 2 years since the Department of the Interior’s original projected target completion of such EIS. (b) EIS for Atlantic OCS Planning Area The Secretary shall issue a Final Programmatic Environmental Impact Statement and Record of Decision pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), assessing the environmental effects of geological and geophysical activities in the Atlantic Outer Continental Shelf Planning Area. (c) Permits for Atlantic OCS Planning Area Pursuant to all of the laws that apply to geologic and geophysical activities in the Atlantic Outer Continental Shelf Planning Area, the Secretary, acting through the Bureau of Ocean Energy Management, shall establish a process to ensure the timely completion of all permit processing activities that meets the requirements of the Act for geologic and geophysical activities in the Atlantic Outer Continental Shelf Planning Area, including areas of the Southern Atlantic Outer Continental Shelf. (d) Preliminary EIS for Southern California OCS Planning Area Not later than 18 months after the date of enactment of this Act, the Secretary shall issue a Preliminary Environmental Impact Statement pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to assess the environmental impacts of geophysical activities in the Southern California Outer Continental Shelf Planning Area. 123. Payments from areas newly available to leasing (a) In general Notwithstanding section 9 of the Act ( 43 U.S.C. 1338 ), upon enactment of this Act and each fiscal year thereafter, 37.5 percent of all bonuses, rents, royalties, and other sums due and payable to the United States received on or after enactment of this Act from outer Continental Shelf leases entered into on or after the date of enactment of this Act shall be paid to the coastal States that are Adjacent States with respect to such leases. Such payment shall be allocated to each such Adjacent State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of the Adjacent State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. (b) Exclusions Subsection (a) shall not apply to— (1) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; and (2) revenues generated from leases subject to section 8(g) of the Act ( 43 U.S.C. 1137(g) ). (c) Use of payments to States Amounts paid to a State under subsection (a) shall be used by the State for such purposes as that State considers necessary. (d) Gulf of Mexico outer Continental Shelf revenues (1) Limitation on application Subsection (a) shall not affect the application of section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ; ( 43 U.S.C. 1331 note)), as in effect before the enactment of this Act, with respect to revenues received by the United States under oil and gas leases issued for tracts located in the Western and Central Gulf of Mexico Outer Continental Shelf Planning Areas, including such leases issued on or after the date of the enactment of this Act. (2) Amount of Distributed Qualified Outer Continental Shelf Revenues Section 105(f)(1) of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ; ( 43 U.S.C. 1331 note)) is amended by striking 2055 and inserting 2022, and shall not exceed $750,000,000 for each of fiscal years 2023 through 2055 . 124. Definitions under the Outer Continental Shelf Lands Act Section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ) is amended— (1) by amending paragraph (f) to read as follows: (f) The term affected State means the Adjacent State. ; (2) by striking the semicolon at the end of each of paragraphs (a) through (o) and inserting a period; (3) by striking ; and at the end of paragraph (p) and inserting a period; (4) by adding at the end the following: (r) The term Adjacent State means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted. (s) The term State includes all States having a coastline contiguous to the Arctic, Atlantic, or Pacific Ocean, or the Gulf of Mexico, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, American Samoa, Guam, the other territories of the United States, and the District of Columbia. (t) The term Adjacent Zone means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to this Act, the portion of the outer Continental Shelf for which the laws of a particular Adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States. (u) The term miles means statute miles. (v) The term coastline has the same meaning as the term coast line as defined in section 2(c) of the Submerged Lands Act ( 43 U.S.C. 1301(c) ). (w) The term Neighboring State means a coastal State having a common boundary at the coastline with the Adjacent State. ; and (5) in paragraph (a), by inserting after control the following: or lying within the United States Exclusive Economic Zone and outer Continental Shelf adjacent to the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, American Samoa, Guam, or any other territory of the United States . 125. Determination of adjacent zones and planning areas Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1333(a)(2)(A) ) is amended in the first sentence by striking , and the President and all that follows through the end of the sentence and inserting the following: . The lines extending seaward and defining each State’s Adjacent Zone, and the Atlantic OCS Planning Area, are as indicated on the maps for the Atlantic Outer Continental Shelf region entitled Atlantic OCS Region State Adjacent Zones and OCS Planning Areas , which is dated September 2005 and is on file in the Office of the Director, Minerals Management Service. The Secretary shall designate the Adjacent Zones of States, and additional OCS Planning Areas, for parts of the United States Exclusive Economic Zone and outer Continental Shelf not covered by those maps. . C Leasing, Exploration, and Development of Oil and Natural Gas Resources in Portions of the Coastal Plain of Alaska 131. Establishment of leasing program for Coastal Plain The Secretary shall take such actions as are necessary— (1) to establish and implement, in accordance with this subtitle and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (2) to administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will minimize any significant adverse effects on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this title in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. 132. Conduct of leasing program (a) Repeal (1) Repeal Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 ( 16 U.S.C. 3143 ) is repealed. (2) Conforming amendment The table of contents in section 1 of such Act is amended by striking the item relating to section 1003. (b) Compliance with requirements under certain other laws (1) Compatibility For purposes of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ), the oil and gas leasing program and activities authorized by this subtitle in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination. (2) Adequacy of the department of the interior’s legislative environmental impact statement The Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act of 1980 ( 16 U.S.C. 3142 ) and section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this subtitle before the conduct of the first lease sale. (3) Compliance with NEPA for other actions Before conducting the first lease sale under this subtitle, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this subtitle that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this subtitle shall be completed within 18 months after the date of enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this subtitle. In preparing or reviewing an environmental assessment pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and any regulations promulgated thereto, an agency shall consider, in addition to any mitigation required by the agency, all applicable Federal, State, local, and other laws and regulations, guidelines, permit conditions, and any other requirements and best practices regarding a Priority Energy Project and any other actions considered in a cumulative effects analysis. Pursuant to that, the agency shall make a finding of no significant impact or a mitigated finding of no significant impact, as applicable, unless, presuming administrative regularity, the agency can conclusively demonstrate that the mitigation required by the agency and the applicable Federal, State, local, and other laws and regulations, guidelines, permit conditions, and any other requirements and best practices regarding a Priority Energy Project and any other actions considered in a cumulative effects analysis will not prevent or otherwise mitigate a significant impact on the human environment. (c) Relationship to State and local authority Nothing in this subtitle shall be considered to limit State and local regulatory authority. (d) Special areas (1) In general The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres. (2) Management Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values. (3) Exclusion from leasing or surface occupancy The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area. (4) Directional drilling Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases located outside the Special Area. (e) Limitation on closed areas The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this subtitle. (f) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out this subtitle, including rules and regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 12 months after the date of enactment of this Act. (g) Lease sales (1) In general Lands may be leased pursuant to this subtitle to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ). (2) Procedures The Secretary shall, by regulation, establish procedures for— (A) receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subparagraph (C)) from, a lease sale; (B) the holding of lease sales after such nomination process; and (C) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale. (3) Lease sale bids Bidding for leases under this subtitle shall be by sealed competitive cash bonus bids. (4) Acreage minimum in first sale In the first lease sale under this subtitle, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to paragraph (2)(A), but in no case less than 200,000 acres. (5) Timing of lease sales The Secretary shall— (A) conduct the first lease sale under this subtitle within 18 months after the date of the enactment of this Act; (B) evaluate the bids in such sale and issue leases resulting from such sale, within 90 days after the date of the completion of such sale; and (C) conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales. (h) Grant of leases by the Secretary (1) In general The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to subsection (g) any lands to be leased on the Coastal Plain upon payment by the lessee of such bonus as may be accepted by the Secretary. (2) Subsequent transfers No lease issued under this subtitle may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General. (i) Lease terms and conditions An oil or gas lease issued pursuant to this subtitle shall— (1) provide for the payment of a royalty of 37½ percent in amount or value of the production removed or sold from the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases; (2) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee; (3) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary; (4) provide that the standard of reclamation for lands required to be reclaimed under this subtitle shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as approved by the Secretary; (5) contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 131(2); (6) provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State; and (7) contain such other provisions as the Secretary determines necessary to ensure compliance with the provisions of this subtitle and the regulations issued under this subtitle. (j) Lease Approval deadlines (1) In general Not later than 10 business days after the date on which an agency receives an application for any permit, authorization, or other agency action with respect to a lease under this subtitle, the agency shall— (A) notify the applicant that the application is complete; or (B) notify the applicant that information is missing and specify any information that is required to be submitted for the application to be complete. (2) Issuance or deferral Not later than 30 days after the applicant for such a permit, authorization, or other agency action has submitted a complete application, the agency shall— (A) issue the permit; or (B) (i) defer the decision on the permit; and (ii) provide to the applicant a notice that specifies any steps that the applicant could take for the permit to be issued. (3) Requirements for deferred applications (A) In general If the agency provides notice under paragraph (2)(B), the applicant shall have a period of 2 years from the date of receipt of the notice in which to complete all requirements specified by the agency, including providing information needed for compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (B) Issuance of decision on permit If the applicant completes the requirements within the period specified in subparagraph (A), the agency shall issue a decision on the permit not later than 10 days after the date of completion of the requirements described in subparagraph (A). (C) Denial of permit If the applicant does not complete the requirements within the period specified in subparagraph (A) the agency shall deny the permit. (4) Agency requirements In any application for a permit, authorization, or other agency action, the agency shall be prohibited from requiring the applicant to perform any analyses, studies, or other activities that are novel, unprecedented, or otherwise inconsistent with past requirements for permit applicants in the same or similar situations. (5) Failure to act In the event the agency fails to meet any deadline set forth in this section, the agency shall immediately grant the requested permit, authorization, or other approval. (k) Considerations In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following: (1) The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement. (2) The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations. (3) The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States. (l) Environmental appeals board (1) Limitation on delegation of authority The Administrator of the Environmental Protection Agency shall not delegate any authority to the Environmental Appeals Board to consider, review, reject, remand, or otherwise invalidate any permit for activity under a lease under this title. (2) Performance by Secretary The Administrator shall perform all duties currently assigned to the Environmental Appeals Board in the Secretary’s individual capacity. (m) Facility consolidation planning (1) In general The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources. (2) Objectives The plan shall have the following objectives: (A) Avoiding unnecessary duplication of facilities and activities. (B) Encouraging consolidation of common facilities and activities. (C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment. (D) Utilizing existing facilities wherever practicable. (E) Enhancing compatibility between wildlife values and development activities. (n) Access to public lands The Secretary shall— (1) manage public lands in the Coastal Plain subject to subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3121 ); and (2) ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses. (o) Expedited judicial review (1) Filing of complaint (A) Deadline A complaint seeking judicial review of any provision of this section or any action of the Secretary under this section shall be filed— (i) within the 90-day period beginning on the date of the action being challenged; or (ii) in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint. (B) Venue Any complaint seeking judicial review of any provision of this subtitle or any action of the Secretary under this subtitle may be filed only in the United States Court of Appeals for the District of Columbia. (C) Limitation on scope of certain review Judicial review of a Secretarial decision to conduct a lease sale under this subtitle, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with this subtitle and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this subtitle shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary. (2) Limitation on other review Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement. 133. Federal and State distribution of revenues (a) In general All adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this subtitle shall be subject to distribution in the same manner as for Federal oil and gas leases under section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 ). (b) Payments to Alaska Payments to the State of Alaska under this section shall be made semiannually. 134. Rights-of-way across the Coastal Plain (a) In general The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas— (1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ), without regard to title XI of the Alaska National Interest Lands Conservation Act ( 30 U.S.C. 3161 et seq. ); and (2) under title XI of the Alaska National Interest Lands Conservation Act ( 30 U.S.C. 3161 et seq. ), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and 3171). (b) Terms and conditions The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines. (c) Regulations The Secretary shall include in regulations under section 132 provisions granting rights-of-way and easements described in subsection (a). 135. Conveyance In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding section 1302(h)(2) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3192(h)(2) ), shall convey— (1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation effective January 22, 1993; and (2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America. D State control of energy development and production on all available Federal land 141. Short title This subtitle may be cited as the Federal Land Freedom Act of 2013 . 142. State control of energy development and production on all available Federal land (a) Definitions In this section: (1) Available federal land The term available Federal land means any Federal land that, as of May 31, 2013— (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a Congressionally designated wilderness area. (2) Secretary The term Secretary means the Secretary of the Interior. (3) State The term State means— (A) a State; and (B) the District of Columbia. (b) State programs (1) In general A State— (A) may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise its rights to develop all forms of energy resources on available Federal land in the State; and (B) as a condition of certification under subsection (c)(2) shall submit a declaration to the Departments of the Interior, Agriculture, and Energy that a program under subparagraph (A) has been established or amended. (2) Amendment of programs A State may amend a program developed and certified under this section at any time. (3) Certification of amended programs Any program amended under paragraph (2) shall be certified under subsection (c)(2). (c) Leasing, permitting, and regulatory programs (1) Satisfaction of Federal requirements Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (C) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ). (2) Federal certification and transfer of development rights Upon submission of a declaration by a State under subsection (b)(1)(B)— (A) the program under subsection (b)(1)(A) shall be certified; and (B) the State shall receive all rights from the Federal Government to develop all forms of energy resources covered by the program. (3) Issuance of permits and leases If a State elects to issue a permit or lease for the development of any form of energy resource on any available Federal land within the borders of the State in accordance with a program certified under paragraph (2), the permit or lease shall be considered to meet all applicable requirements of Federal law (including regulations). (d) Judicial review Activities carried out in accordance with this Act shall not be subject to judicial review. (e) Administrative Procedure Act Activities carried out in accordance with this Act shall not be subject to subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘‘Administrative Procedure Act’’). E Prohibition on New Wilderness or Wilderness Study Areas on Lands Administered by the BLM Without Congressional Approval; Indian land development 151. Repeal of Executive order The Bureau of Land Management shall not implement, administer, or enforce Secretarial Order No. 3310, issued by the Secretary of the Interior on December 22, 2010, except by Congressional approval. 152. Wilderness designation procedures (a) Precondition to designation The Secretary of the Interior may not designate or issue a recommendation to designate a wilderness or wilderness study area as Wild Lands , Wilderness , or any other protective designation on lands administered by the Bureau of Land Management before the last day of the 30-day period beginning on the date on which the Secretary provides a description and map of the land proposed to be so designated to Congress and to the Governor of each State with jurisdiction over parcels of land located within the boundaries of the area proposed to be designated. (b) Public participation (1) Public hearing requirement (A) In general Subject to subparagraph (D), not later than 90 days after the date on which the Secretary of the Interior issues a recommendation under subsection (a), the Secretary shall hold not fewer than one public hearing within a county (or comparable unit of local government) located wholly or in part within the boundaries of the proposed wilderness or wilderness study area. The Secretary shall ensure that all interested individuals are afforded an opportunity to participate in a hearing held under this paragraph. (B) Comments The Secretary of the Interior shall solicit comments from the public at a hearing held under subparagraph (A), and shall enter all comments received at or related to such hearing into the record of the hearing. (C) Availability of record The Secretary of the Interior shall promptly make the record of a hearing held under subparagraph (A), including a transcript of the hearing, available to the public on the Internet or by other electronic means. The Secretary shall ensure that any components of the record that are completed before the entire record is finalized are made available upon their completion. (D) Waiver The Secretary of the Interior may decline to hold a public hearing under subparagraph (A) if each unit of local government located wholly or in part within the boundaries of the national monument expressly waives the right to such hearing. (2) Notice and comment period requirement Not later than 30 days after the date on which Secretary of the Interior issues a recommendation under subsection (a), the Secretary shall initiate a notice and comment period to receive comments from the public regarding the recommendation. (3) Report (A) Contents Not later than one year after issuing a recommendation to designate a wilderness or wilderness study area under subsection (a), the Secretary shall submit to Congress a report containing the following: (i) An analysis of the economic impact of the designation on the communities within 100 miles of the boundaries of the proposed wilderness or wilderness study area, including an estimate of the tax revenues that will be lost to, or gained for, the Federal, State, and local governments as a result of the designation. (ii) An analysis of the impact the designation will have on the Nation’s energy security, including the effects of the loss of sites to produce wind, geothermal, or solar energy, and the number of barrels of oil, tons of coal, or cubic feet of natural gas that will become unavailable as a result of the designation. (iii) The projected impact of the designation on interests, rights, and uses associated with the parcels of land within the boundaries of the monument, including water rights, hunting, recreational shooting, grazing, timber production, vegetation manipulation to maintain forest health, off-road vehicle use, hiking, horseback riding, and mineral and energy leases, claims, and permits. (iv) The record of any hearings held under paragraph (1). (v) Any written comments received during the notice and comment period conducted under paragraph (2). (B) Publication The Secretary of the Interior shall ensure that— (i) a report submitted to Congress under subparagraph (A) is published on the Department of the Interior Web site upon completion; and (ii) any components of the report that are completed before the entire report is finalized and submitted to Congress are published on the Department of the Interior Web site upon their completion. (4) Implementation guidelines The Secretary of the Interior, in cooperation with the States, shall develop and publish guidelines to provide for the implementation of subsection. (c) Congressional Approval of designation (1) Approval required A designation issued under subsection (a) shall cease to be effective following the last day of the 2-year period beginning on the date on which the Secretary of the Interior issued the designation, unless the report is approved by an Act of Congress on or before that last day. (2) Management of land before Approval During the period between the issuance of the report described in subsection (b)(3) and congressional approval described above, the Secretary of the Interior shall ensure that any restriction placed on land and interests, rights, or uses associated with the parcels of land designated as a national monument, including water rights, hunting, recreational shooting, grazing, timber production, vegetation manipulation to maintain forest health, off-road vehicle use, hiking, horseback riding, and mineral and energy leases, claims, and permits, is narrowly tailored and essential to the proper care and management of the objects to be protected. (3) Effect of nonapproval If Congress does not approve the report, any reservation of land made by the report, and any restriction imposed as a result of the report on interests, rights, or uses associated with the parcels of land, shall cease to be effective following the last day of the 2-year period referred to in paragraph (1). 153. Future executive branch actions (a) Effectiveness Upon enactment of this Act, no executive branch action that withdraws more than 100 acres, in the aggregate, of public lands within the United States pursuant to the Antiquities Act of 1906 ( 16 U.S.C. 431 et seq. ) or any other relevant authority shall be effective except by compliance with this section. The provisions of this subsection shall apply to executive branch actions that withdraw less than 100 acres of public land where such withdrawals are located within 100 miles of any other withdrawal of public lands. (b) Withdrawal To the extent authorized by existing law, the President or the relevant head of an agency may withdraw public lands in the United States provided that such withdrawal shall not be effective until notice is provided in the Federal Register and to the House of Representatives and the Senate. Such withdrawal shall terminate unless approved by a Federal statute not later than one year after the notice of such withdrawal has been submitted to Congress. (c) Limitation If Congress fails to pass an Act approving a withdrawal under subsection (b), the President or the relevant head of an agency shall be prohibited from withdrawing such land or a similar area of public lands until at least 5 years after the end of the time period described in subsection (b). 154. Leases for development of natural resources on Indian lands Subsection (a) of the first section of the Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases ( 25 U.S.C. 415(a) ; commonly known as the Long-term Leasing Act ) is amended by striking including the development or utilization of natural resources in connection with operations under such leases and inserting except leases for the development or utilization of natural resources and leases in connection with operations under such leases, neither of which shall require Secretarial approval under this section, . F Legal Causes and Claims Pertaining to the Leasing and Development of Federal Lands for Exploration and Production of Oil, Natural Gas, Associated Hydrocarbons, and Oil Shale 161. Oil shale, tar sands, and other strategic unconventional fuels (a) Jurisdiction Upon enactment of this Act, the Federal Energy Regulatory Commission, in lieu of the Department of the Interior, shall be granted exclusive jurisdiction and all relevant authority to implement and administer the leasing program for research and development of oil shale and tar sands and all other programs and requirements contained in section 369 of the Energy Policy Act of 2005 ( Public Law 109–58 ; 42 U.S.C. 15927 ). (b) Regulations Upon enactment of this Act and pursuant to paragraph (1), the Federal Energy Regulatory Commission shall immediately stay all regulations and guidelines promulgated by the Department of the Interior or any other agency under section 369 of the Energy Policy Act of 2005 and, notwithstanding any other law, publish proposed rules in the Federal Register not later than 6 months following enactment of this Act that fully implement as expeditiously as practicable the provisions of such section 369. The Federal Energy Regulatory Commission shall publish final rules not later than 18 months following enactment of this Act. (c) Resources The Federal Energy Regulatory Commission is authorized to request from the Department of the Interior and the Department of Energy any resources and personnel that it deems necessary to implement and administer the provisions of this subsection, and the Department of the Interior and the Department of Energy are required to provide such resources and personnel as requested. 162. Energy production on Federal lands (a) Requirement The Secretary of the Interior is directed to take sufficient actions to ensure that by January 1, 2018, not less than 10 percent of the Federal outer Continental Shelf lands and not less than 10 percent of onshore Federal lands and interests in lands that are under the Secretary’s jurisdiction are being leased for the production of energy. (b) Authorization The Secretary of the Interior shall utilize all available authority pursuant to this Act and any other Federal law, as applicable, to comply with the requirement in subsection (a). 163. Jurisdiction (a) Exclusive jurisdiction Notwithstanding any other provision of law, including section 23(c)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1349(c)(2) ), any final agency decision concerning any covered oil and natural gas activity shall be subject to judicial review only in the United States District Court for the District of Columbia. (b) Finality of leasing decisions Notwithstanding the provisions of any law or regulation to the contrary, a decision by the Bureau of Land Management or the Minerals Management Service to issue a Final Notice of Sale and proceed with an oil and gas lease sale pursuant to any authorizing leasing statute shall not be subject to further administrative review within the Department of the Interior, and shall be the final decision of the agency for purposes of judicial review. (c) Expedited review Section 390 of the Energy Policy Act of 2005 ( 42 U.S.C. 15942 ) is amended— (1) by striking be subject to a rebuttable presumption that the use of and inserting apply ; and (2) by striking would apply . 164. Judicial review (a) In general (1) Exclusive jurisdiction The United States Court of Appeals for the circuit in which a Priority Energy Project is proposed to be constructed, expanded, or operated shall have original and exclusive jurisdiction over the review of an order or action of a Federal agency or State administrative agency acting pursuant to Federal law to issue, condition, or deny any permit, license, concurrence, or approval (hereinafter in this section collectively referred to as a permit ) required under Federal law. (2) Agency delay The United States Court of Appeals for the District of Columbia shall have original and exclusive jurisdiction over the review of an alleged failure to act by a Federal agency or State administrative agency acting pursuant to Federal law to issue, condition, or deny any permit required under Federal law for a Priority Energy Project. (3) Court action (A) In general The Court shall act as expeditiously as possible for all appeals under this section. (B) Remand If a Court finds that such order or action is inconsistent with the Federal law governing such permit and would prevent the construction, expansion, or operation of the Priority Energy Project, the Court shall remand the proceeding to the agency to take appropriate action consistent with the order of the Court. If the Court remands the order or action to a Federal or State agency, the Court shall set as expeditious a schedule and deadline as possible for the agency to act on remand, and in any event shall allow not more than 90 days for agency action on remand. (C) Attorney’s fees and other expenses Attorney’s fees and other expenses of litigation shall be awarded to the prevailing party in actions challenging an agency action granting a permit for or otherwise authorizing a Priority Energy Project, but in no event shall a Priority Energy Project Developer be required to pay attorney’s fees and other expenses of litigation to a prevailing party. (4) Appeals Appeals brought pursuant to this section may only be filed within 30 days of a final agency action regarding a permit. (b) Citizen suits (1) Standing In any suit involving a Priority Energy Project brought under a citizen suit provision under a Federal law, any fact material to the standing of the party bringing the suit that is in dispute shall be adjudicated by the Court prior to the adjudication of any other issue relating to the merits of the suit. (2) Preservation of agency discretion (A) Notice of citizen suit required A party seeking to file a citizen suit pursuant to a Federal law involving a Priority Energy Project shall first notify in writing the relevant agency and the Priority Energy Project Developer of its intent to file a citizen suit, the claims it intends to bring, and all relevant statutory and regulatory provisions. (B) Determination required (i) In general Not later than 60 days following receipt of such notice, the agency shall exercise discretion in determining whether enforcement of the claims described in such notice are an appropriate use of agency resources. (ii) Dismissal required If the agency determines such claims are not an appropriate use of agency resources, the citizen suit shall be not be considered authorized under relevant Federal law and if filed shall be immediately dismissed by the Court. (iii) Agency response required If the agency determines such claims are an appropriate use of agency resources, the agency shall have a period of 24 months to act in response to such claims, including by bringing an enforcement action or by consulting with the Priority Energy Project Developer, before the citizen suit shall be considered authorized under relevant Federal law. Upon the request of the Priority Energy Project Developer, the agency must allow for an additional 24 months to act in response to such claims. (C) Citizen suit authorized After the 24-month period, or 48-month period, as applicable, described in subparagraph (B)(iii) has expired, if the agency publishes a notice in the Federal Register expressly stating that it declines to address the claims described by the party seeking to file a citizen suit as described pursuant to subparagraph (A), then such party is authorized to file a citizen suit under relevant Federal law. The agency is prohibited from publishing such notice if the Priority Energy Project Developer has consulted with the agency and taken remedial action regarding the claims contained in the notice described in paragraph (A). (D) Attorneys fees and expenses In a citizen suit filed pursuant a Federal law that involves a Priority Energy Project, a Priority Energy Project Developer shall not be required to pay attorneys fees and expenses to a prevailing party. (3) Settlements Notwithstanding any other provision of law, no Federal agency shall enter into a settlement agreement arising from a citizen suit subject to this subsection that would require the reallocation of agency resources that had been previously allocated by law or regulation. 165. Time for filing petition for judicial review; standing, filing of record (a) Deadline All petitions for judicial review of covered oil and natural gas activities must be filed within 45 days of the final agency decision or the challenge shall be barred. (b) Standing Only persons whose legal rights will be directly and adversely affected by the challenged action, and who are within the zone of interest protected by each Act under which the challenge is brought, shall have standing to file any petition for judicial review of covered oil and natural gas activities. (c) Limitation Nothing in this section creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or approval. (d) Consolidated record When any civil action is brought concerning any covered oil and natural gas activity, the Federal agencies involved shall immediately prepare for the court the consolidated record compiled for the challenged decision. (e) Completion of review The court shall complete all judicial review, including rendering a judgment, before the end of the 210-day period beginning on the date on which a petition is filed that is subject to this subtitle, unless all parties to such proceeding agree to an extension of such period. (f) Expedited mandamus review Notwithstanding subsection (e), within 30 days after the filing of an action that is subject to this subtitle, the court shall issue a decision either compelling permit issuance or establishing a schedule that enables the most expeditious possible completion of proceedings. The court may issue orders to enforce any schedule it establishes under this subsection. (g) No private right of action Except as expressly provided in this section, this subtitle shall not be construed to create any additional right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity, by a person against the United States, its agencies, its officers, or any person. 166. Limitation on scope of review and relief (a) Prospective relief In any proceeding for judicial review that is subject to this subtitle, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a Federal law requirement, and is the least intrusive means necessary to correct the violation. (b) Effectiveness of agency decision pending judicial review Final agency decisions relating to covered oil and natural gas activities shall be effective pending any judicial review of such decisions unless the Court issues an order staying the effect of the decision. 167. Exclusion This subtitle shall not apply to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof. G Development of Solar and Wind Energy on Public Land 171. Definitions In this subtitle: (1) Covered land The term covered land means land that is— (A) (i) public land administered by the Secretary; or (ii) National Forest System land administered by the Secretary of Agriculture; and (B) not excluded from the development of solar or wind energy under— (i) a land use plan established under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (ii) a land use plan established under the National Forest Management Act of 1976 ( 16 U.S.C. 1600 et seq. ); or (iii) other law. (2) Pilot program The term pilot program means the wind and solar leasing pilot program established under section 173(a). (3) Public land The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (4) Secretaries The term Secretaries means— (A) in the case of public land administered by the Secretary, the Secretary; and (B) in the case of National Forest System land administered by the Secretary of Agriculture, the Secretary of Agriculture. (5) Secretary The term Secretary means the Secretary of the Interior. 172. Programmatic environmental impact statements and land use planning (a) National forest system land As soon as practicable but not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture shall— (1) prepare and publish in the Federal Register a notice of intent to prepare a programmatic environmental impact statement in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) to analyze the potential impacts of— (A) a program to develop solar and wind energy on National Forest System land administered by the Secretary of Agriculture; and (B) any necessary amendments to land use plans for the land; and (2) amend any land use plans as appropriate to provide for the development of energy resources in areas considered appropriate by the Secretary of Agriculture immediately on completion of the programmatic environmental impact statement. (b) Effect on processing applications The requirement for completion of programmatic environmental impact statements under this section shall not result in any delay in processing or approving applications for wind or solar development on public land administered by the Secretary or on National Forest System land. (c) Military installations (1) Report (A) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Interior, shall conduct a study, and prepare a report, that— (i) identifies locations on land withdrawn from the public domain and reserved for military purposes that— (I) exhibit a high potential for solar, wind, geothermal, or other energy resources production; (II) are disturbed or otherwise have comparatively low value for other resources; and (III) could be developed for energy production in a manner consistent with all present and reasonably foreseeable military training and operational missions and research, development, testing, and evaluation requirements; and (ii) describes the administration of public land withdrawn for military purposes for the development of commercial-scale energy projects, including the legal authorities governing authorization for that use. (B) Recommendations The report shall include recommendations on— (i) necessary changes in any law (including regulations); (ii) whether the authorization for the use of the land for development of energy projects should be pursuant to lease, contract, right-of-way, permit, or other form of authorization; (iii) methods of improving coordination among the Federal, State, and local agencies, if any, involved in authorizing the projects; and (iv) disposition of revenues resulting from the development of energy projects on the land. (2) Environmental impact analysis Not later than 1 year after the completion of the study required by paragraph (1), the Secretary of Defense, in consultation with the Secretary of the Interior, shall prepare and publish in the Federal Register a notice of intent to prepare an environmental impact analysis document to support a program to develop energy resources on withdrawn military land identified in the study as suitable for the production. (3) Reports On completion of the report, the Secretary and the Secretary of Defense shall jointly submit the report required by paragraph (1) to— (A) the Committee on Armed Services of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Armed Services of the House of Representatives; and (D) the Committee on Natural Resources of the House of Representatives. 173. Development of solar and wind energy on public land (a) Pilot program (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a wind and solar leasing pilot program on covered land administered by the Secretary. (2) Selection of sites (A) In general Not later than 90 days after the date the pilot program is established under this subsection, the Secretary shall (taking into consideration the multiple resource values of the land) select 2 sites that are appropriate for the development of a solar energy project, and 2 sites that are appropriate for the development of a wind energy project, on covered land administered by the Secretary as part of the pilot program. (B) Site selection In carrying out subparagraph (A), the Secretary shall seek to select sites— (i) for which there is likely to be a high level of industry interest; (ii) that have a comparatively low value for other resources; and (iii) that are representative of sites on which solar or wind energy is likely to be developed on covered land. (C) Ineligible sites The Secretary shall not select as part of the pilot program any site for which a right-of way for site testing or construction has been issued. (3) Qualifications Prior to any lease sale, the Secretary shall establish qualifications for bidders that ensure bidders— (A) are able to expeditiously develop a wind or solar energy project on the site for lease; (B) possess— (i) financial resources necessary to complete a project; (ii) knowledge of the applicable technology; and (iii) such other qualifications as are determined appropriate by the Secretary; and (C) meet the eligibility requirements for leasing under the first section of the Mineral Leasing Act ( 30 U.S.C. 181 ). (4) Lease sales (A) In general Except as provided in subparagraph (D)(ii), not later than 180 days after the date sites are selected under paragraph (2), the Secretary shall offer each site for competitive leasing to qualified bidders under such terms and conditions as are required by the Secretary. (B) Bidding systems (i) In general In offering the sites for lease, the Secretary may vary the bidding systems to be used at each lease sale, including— (I) cash bonus bids with a requirement for payment of the royalty established under this Act; (II) variable royalty bids based on a percentage of the gross proceeds from the sale of electricity produced from the lease, except that the royalty shall not be less than the royalty required under this Act, together with a fixed cash bonus; and (III) such other bidding system as ensures a fair return to the public consistent with the royalty established under this Act. (ii) Round The Secretary shall limit bidding to 1 round in any lease sale. (iii) Expenditures In any case in which the land that is subject to lease has 1 or more pending applications for the development of wind or solar energy at the time of the lease sale, the Secretary shall give credit toward any bid submitted by the applicant for expenditures of the applicant considered by the Secretary to be qualified and necessary for the preparation of the application. (C) Revenues Bonus bids, royalties, rentals, fees, or other payments collected by the Secretary under this section shall be subject to section 174. (D) Lease terms (i) In general As part of the pilot program, the Secretary may vary the length of the lease terms and establish such other lease terms and conditions as the Secretary considers appropriate. (ii) Data collection As part of the pilot program, the Secretary shall— (I) offer on a noncompetitive basis on at least 1 site a short-term lease for data collection; and (II) on the expiration of the short-term lease, offer on a competitive basis a long-term lease, giving credit toward the bonus bid to the holder of the short-term lease for any qualified expenditures to collect data to develop the site during the short-term lease. (5) Compliance with laws In offering for lease the selected sites under paragraph (4), the Secretary shall comply with all applicable environmental and other laws. (6) Report The Secretary shall— (A) compile a report of the results of each lease sale under the pilot program, including— (i) the level of competitive interest; (ii) a summary of bids and revenues received; and (iii) any other factors that may have impacted the lease sale process; and (B) not later than 90 days after the final lease sale, submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives the report described in subparagraph (A). (7) Rights-of-way During the pendency of the pilot program, the Secretary shall continue to issue rights-of-way, in compliance with authority in effect on the date of enactment of this Act, for available sites not selected for the pilot program. (b) Secretarial determination (1) In general Not later than 2 years after the date of enactment of this Act, the Secretaries shall make a joint determination on whether to establish a leasing program under this section for wind or solar energy, or both, on all covered land. (2) System If the Secretaries determine that a leasing program should be established, the program shall apply to all covered land in accordance with this Act and other provisions of law applicable to public land or National Forest System land. (3) Establishment The Secretaries shall establish a leasing program unless the Secretaries determine that the program— (A) is not in the public interest; and (B) does not provide an effective means of developing wind or solar energy. (4) Consultation In making the determinations required under this subsection, the Secretaries shall consult with— (A) the heads of other relevant Federal agencies; (B) interested States, Indian tribes, and local governments; (C) representatives of the solar and wind industries; (D) representatives of the environment, conservation, and outdoor sporting communities; (E) other users of the covered land; and (F) the public. (5) Considerations In making the determinations required under this subsection, the Secretaries shall consider the results of the pilot program. (6) Regulations Not later than 1 year after the date on which any determination is made to establish a leasing program, the Secretaries shall jointly promulgate final regulations to implement the program. (7) Report If the Secretaries determine that a leasing program should not be established, not later than 60 days after the date of the determination, the Secretaries shall jointly submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the basis and findings for the determination. (c) Transition (1) In general If the Secretaries determine under subsection (b) that a leasing program should be established for covered land, until the program is established and final regulations for the program are issued— (A) the Secretary shall continue to accept applications for rights-of-way on covered land, and provide for the issuance of rights-of-way on covered land within the jurisdiction of the Secretary for the development of wind or solar energy pursuant to each requirement described in title V of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 et seq. ) and other applicable law; and (B) the Secretary of Agriculture shall continue to accept applications for authorizations, and provide for the issuance of the authorizations, for the development of wind or solar energy on covered land within the jurisdiction of the Secretary pursuant to applicable law. (2) Existing rights-of-way and authorizations (A) In general Effective beginning on the date on which the wind or solar leasing programs are established and final regulations are issued, the Secretaries shall not renew an existing right-of-way or other authorization for wind or solar energy development at the end of the term of the right-of-way or authorization. (B) Lease (i) In general Subject to clause (ii), at the end of the term of the right-of-way or other authorization for the wind or solar energy project, the Secretary or, in the case of National Forest System land, the Secretary of Agriculture, shall grant, without a competitive process, a lease to the holder of the right-of-way or other authorization for the same covered land as was authorized under the right-of-way or other authorization if (as determined by the Secretary concerned)— (I) the holder of the right-of-way or other authorization has met the requirements of diligent development; and (II) issuance of the lease is in the public interest and consistent with applicable law. (ii) Terms and conditions Any lease described in clause (i) shall be subject to— (I) terms and conditions that are consistent with this Act and the regulations issued under this Act; and (II) the regulations in effect on the date of renewal and any other terms and conditions that the Secretary considers necessary to protect the public interest. (3) Pending rights-of-way Effective beginning on the date on which the wind or solar leasing programs are established and final regulations for the programs are issued, the Secretary or, with respect to National Forest System land, the Secretary of Agriculture shall provide any applicant that has filed a plan of development for a right-of-way or, in the case of National Forest System land, for an applicable authorization, for a wind or solar energy project with an option to acquire a lease on a noncompetitive basis, under such terms and conditions as are required by this Act, applicable regulations, and the Secretary concerned, for the same covered land included in the plan of development if— (A) the plan of development has been determined by the Secretary concerned to be adequate for the initiation of environmental review; (B) granting the lease is consistent with all applicable land use planning, environmental, and other laws; (C) the applicant has made a good faith effort to obtain a right-of-way or, in the case of National Forest System land, other authorization, for the project; and (D) issuance of the lease is in the public interest. (d) Leasing program If the Secretaries determine under subsection (b) that a leasing program should be established, the program shall be established in accordance with subsections (e) through (k). (e) Competitive leases (1) In general Except as provided in paragraph (2), leases for wind or solar energy development under this section shall be issued on a competitive basis with a single round of bidding in any lease sale. (2) Exceptions Paragraph (1) shall not apply if the Secretary or, with respect to National Forest System land, the Secretary of Agriculture determines that— (A) no competitive interest exists for the covered land; (B) the public interest would not be served by the competitive issuance of a lease; (C) the lease is for the placement and operation of a meteorological or data collection facility or for the development or demonstration of a new wind or solar technology and has a term of not more than 5 years; or (D) the covered land is eligible to be granted a noncompetitive lease under subsection (c). (f) Payments (1) In general The Secretaries shall jointly establish fees, rentals, bonuses, or other payments to ensure a fair return to the United States for any lease issued under this section. (2) Bonus bids The Secretaries may grant credit toward any bonus bid for a qualified expenditure by the holder of a lease described in subsection (e)(2)(C) in any competitive lease sale held for a long-term lease covering the same land covered by the lease described in subsection (e)(2)(C). (g) Qualifications Prior to any lease sale, the Secretary shall establish qualifications for bidders that ensure bidders meet the requirements described in subsection (a)(3). (h) Requirements The Secretaries shall ensure that any activity under a leasing program is carried out in a manner that— (1) is consistent with all applicable land use planning, environmental, and other laws; and (2) provides for— (A) safety; (B) protection of the environment and fish and wildlife habitat; (C) mitigation of impacts; (D) prevention of waste; (E) diligent development of the resource, with specific milestones to be met by the lessee as determined by the Secretaries; (F) coordination with applicable Federal agencies; (G) a fair return to the United States for any lease; (H) use of best management practices, including planning and practices for mitigation of impacts; (I) public notice and comment on any proposal submitted for a lease under this section; (J) oversight, inspection, research, monitoring, and enforcement relating to a lease under this section; (K) the quantity of acreage to be commensurate with the size of the project covered by a lease; and (L) efficient use of water resources. (i) Lease duration, suspension, and cancellation (1) Duration A lease under this section shall be for— (A) an initial term of 25 years; and (B) any additional period after the initial term during which electricity is being produced annually in commercial quantities from the lease. (2) Administration The Secretary shall establish terms and conditions for the issuance, transfer, renewal, suspension, and cancellation of a lease under this section. (3) Readjustment (A) In general Royalties, rentals, and other terms and conditions of a lease under this section shall be subject to readjustment— (i) on the date that is 15 years after the date on which the lease is issued; and (ii) every 10 years thereafter. (B) Lease Each lease issued under this Act shall provide for readjustment in accordance with subparagraph (A). (j) Surface-Disturbing activities The Secretaries shall— (1) regulate all surface-disturbing activities conducted pursuant to any lease issued under this section; and (2) require any necessary reclamation and other actions under the lease as are required in the interest of conservation of surface resources. (k) Security The Secretaries shall require the holder of a lease issued under this section— (1) to furnish a surety bond or other form of security, as prescribed by the Secretaries; (2) to provide for the reclamation and restoration of the area covered by the lease; and (3) to comply with such other requirements as the Secretaries consider necessary to protect the interests of the public and the United States. (l) Periodic review Not less frequently than once every 5 years, the Secretary shall conduct a review of the adequacy of the surety bond or other form of security provided by the holder of a lease issued under this section. 174. Disposition of revenues (a) Disposition of revenues Of the amounts collected as bonus bids, royalties, rentals, fees, or other payments under a right-of-way, permit, lease, or other authorization for the development of wind or solar energy on covered land— (1) 25 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the income is derived; (2) 25 percent shall be paid by the Secretary of the Treasury to the 1 or more counties within the boundaries of which the income is derived; and (3) 50 percent shall be deposited in the Treasury of the United States. (b) Payments to States and counties Amounts paid to States and counties under subsection (a) shall be used consistent with section 35 of the Mineral Leasing Act ( 30 U.S.C. 191 ). H Miscellaneous Provisions 181. Military operations The Secretary shall consult with the Secretary of Defense regarding military operations needs in the waters of the outer Continental Shelf. The Secretary shall work with the Secretary of Defense to resolve any conflicts that might arise between such operations and leasing under this subtitle. If the Secretaries are unable to resolve all such conflicts, any unresolved issues shall be referred by the Secretaries to the President within 90 days for immediate resolution. 182. Environmental sensitivity analysis under the program (a) Environmental Sensitivity Index The Environmental Sensitivity Index, developed by the National Oceanic and Atmospheric Administration, which considers the sensitivity of different shoreline areas to oil spills, and the ranking under the program of the areas of the outer Continental Shelf based upon the Environmental Sensitivity Index, satisfies the requirements of section 18 of the Act ( 43 U.S.C. 1344 ), including the requirement to consider the relative environmental sensitivity of different areas of the outer Continental Shelf under section 18(a)(2)(G) of the Act ( 43 U.S.C. 1344(a)(2)(G) ). (b) Program deemed sufficient The Final Outer Continental Shelf Oil and Gas Leasing Program, 2007–2012, is deemed to meet all requirements of section 18 of the Act ( 43 U.S.C. 1344 ) and is effective as of the date on which the Secretary made that program effective. 183. Validity of existing leases Any lease heretofore issued pursuant to a lease sale held under the Final Outer Continental Shelf Oil and Gas Leasing Program, 2007–2012, including any lease issued pursuant to Lease Sale 193 or 213, is deemed to be in full compliance with the Act and all other legal requirements. 184. Integrity of lease sales and leasing schedule (a) Leasing during judicial or administrative review Section 18(d)(3) of the Act ( 43 U.S.C. 1344(d)(3) ) is amended to read as follows: (3) After the leasing program has been approved by the Secretary, except as otherwise provided by applicable law, no lease shall be issued unless it is for an area included in the approved leasing program and unless it contains provisions consistent with the approved leasing program, except that leasing shall continue for so long as such program is under judicial or administrative review pursuant to this Act, including any administrative review occasioned by the remand of such program as a result of judicial review. Any lease issued pursuant to a lease sale held in the period that the approved leasing program is under judicial or administrative review is deemed to have been issued pursuant to an approved leasing program. . (b) Court action upon appeal The last sentence of section 23(c)(6) of the Act ( 43 U.S.C. 1349(c)(6) ) is amended to read as follows: The court may affirm or modify any order or decision or may remand the proceedings to the Secretary for such further action as it may direct. . 185. Authority to conduct offshore drilling under approved permits (a) In general Subject to subsection (b), each holder of a permit issued pursuant to an application for a permit to drill, including an application for a permit to sidetrack, that was approved by the Minerals Management Service before May 3, 2010, for purposes of outer Continental Shelf energy exploration or development and production may conduct all operations authorized under the terms of the permit (including all exploration plans, development operations coordination documents, and development production plans submitted for the permit)— (1) without further review by the Bureau of Ocean Energy Management, Regulation and Enforcement and Bureau of Safety and Environmental Enforcement; and (2) without further review or delay under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or any other similar statutes, including the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) or the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ). (b) Operations Operations conducted under subsection (a) shall be carried out in accordance with the safety protocols contained in part 250 of title 30, Code of Federal Regulations. (c) Review of compliance This section does not prohibit review of compliance with the terms of such a permit. 186. Time requirement to act on oil and natural gas drilling permits Subsection (d) of section 11 of the Act ( 43 U.S.C. 1340 ) is amended by designating the existing text as paragraph (1) and adding at the end the following: (2) (A) The Secretary shall approve or disapprove any application for a permit for drilling a well under an approved exploration or development plan, or any application to amend a previously approved permit, within 30 days after its submission, except that the Secretary may disapprove such permit only upon a determination that— (i) any proposed activity under the permit would result in any condition described in section 5(a)(2)(A)(i); and (ii) such proposed activity cannot be modified to avoid such condition. (B) The Secretary may request additional information from the applicant prior to approving or disapproving such application, but the request for additional information must be received by the applicant within 15 days after submission of the application to the Secretary. Upon receipt of the additional information requested by the Secretary, the Secretary shall approve or disapprove the application within 15 days in accordance with this subsection. If the Secretary disapproves a permit application or an amended permit application pursuant to this subsection, and there is no other well on the lease tract capable of production in paying quantities, within 90 days after receipt of a final disapproval decision all record title holders of the lease may request cancellation of the lease, and within 60 days after receipt of such cancellation request the Secretary shall pay to the record title holders the amount of any bonus bid paid for such lease. The Secretary shall make such payment from amounts that otherwise would be credited to miscellaneous receipts pursuant to section 9. . 187. Timely issuance of onshore oil and gas leases Section 17(a)(1) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1)(A) ) is amended by striking Leases shall be issued within 60 days following payment by the successful bidder of the remainder of the bonus bid, if any, and the annual rental for the first lease year. and inserting Unless the Secretary issues a lease sooner, leases shall automatically issue exactly 60 days following payment by the successful bidder of the remainder of the bonus bid, if any, and the annual rental for the first lease year. The filing of any protest to the sale or issuance of a lease shall not act to extend the date by which the lease is to be issued following payment by the successful bidder under the preceding sentence, nor shall the issuance of a lease be delayed or deferred beyond 60 days following payment by the successful bidder pending resolution of a protest to the sale or issuance of the lease. . 188. State auditing Where authority is ceded to States to audit processing and transportation for purposes of royalty calculation under section 205 of the Royalty Simplification and Fairness Act of 1996, State auditors shall provide background methodology and supporting detail to the payor for audit findings; including formulas and supporting worksheets detailing the calculations used when costs from processing plants and transportation providers are disallowed by the State auditor. The State shall seek written authority from the processors and transporters to provide this information when necessary and requested. II Continental Pipeline Approval 201. Keystone XL permit approval Notwithstanding Executive Order No. 13337 ( 3 U.S.C. 301 note), Executive Order No. 11423 ( 3 U.S.C. 301 note), section 301 of title 3, United States Code, and any other Executive order or provision of law, no Presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. The final environmental impact statement issued by the Secretary of State on August 26, 2011, coupled with the Final Evaluation Report described in the previous sentence, shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and of the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ). 202. Judicial review (a) Exclusive jurisdiction Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine— (1) the validity of any final order or action (including a failure to act) of any Federal agency or officer with respect to issuance of a permit relating to the construction or maintenance of the Keystone XL pipeline, including any final order or action deemed to be taken, made, granted, or issued; (2) the constitutionality of any provision of this Act, or any decision or action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this Act; or (3) the adequacy of any environmental impact statement prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), or of any analysis under any other Act, with respect to any action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this Act. (b) Deadline for filing claim A claim arising under this Act may be brought not later than 60 days after the date of the decision or action giving rise to the claim. (c) Expedited consideration The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant oil reserves in Canada that are needed to meet the demand for oil. 203. American burying beetle (a) Findings The Congress finds that— (1) environmental reviews performed for the Keystone XL pipeline project satisfy the requirements of section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a)(2) ) in its entirety; and (2) for purposes of that Act, the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat. (b) Biological opinion The Secretary of the Interior is deemed to have issued a written statement setting forth the Secretary’s opinion containing such findings under section 7(b)(1)(A) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(b)(1)(A) ) and any taking of the American burying beetle that is incidental to the construction or operation and maintenance of the Keystone XL pipeline as it may be ultimately defined in its entirety, shall not be considered a prohibited taking of such species under such Act. 204. Right-of-way and temporary use permit The Secretary of the Interior is deemed to have granted or issued a grant of right-of-way and temporary use permit under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ) and the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), as set forth in the application tendered to the Bureau of Land Management for the Keystone XL pipeline. 205. Permits for activities in navigable waters (a) Issuance of permits The Secretary of the Army, not later than 90 days after receipt of an application therefor, shall issue all permits under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) and section 10 of the Act of March 3, 1899 ( 33 U.S.C. 403 ; commonly known as the Rivers and Harbors Appropriations Act of 1899), necessary for the construction, operation, and maintenance of the pipeline described in the May 4, 2012, application referred to in section 201, as supplemented by the Nebraska reroute. The application shall be based on the administrative record for the pipeline as of the date of enactment of this Act, which shall be considered complete. (b) Waiver of procedural requirements The Secretary may waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this section. (c) Issuance in absence of action by the Secretary If the Secretary has not issued a permit described in subsection (a) on or before the last day of the 90-day period referred to in subsection (a), the permit shall be deemed issued under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) or section 10 of the Act of March 3, 1899 ( 33 U.S.C. 403 ), as appropriate, on the day following such last day. (d) Limitation The Administrator of the Environmental Protection Agency may not prohibit or restrict an activity or use of an area that is authorized under this section. 206. Migratory Bird Treaty Act permit The Secretary of the Interior is deemed to have issued a special purpose permit under the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq. ), as described in the application filed with the United States Fish and Wildlife Service for the Keystone XL pipeline on January 11, 2013. 207. Oil spill response plan disclosure (a) In general Any pipeline owner or operator required under Federal law to develop an oil spill response plan for the Keystone XL pipeline shall make such plan available to the Governor of each State in which such pipeline operates to assist with emergency response preparedness. (b) Updates A pipeline owner or operator required to make available to a Governor a plan under subsection (a) shall make available to such Governor any update of such plan not later than 7 days after the date on which such update is made. III Radiological Material Repository 301. Radiological material repository (a) Repository required The Federal Government shall site and permit at least one radiological material geologic repository for the disposal of radiological material. (b) Yucca mountain (1) In general The repository site at Yucca Mountain shall remain the site for the Nation’s radiological material repository following full statutory review of the Department of Energy’s license application to construct the Yucca Mountain repository. (2) Application The Nuclear Regulatory Commission shall continue to review the Department of Energy’s pending license application to construct the repository at Yucca Mountain until a determination is made on the merits of the application. (c) Deadlines (1) Suitability determination Not later than 90 days after the enactment of this Act, the Nuclear Regulatory Commission shall make a determination regarding the suitability of Yucca Mountain under subsection (a). (2) Action on Application Not later than 180 days after the enactment of this Act, the Nuclear Regulatory Commission shall approve the application under subsection (b). (d) Limitations on amount of radiological material All statutory limitations on the amount of radiological material that can be placed in Yucca Mountain are hereby removed and shall be replaced by the Nuclear Regulatory Commission with new limits based on scientific and technical analysis of the full capacity of Yucca Mountain for the storage of radiological material. IV Relief From Regulations and Prohibitions That Cause Artificial Price Increases 401. Endangered Species Act of 1973 reform The Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) is amended— (1) by striking best scientific and commercial data available each place it appears and inserting best scientific and economic data available at the time, including analysis of the costs and benefits of the matter under consideration ; and (2) by adding at the end the following: 19. Scope Nothing in this Act shall be construed to authorize the use of this Act or the rules and regulations promulgated pursuant to this Act to regulate greenhouse gas emissions. . 402. Repeal of EPA climate change regulation (a) Greenhouse gas regulation under clean air act Section 302(g) of the Clean Air Act ( 42 U.S.C. 7602(g) ) is amended by adding the following at the end thereof: The term air pollutant does not include carbon dioxide, water vapor, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride. . (b) No regulation of climate change Nothing in the Clean Air Act ( 42 U.S.C. 7401 et seq. ), the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), or the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ), shall be treated as authorizing or requiring the regulation of climate change or global warming. 403. Repeal of Federal ban on synthetic fuels purchasing requirement Section 526 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17142 ) is repealed. 404. Repeal of ethanol mandates Section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ; relating to the Renewable Fuel Program) is repealed. V Refinery Reform 501. Refinery permitting process (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Expansion The term expansion means a physical change that results in an increase in the capacity of a refinery. (3) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (4) Permit The term permit means any permit, license, approval, variance, or other form of authorization that a refiner is required to obtain— (A) under any Federal law; or (B) from a State or Indian tribal government agency delegated authority by the Federal Government, or authorized under Federal law, to issue permits. (5) Refiner The term refiner means a person that— (A) owns or operates a refinery; or (B) seeks to become an owner or operator of a refinery. (6) Refinery (A) In general The term refinery means— (i) a facility at which crude oil is refined into transportation fuel or other petroleum products; and (ii) a coal liquification or coal-to-liquid facility at which coal is processed into synthetic crude oil or any other fuel. (B) Inclusions The term refinery includes an expansion of a refinery. (7) Refinery permitting agreement The term refinery permitting agreement means an agreement entered into between the Administrator and a State or Indian tribe under subsection (b). (8) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (b) Streamlining of refinery permitting process (1) In general At the request of the Governor of a State or the governing body of an Indian tribe, the Administrator shall enter into a refinery permitting agreement with the State or Indian tribe under which the process for obtaining all permits necessary for the construction and operation of a refinery shall be streamlined using a systematic interdisciplinary multimedia approach as provided in this section. (2) Authority of administrator Under a refinery permitting agreement the Administrator shall have authority, as applicable and necessary, to— (A) accept from a refiner a consolidated application for all permits that the refiner is required to obtain to construct and operate a refinery; (B) in consultation and cooperation with each Federal, State, or Indian tribal government agency that is required to make any determination to authorize the issuance of a permit, establish a schedule under which each agency shall— (i) concurrently consider, to the maximum extent practicable, each determination to be made; and (ii) complete each step in the permitting process; and (C) issue a consolidated permit that combines all permits issued under the schedule established under subparagraph (B). (3) Agreement by the state Under a refinery permitting agreement, a State or governing body of an Indian tribe shall agree that— (A) the Administrator shall have each of the authorities described in paragraph (2); and (B) each State or Indian tribal government agency shall— (i) in accordance with State law, make such structural and operational changes in the agencies as are necessary to enable the agencies to carry out consolidated project-wide permit reviews concurrently and in coordination with the Environmental Protection Agency and other Federal agencies; and (ii) comply, to the maximum extent practicable, with the applicable schedule established under paragraph (2)(B). (4) Deadlines (A) New refineries In the case of a consolidated permit for the construction of a new refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than— (i) 365 days after the date of the receipt of the administratively complete application for the consolidated permit; or (ii) on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 90 days after the expiration of the deadline established under clause (i). (B) Expansion of existing refineries In the case of a consolidated permit for the expansion of an existing refinery, the Administrator and the State or governing body of an Indian tribe shall approve or disapprove the consolidated permit not later than— (i) 120 days after the date of the receipt of the administratively complete application for the consolidated permit; or (ii) on agreement of the applicant, the Administrator, and the State or governing body of the Indian tribe, 30 days after the expiration of the deadline established under clause (i). (5) Federal agencies Each Federal agency that is required to make any determination to authorize the issuance of a permit shall comply with the applicable schedule established under paragraph (2)(B). (6) Judicial review Any civil action for review of any permit determination under a refinery permitting agreement shall be brought exclusively in the United States district court for the district in which the refinery is located or proposed to be located. (7) Efficient permit review In order to reduce the duplication of procedures, the Administrator shall use State permitting and monitoring procedures to satisfy substantially equivalent Federal requirements under this title. (8) Severability If 1 or more permits that are required for the construction or operation of a refinery are not approved on or before any deadline established under paragraph (4), the Administrator may issue a consolidated permit that combines all other permits that the refiner is required to obtain other than any permits that are not approved. (9) Savings Nothing in this subsection affects the operation or implementation of otherwise applicable law regarding permits necessary for the construction and operation of a refinery. (10) Consultation with local governments Congress directs the Administrator, States, and tribal governments to consult, to the maximum extent practicable, with local governments in carrying out this subsection. (11) Effect on local authority Nothing in this subsection affects— (A) the authority of a local government with respect to the issuance of permits; or (B) any requirement or ordinance of a local government (such as a zoning regulation). 502. Existing refinery permit application deadline Notwithstanding any other provision of law, applications for a permit for existing refinery applications shall not be considered to be timely if submitted after 120 days after the date of enactment of this Act. 503. New refining capacity on closed military installations (a) Definitions For purposes of this section— (1) the term base closure law means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) and title II of the Defense Authorization Amendments and Base Closure and Realignment Act ( Public Law 100–526 ; 10 U.S.C. 2687 note); (2) the term closed military installation means a military installation closed or approved for closure pursuant to a base closure law; (3) the term designated refinery means a refinery designated under subsection (b)(1); (4) the term Federal refinery authorization — (A) means any authorization required under Federal law, whether administered by a Federal or State administrative agency or official, with respect to siting, construction, expansion, or operation of a refinery; and (B) includes any permits, special use authorizations, certifications, opinions, or other approvals required under Federal law with respect to siting, construction, expansion, or operation of a refinery; (5) the term refinery means— (A) a facility designed and operated to receive, load, unload, store, transport, process, and refine crude oil by any chemical or physical process, including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, and any combination thereof, in order to produce gasoline or other fuel; or (B) a facility designed and operated to receive, load, unload, store, transport, process, and refine coal by any chemical or physical process, including liquefaction, in order to produce gasoline, diesel, or other liquid fuel as its primary output; (6) the term Secretary means the Secretary of Energy; and (7) the term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (b) State participation and presidential designation (1) Designation requirement Not later than 90 days after the date of enactment of this Act, the President shall designate no less than 3 closed military installations, or portions thereof, subject to paragraph (3)(B), that are appropriate for the purposes of siting a refinery. (2) Analysis of refinery sites In considering any site for possible designation under paragraph (1), the President shall conduct an analysis of— (A) the availability of crude oil supplies to the site, including supplies from domestic production of shale oil and tar sands and other strategic unconventional fuels; (B) the distribution of the Nation’s refined petroleum product demand; (C) whether such site is in close proximity to substantial pipeline infrastructure, including both crude oil and refined petroleum product pipelines, and potential infrastructure feasibility; (D) the need to diversify the geographical location of the domestic refining capacity; (E) the effect that increased refined petroleum products from a refinery on that site may have on the price and supply of gasoline to consumers; (F) the impact of locating a refinery on the site on the readiness and operations of the Armed Forces; and (G) such other factors as the President considers appropriate. (3) Sale or disposal (A) Designation Except as provided in subparagraph (B), until the expiration of 2 years after the date of enactment of this Act, the Federal Government shall not sell or otherwise dispose of the military installations designated pursuant to paragraph (1). (B) Governor’s objection No site may be used for a refinery under this section if, not later than 60 days after designation of the site under paragraph (1), the Governor of the State in which the site is located transmits to the President an objection to the designation, unless, not later than 60 days after the President receives such objection, the Congress has by law overridden the objection. (4) Redevelopment authority With respect to a closed military installation, or portion thereof, designated by the President as a potentially suitable refinery site pursuant to paragraph (1)— (A) the redevelopment authority for the installation, in preparing or revising the redevelopment plan for the installation, shall consider the feasibility and practicability of siting a refinery on the installation; and (B) the Secretary of Defense, in managing and disposing of real property at the installation pursuant to the base closure law applicable to the installation, shall give substantial deference to the recommendations of the redevelopment authority, as contained in the redevelopment plan for the installation, regarding the siting of a refinery on the installation. (c) Process coordination and rules of procedure (1) Designation as Lead Agency (A) In general The Department of Energy shall act as the lead agency for the purposes of coordinating all applicable Federal refinery authorizations and related environmental reviews with respect to a designated refinery. (B) Other agencies Each Federal and State agency or official required to provide a Federal refinery authorization shall cooperate with the Secretary and comply with the deadlines established by the Secretary. (2) Schedule (A) Secretary’s authority to set schedule The Secretary shall establish a schedule for all Federal refinery authorizations with respect to a designated refinery. In establishing the schedule, the Secretary shall— (i) ensure expeditious completion of all such proceedings; and (ii) accommodate the applicable schedules established by Federal law for such proceedings. (B) Failure to meet schedule If a Federal or State administrative agency or official does not complete a proceeding for an approval that is required for a Federal refinery authorization in accordance with the schedule established by the Secretary under this paragraph, the applicant may pursue remedies under paragraph (4). (3) Consolidated Record The Secretary shall, with the cooperation of Federal and State administrative agencies and officials, maintain a complete consolidated record of all decisions made or actions taken by the Secretary or by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to any Federal refinery authorization. Such record shall be the record for judicial review under paragraph (4) of decisions made or actions taken by Federal and State administrative agencies and officials, except that, if the Court determines that the record does not contain sufficient information, the Court may remand the proceeding to the Secretary for further development of the consolidated record. (4) Judicial Review (A) In general The United States Court of Appeals for the District of Columbia shall have original and exclusive jurisdiction over any civil action for the review of— (i) an order or action, related to a Federal refinery authorization, by a Federal or State administrative agency or official; and (ii) an alleged failure to act by a Federal or State administrative agency or official acting pursuant to a Federal refinery authorization. The failure of an agency or official to act on a Federal refinery authorization in accordance with the Secretary’s schedule established pursuant to paragraph (2) shall be considered inconsistent with Federal law for the purposes of subparagraph (B) of this paragraph. (B) Court action If the Court finds that an order or action described in subparagraph (A)(i) is inconsistent with the Federal law governing such Federal refinery authorization, or that a failure to act as described in subparagraph (A)(ii) has occurred, and the order, action, or failure to act would prevent the siting, construction, expansion, or operation of the designated refinery, the Court shall remand the proceeding to the agency or official to take appropriate action consistent with the order of the Court. If the Court remands the order, action, or failure to act to the Federal or State administrative agency or official, the Court shall set a reasonable schedule and deadline for the agency or official to act on remand. (C) Secretary’s action For any civil action brought under this paragraph, the Secretary shall promptly file with the Court the consolidated record compiled by the Secretary pursuant to paragraph (3). (D) Expedited review The Court shall set any civil action brought under this paragraph for expedited consideration. (E) Attorney’s fees In any action challenging a Federal refinery authorization that has been granted, reasonable attorney’s fees and other expenses of litigation shall be awarded to the prevailing party. This subparagraph shall not apply to any action seeking remedies for denial of a Federal refinery authorization or failure to act on an application for a Federal refinery authorization. VI Repeal of Energy Tax Subsidies 600. Amendment of 1986 code Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. 601. Corporate and Individual income tax rates reduced (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe rates of tax in accordance with subsection (b) so that such rates as the Secretary estimates would result in— (1) a decrease in revenue to the Treasury for taxable years beginning during the 10-year period beginning on the date of the enactment of this Act, equal to (2) the increase in revenue for such taxable years by reason of the amendments made by title I of this Act. (b) Prescribed rates in lieu of statutory rates For purposes of determining the decrease in revenues under subsection (a)(1)— (1) Corporate income tax rate In determining a flat rate of tax in lieu of the rates of tax under paragraphs (1) and (2) of section 11(b), section 1201(a), and paragraphs (1), (2), and (6) of section 1445(e) of the Internal Revenue Code of 1986, the Secretary shall take into account one-half of the revenue increase described in subsection (a)(2). (2) Individual 10 percent income tax rate In determining a rate of tax in lieu of the 10 percent rate under section 1(i) of the Internal Revenue Code of 1986, the Secretary shall take into account one-half of the revenue increase described in subsection (a)(2). (c) Effective date The rates of tax prescribed by the Secretary under subsection (a) shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act. 602. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures (a) In general Section 6426 is repealed. (b) Conforming amendments (1) Subparagraph (D) of section 6427(e)(6) is amended by striking September 30, 2014 and inserting December 31, 2013 . (2) Paragraph (1) of section 4101(a) is amended by striking or alcohol (as defined in section 6426(b)(4)(A) . (3) Paragraph (2) of section 4104(a) is amended by striking 6426, or 6427(e) . (4) Subparagraph (E) of section 7704(d)(1) is amended— (A) by inserting (as in effect on the day before the date of the enactment of the Energy Exploration and Production to Achieve National Demand Act ) after of section 6426 , and (B) by inserting (as so in effect) after section 6426(b)(4)(A) . (5) Paragraph (1) of section 9503(b) is amended by striking the second sentence. (c) Clerical amendment The table of sections for subchapter B of chapter 65 is amended by striking the item relating to section 6426. (d) Effective date The amendments made by this section shall apply with respect to fuel sold and used after December 31, 2014. 603. Repeal of credit for certain plug-in electric vehicles (a) In general Section 30 is repealed. (b) Conforming amendments (1) Paragraph (3) of section 24(b) is amended by striking , 30 . (2) Clause (ii) of section 25(e)(1)(C) is amended by striking , 30 . (3) Paragraph (2) of section 25B(g) is amended by striking , 30 . (4) Paragraph (1) of section 26(a) is amended by striking , 30 . (5) Subclause (VI) of section 48C(c)(1)(A)(i) is amended by inserting (as in effect on the day before the date of the enactment of the Energy Exploration and Production to Achieve National Demand Act ) after section 30(d) . (6) Paragraph (3) of section 179A(c) is amended by inserting (as in effect on the day before the date of the enactment of the Energy Exploration and Production to Achieve National Demand Act ) after section 30(c) . (7) Subsection (a) of section 1016 is amended by striking paragraph (25) and by redesignating paragraphs (26) through (37) as paragraphs (25) through (36), respectively. (8) Subsection (m) of section 6501 is amended by striking 30(e)(6) . (c) Clerical amendment The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30. (d) Effective date The amendments made by this section shall apply to vehicles acquired after December 31, 2011. 604. Early termination of credit for qualified fuel cell motor vehicles (a) In general Section 30B is repealed. (b) Conforming amendments (1) Subparagraph (A) of section 24(b)(3) is amended by striking , 30B . (2) Clause (ii) of section 25(e)(1)(C) is amended by striking , 30B . (3) Paragraph (2) of section 25B(g) is amended by striking , 30B, . (4) Paragraph (1) of section 26(a) is amended by striking , 30B . (5) Subsection (b) of section 38 is amended by striking paragraph (25). (6) Subsection (a) of section 1016 , as amended by section 602 of this Act, is amended by striking paragraph (33) and by redesignating paragraphs (34), (35), and (36) as paragraphs (33), (34), and (35), respectively. (7) Paragraph (2) of section 1400C(d) is amended by striking , 30B . (8) Subsection (m) of section 6501 is amended by striking , 30B(h)(9) . (c) Clerical amendment The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30B. (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 605. Repeal of alternative fuel vehicle refueling property credit (a) In general Section 30C is repealed. (b) Conforming amendments (1) Subsection (b) of section 38 is amended by striking paragraph (26). (2) Paragraph (3) of section 55(c) is amended by striking , 30C(d)(2), . (3) Subsection (a) of section 1016 , as amended by sections 602 and 603 of this Act, is amended by striking paragraph (33) and by redesignating paragraphs (34) and (35) as paragraphs (33) and (34), respectively. (4) Subsection (m) of section 6501 is amended by striking , 30C(e)(5) . (c) Clerical amendment The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30C. (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 606. Repeal of credit for alcohol used as fuel (a) In general Section 40 is repealed. (b) Conforming amendments (1) Subsection (b) of section 38 is amended by striking paragraph (3). (2) Subsection (c) of section 196 is amended by striking paragraph (3) and by redesignating paragraphs (4) through (14) as paragraphs (3) through (13), respectively. (3) Paragraph (1) of section 4101(a) is amended by striking , and every person producing cellulosic biofuel (as defined in section 40(b)(6)(E)) . (4) Paragraph (1) of section 4104(a) is amended by striking , 40 . (c) Effective date The amendments made by this section shall apply to fuel sold or used after December 31, 2014. 607. Repeal of credit for biodiesel and renewable diesel used as fuel (a) In general Section 40A is repealed. (b) Conforming amendment (1) Subsection (b) of section 38 is amended by striking paragraph (17). (2) Section 87 is repealed. (3) Subsection (c) of section 196 , as amended by section 606 of this Act, is amended by striking paragraph (11) and by redesignating paragraphs (11), (12), and (13) as paragraphs (10), (11), and (12), respectively. (4) Paragraph (1) of section 4101(a) is amended by striking , every person producing or importing biodiesel (as defined in section 40A(d)(1) . (5) Paragraph (1) of section 4104(a) is amended by striking , and 40A . (6) Subparagraph (E) of section 7704(d)(1) is amended by inserting (as so in effect) after section 40A(d)(1) . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 40A. (d) Effective date The amendments made by this section shall apply to fuel produced, and sold or used, after December 31, 2014. 608. Repeal of enhanced oil recovery credit (a) In general Section 43 is repealed. (b) Conforming amendments (1) Subsection (b) of section 38 is amended by striking paragraph (6). (2) Paragraph (4) of section 45Q(d) is amended by inserting (as in effect on the day before the date of the enactment of the Energy Exploration and Production to Achieve National Demand Act ) after section 43(c)(2) . (3) Subsection (c) of section 196 , as amended by sections 606 and 607 of this Act, is amended by striking paragraph (5) and by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively. (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 43. (d) Effective date The amendments made by this section shall apply to costs paid or incurred in taxable years beginning after December 31, 2014. 609. Termination of credit for electricity produced from certain renewable resources (a) In general Section 45 is repealed. (b) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45. (c) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 610. Repeal of credit for producing oil and gas from marginal wells (a) In general Section 45I is repealed. (b) Conforming amendment Subsection (b) of section 38 is amended by striking paragraph (19). (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45I. (d) Effective date The amendments made by this section shall apply to production in taxable years beginning after December 31, 2014. 611. Termination of credit for production from advanced nuclear power facilities (a) In general Subparagraph (B) of section 45J(d)(1) is amended by striking January 1, 2021 and inserting January 1, 2015 . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 612. Repeal of credit for carbon dioxide sequestration (a) In general Section 45Q is repealed. (b) Effective date The amendment made by this section shall apply to carbon dioxide captured after December 31, 2014. 613. Termination of energy credit (a) In general Section 48 is amended— (1) by striking January 1, 2017 each place it appears and inserting January 1, 2015 , and (2) by striking December 31, 2016 each place it appears and inserting December 31, 2014 . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 614. Repeal of qualifying advanced coal project (a) In general Section 48A is repealed. (b) Conforming amendment Section 46 is amended by striking paragraph (3) and by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. (c) Clerical amendment The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48A. (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 615. Repeal of qualifying gasification project credit (a) In general Section 48B is repealed. (b) Conforming amendment Section 46 , as amended by section 614, is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (c) Clerical amendment The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48B. (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 616. Repeal of American Recovery and Reinvestment Act of 2009 energy grant program (a) In general Section 1603 of division B of the American Recovery and Reinvestment Act of 2009 is repealed. (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2014. 617. Election to expense property used in the production of energy (a) In general Part VI of subchapter B of chapter 1 is amended by inserting after section 179E the following new section: 179F. Election to expense property used in the production of energy (a) Treatment as expenses A taxpayer may elect to treat the cost of any property used in the production of energy as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the property is placed in service. (b) Election (1) In general An election under this section for any taxable year shall be made on the taxpayer’s return of the tax imposed by this chapter for the taxable year. Such election shall specify the property to which the election applies and shall be made in such manner as the Secretary may by regulations prescribe. (2) Election irrevocable Any election made under this section may not be revoked except with the consent of the Secretary. (c) Property used in the production of energy For purposes of this section, the term property used in the production of energy means property— (1) used in the production of energy, (2) the original use of which commences with the taxpayer, and (3) which is placed in service by the taxpayer after the date of the enactment of this section. (d) Coordination No expenditures shall be taken into account under subsection (a) with respect to the portion of the cost of any property taken into account in determining a credit or deduction under any other section of this chapter. (e) Basis reduction For purposes of this subtitle, if a deduction is allowed under this section with respect to any property, the basis of such property shall be reduced by the amount of the deduction so allowed. (f) Reporting No deduction shall be allowed under subsection (a) to any taxpayer for any taxable year unless such taxpayer files with the Secretary a report containing such information with respect to the operation of the mines of the taxpayer as the Secretary shall require. . (b) Conforming amendments (1) Section 1016(a) is amended by striking and at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting , and , and by adding at the end the following new paragraph: (38) to the extent provided in section 179F(e). . (2) Section 263(a)(1) of the Internal Revenue Code of 1986 (relating to capital expenditures) is amended by striking or at the end of subparagraph (K), by striking the period at the end of paragraph (L) and inserting , or , and by adding at the end the following new subparagraph: (M) expenditures for which a deduction is allowed under section 179F. . (3) Section 1245(a) of such Code is amended by inserting 179F, after 179E, both places it appears in paragraphs (2)(C) and (3)(C). (4) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179E the following new item: Sec. 179F. Election to expense property used in the production of energy. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. VII Regulatory Relief 701. Legislative stay (a) Establishment of standards In place of the rules specified in subsection (b), and notwithstanding the date by which such rules would otherwise be required to be promulgated, the Administrator of the Environmental Protection Agency (in this title referred to as the Administrator ) shall— (1) propose regulations for industrial, commercial, and institutional boilers and process heaters, and commercial and industrial solid waste incinerator units, subject to any of the rules specified in subsection (b)— (A) establishing maximum achievable control technology standards, performance standards, and other requirements under sections 112 and 129, as applicable, of the Clean Air Act ( 42 U.S.C. 7412 , 7429); and (B) identifying non-hazardous secondary materials that, when used as fuels or ingredients in combustion units of such boilers, process heaters, or incinerator units are solid waste under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ; commonly referred to as the Resource Conservation and Recovery Act ) for purposes of determining the extent to which such combustion units are required to meet the emissions standards under section 112 of the Clean Air Act ( 42 U.S.C. 7412 ) or the emission standards under section 129 of such Act ( 42 U.S.C. 7429 ); and (2) finalize the regulations on the date that is 15 months after the date of the enactment of this Act. (b) Stay of earlier rules The following rules are of no force or effect, shall be treated as though such rules had never taken effect, and shall be replaced as described in subsection (a): (1) National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters , published at 76 Fed. Reg. 15608 (March 21, 2011). (2) National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers , published at 76 Fed. Reg. 15554 (March 21, 2011). (3) Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units , published at 76 Fed. Reg. 15704 (March 21, 2011). (4) Identification of Non-Hazardous Secondary Materials That Are Solid Waste , published at 76 Fed. Reg. 15456 (March 21, 2011). (c) Inapplicability of certain provisions With respect to any standard required by subsection (a) to be promulgated in regulations under section 112 of the Clean Air Act ( 42 U.S.C. 7412 ), the provisions of subsections (g)(2) and (j) of such section 112 shall not apply prior to the effective date of the standard specified in such regulations. 702. Compliance dates (a) Establishment of compliance dates For each regulation promulgated pursuant to section 701, the Administrator— (1) shall establish a date for compliance with standards and requirements under such regulation that is, notwithstanding any other provision of law, not earlier than 5 years after the effective date of the regulation; and (2) in proposing a date for such compliance, shall take into consideration— (A) the costs of achieving emissions reductions; (B) any non-air quality health and environmental impact and energy requirements of the standards and requirements; (C) the feasibility of implementing the standards and requirements, including the time needed to— (i) obtain necessary permit approvals; and (ii) procure, install, and test control equipment; (D) the availability of equipment, suppliers, and labor, given the requirements of the regulation and other proposed or finalized regulations of the Environmental Protection Agency; and (E) potential net employment impacts. (b) New sources The date on which the Administrator proposes a regulation pursuant to section 701(a)(1) establishing an emission standard under section 112 or 129 of the Clean Air Act ( 42 U.S.C. 7412 , 7429) shall be treated as the date on which the Administrator first proposes such a regulation for purposes of applying the definition of a new source under section 112(a)(4) of such Act ( 42 U.S.C. 7412(a)(4) ) or the definition of a new solid waste incineration unit under section 129(g)(2) of such Act ( 42 U.S.C. 7429(g)(2) ). (c) Rule of construction Nothing in this title shall be construed to restrict or otherwise affect the provisions of paragraphs (3)(B) and (4) of section 112(i) of the Clean Air Act ( 42 U.S.C. 7412(i) ). 703. Energy recovery and conservation Notwithstanding any other provision of law, and to ensure the recovery and conservation of energy consistent with the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ; commonly referred to as the Resource Conservation and Recovery Act ), in promulgating rules under section 701(a) addressing the subject matter of the rules specified in paragraphs (3) and (4) of section 701(b), the Administrator— (1) shall adopt the definitions of the terms commercial and industrial solid waste incineration unit , commercial and industrial waste , and contained gaseous material in the rule entitled Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units , published at 65 Fed. Reg. 75338 (December 1, 2000); and (2) shall identify non-hazardous secondary material to be solid waste only if— (A) the material meets such definition of commercial and industrial waste; or (B) if the material is a gas, it meets such definition of contained gaseous material. 704. Other provisions (a) Establishment of standards achievable in practice In promulgating rules under section 701(a), the Administrator shall ensure that emissions standards for existing and new sources established under section 112 or 129 of the Clean Air Act ( 42 U.S.C. 7412 , 7429), as applicable, can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants regulated by the rule for the source category, taking into account variability in actual source performance, source design, fuels, inputs, controls, ability to measure the pollutant emissions, and operating conditions. (b) Regulatory alternatives For each regulation promulgated pursuant to section 701(a), from among the range of regulatory alternatives authorized under the Clean Air Act ( 42 U.S.C. 7401 et seq. ) including work practice standards under section 112(h) of such Act ( 42 U.S.C. 7412(h) ), the Administrator shall impose the least burdensome, consistent with the purposes of such Act and Executive Order No. 13563 published at 76 Fed. Reg. 3821 (January 21, 2011). 705. Management and disposal of coal combustion residuals (a) Amendment to subtitle D of the Solid Waste Disposal Act Subtitle D of the Solid Waste Disposal Act ( 42 U.S.C. 6941 et seq. ) is amended by adding at the end the following new section: 4011. Management and disposal of coal combustion residuals (a) State permit programs for coal combustion residuals Each State may adopt and implement a coal combustion residuals permit program. (b) State actions (1) Notification Not later than 6 months after the date of enactment of this section (except as provided by the deadline identified under subsection (d)(2)(B)), the Governor of each State shall notify the Administrator, in writing, whether such State will adopt and implement a coal combustion residuals permit program. (2) Certification (A) In general Not later than 36 months after the date of enactment of this section (except as provided in subsections (f)(1)(A) and (f)(1)(C)), in the case of a State that has notified the Administrator that it will implement a coal combustion residuals permit program, the head of the lead State agency responsible for implementing the coal combustion residuals permit program shall submit to the Administrator a certification that such coal combustion residuals permit program meets the specifications described in subsection (c)(1). (B) Contents A certification submitted under this paragraph shall include— (i) a letter identifying the lead State agency responsible for implementing the coal combustion residuals permit program, signed by the head of such agency; (ii) identification of any other State agencies involved with the implementation of the coal combustion residuals permit program; (iii) a narrative description that provides an explanation of how the State will ensure that the coal combustion residuals permit program meets the requirements of this section, including a description of the State’s— (I) process to inspect or otherwise determine compliance with such permit program; (II) process to enforce the requirements of such permit program; and (III) public participation process for the promulgation, amendment, or repeal of regulations for, and the issuance of permits under, such permit program; (iv) a legal certification that the State has, at the time of certification, fully effective statutes or regulations necessary to implement a coal combustion residuals permit program that meets the specifications described in subsection (c)(1); and (v) copies of State statutes and regulations described in clause (iv). (3) Maintenance of 4005(c) or 3006 program In order to adopt or implement a coal combustion residuals permit program under this section (including pursuant to subsection (f)), the State agency responsible for implementing a coal combustion residuals permit program in a State shall maintain an approved program under section 4005(c) or an authorized program under section 3006. (c) Permit program specifications (1) Minimum requirements The specifications described in this subsection for a coal combustion residuals permit program are as follows: (A) The revised criteria described in paragraph (2) shall apply to a coal combustion residuals permit program, except as provided in paragraph (3). (B) Each structure shall be, in accordance with generally accepted engineering standards for the structural integrity of such structures, designed, constructed, and maintained to provide for containment of the maximum volumes of coal combustion residuals appropriate for the structure. If a structure is determined by the head of the agency responsible for implementing the coal combustion residuals permit program to be deficient, the head of such agency has authority to require action to correct the deficiency according to a schedule determined by such agency. If the identified deficiency is not corrected according to such schedule, the head of such agency has authority to require that the structure close in accordance with subsection (h). (C) The coal combustion residuals permit program shall apply the revised criteria promulgated pursuant to section 4010(c) for location, design, groundwater monitoring, corrective action, financial assurance, closure, and post-closure described in paragraph (2) and the specifications described in this paragraph to surface impoundments. (D) If a structure that is classified as posing a high hazard potential pursuant to the guidelines published by the Federal Emergency Management Agency entitled Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams (FEMA Publication Number 333) is determined by the head of the agency responsible for implementing the coal combustion residuals permit program to be deficient with respect to the structural integrity requirement in subparagraph (B), the head of such agency has authority to require action to correct the deficiency according to a schedule determined by such agency. If the identified deficiency is not corrected according to such schedule, the head of such agency has authority to require that the structure close in accordance with subsection (h). (E) New structures that first receive coal combustion residuals after the date of enactment of this section shall be constructed with a base located a minimum of two feet above the upper limit of the natural water table. (F) In the case of a coal combustion residuals permit program implemented by a State, the State has the authority to inspect structures and implement and enforce such permit program. (G) In the case of a coal combustion residuals permit program implemented by a State, the State has the authority to address wind dispersal of dust from coal combustion residuals by requiring dust control measures, as determined appropriate by the head of the lead State agency responsible for implementing the coal combustion residuals permit program. (2) Revised criteria The revised criteria described in this paragraph are— (A) the revised criteria for design, groundwater monitoring, corrective action, closure, and post-closure, for structures, including— (i) for new structures, and lateral expansions of existing structures, that first receive coal combustion residuals after the date of enactment of this section, the revised criteria regarding design requirements described in section 258.40 of title 40, Code of Federal Regulations; and (ii) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria regarding groundwater monitoring and corrective action requirements described in subpart E of part 258 of title 40, Code of Federal Regulations, except that, for the purposes of this paragraph, such revised criteria shall also include— (I) for the purposes of detection monitoring, the constituents boron, chloride, conductivity, fluoride, mercury, pH, sulfate, sulfide, and total dissolved solids; and (II) for the purposes of assessment monitoring, the constituents aluminum, boron, chloride, fluoride, iron, manganese, molybdenum, pH, sulfate, and total dissolved solids; (B) the revised criteria for location restrictions described in— (i) for new structures, and lateral expansions of existing structures, that first receive coal combustion residuals after the date of enactment of this section, sections 258.11 through 258.15 of title 40, Code of Federal Regulations; and (ii) for existing structures that receive coal combustion residuals after the date of enactment of this section, sections 258.11 and 258.15 of title 40, Code of Federal Regulations; (C) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria for air quality described in section 258.24 of title 40, Code of Federal Regulations; (D) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria for financial assurance described in subpart G of part 258 of title 40, Code of Federal Regulations; (E) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria for surface water described in section 258.27 of title 40, Code of Federal Regulations; (F) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria for recordkeeping described in section 258.29 of title 40, Code of Federal Regulations; (G) for landfills and other land-based units, other than surface impoundments, that receive coal combustion residuals after the date of enactment of this section, the revised criteria for run-on and run-off control systems described in section 258.26 of title 40, Code of Federal Regulations; and (H) for surface impoundments that receive coal combustion residuals after the date of enactment of this section, the revised criteria for run-off control systems described in section 258.26(a)(2) of title 40, Code of Federal Regulations. (3) Applicability of certain requirements A State may determine that one or more of the requirements of the revised criteria described in paragraph (2) is not needed for the management of coal combustion residuals in that State, and may decline to apply such requirement as part of its coal combustion residuals permit program. If a State declines to apply a requirement under this paragraph, the State shall include in the certification under subsection (b)(2) a description of such requirement and the reasons such requirement is not needed in the State. If the Administrator determines that a State determination under this paragraph does not accurately reflect the needs for the management of coal combustion residuals in the State, the Administrator may treat such State determination as a deficiency under subsection (d). (d) Written notice and opportunity to remedy (1) In general The Administrator shall provide to a State written notice and an opportunity to remedy deficiencies in accordance with paragraph (2) if at any time the State— (A) does not satisfy the notification requirement under subsection (b)(1); (B) has not submitted a certification under subsection (b)(2); (C) does not satisfy the maintenance requirement under subsection (b)(3); or (D) is not implementing a coal combustion residuals permit program that meets the specifications described in subsection (c)(1). (2) Contents of notice; deadline for response A notice provided under this subsection shall— (A) include findings of the Administrator detailing any applicable deficiencies in— (i) compliance by the State with the notification requirement under subsection (b)(1); (ii) compliance by the State with the certification requirement under subsection (b)(2); (iii) compliance by the State with the maintenance requirement under subsection (b)(3); and (iv) the State coal combustion residuals permit program in meeting the specifications described in subsection (c)(1); and (B) identify, in collaboration with the State, a reasonable deadline, which shall be not sooner than 6 months after the State receives the notice, by which the State shall remedy the deficiencies detailed under subparagraph (A). (e) Implementation by Administrator (1) In general The Administrator shall implement a coal combustion residuals permit program for a State only in the following circumstances: (A) If the Governor of such State notifies the Administrator under subsection (b)(1) that such State will not adopt and implement such a permit program. (B) If such State has received a notice under subsection (d) and, after any review brought by the State under section 7006, fails, by the deadline identified in such notice under subsection (d)(2)(B), to remedy the deficiencies detailed in such notice under subsection (d)(2)(A). (C) If such State informs the Administrator, in writing, that such State will no longer implement such a permit program. (2) Requirements If the Administrator implements a coal combustion residuals permit program for a State under paragraph (1), such permit program shall consist of the specifications described in subsection (c)(1). (3) Enforcement If the Administrator implements a coal combustion residuals permit program for a State under paragraph (1), the authorities referred to in section 4005(c)(2)(A) shall apply with respect to coal combustion residuals and structures and the Administrator may use such authorities to inspect, gather information, and enforce the requirements of this section in the State. (f) State control after implementation by Administrator (1) State control (A) New adoption and implementation by State For a State for which the Administrator is implementing a coal combustion residuals permit program under subsection (e)(1)(A), the State may adopt and implement such a permit program by— (i) notifying the Administrator that the State will adopt and implement such a permit program; (ii) not later than 6 months after the date of such notification, submitting to the Administrator a certification under subsection (b)(2); and (iii) receiving from the Administrator— (I) a determination that the State coal combustion residuals permit program meets the specifications described in subsection (c)(1); and (II) a timeline for transition of control of the coal combustion residuals permit program. (B) Remedying deficient permit program For a State for which the Administrator is implementing a coal combustion residuals permit program under subsection (e)(1)(B), the State may adopt and implement such a permit program by— (i) remedying the deficiencies detailed in the notice provided under subsection (d)(2)(A); and (ii) receiving from the Administrator— (I) a determination that the deficiencies detailed in such notice have been remedied; and (II) a timeline for transition of control of the coal combustion residuals permit program. (C) Resumption of implementation by State For a State for which the Administrator is implementing a coal combustion residuals permit program under subsection (e)(1)(C), the State may adopt and implement such a permit program by— (i) notifying the Administrator that the State will adopt and implement such a permit program; (ii) not later than 6 months after the date of such notification, submitting to the Administrator a certification under subsection (b)(2); and (iii) receiving from the Administrator— (I) a determination that the State coal combustion residuals permit program meets the specifications described in subsection (c)(1); and (II) a timeline for transition of control of the coal combustion residuals permit program. (2) Review of determination (A) Determination required The Administrator shall make a determination under paragraph (1) not later than 90 days after the date on which the State submits a certification under paragraph (1)(A)(ii) or (1)(C)(ii), or notifies the Administrator that the deficiencies have been remedied pursuant to paragraph (1)(B)(i), as applicable. (B) Review A State may obtain a review of a determination by the Administrator under paragraph (1) as if such determination was a final regulation for purposes of section 7006. (3) Implementation during transition (A) Effect on actions and orders Actions taken or orders issued pursuant to a coal combustion residuals permit program shall remain in effect if— (i) a State takes control of its coal combustion residuals permit program from the Administrator under paragraph (1); or (ii) the Administrator takes control of a coal combustion residuals permit program from a State under subsection (e). (B) Change in requirements Subparagraph (A) shall apply to such actions and orders until such time as the Administrator or the head of the lead State agency responsible for implementing the coal combustion residuals permit program, as applicable— (i) implements changes to the requirements of the coal combustion residuals permit program with respect to the basis for the action or order; or (ii) certifies the completion of a corrective action that is the subject of the action or order. (4) Single permit program If a State adopts and implements a coal combustion residuals permit program under this subsection, the Administrator shall cease to implement the permit program implemented under subsection (e) for such State. (g) Effect on determination under 4005( c ) or 3006 The Administrator shall not consider the implementation of a coal combustion residuals permit program by the Administrator under subsection (e) in making a determination of approval for a permit program or other system of prior approval and conditions under section 4005(c) or of authorization for a program under section 3006. (h) Closure If it is determined, pursuant to a coal combustion residuals permit program, that a structure should close, the time period and method for the closure of such structure shall be set forth in a closure plan that establishes a deadline for completion and that takes into account the nature and the site-specific characteristics of the structure to be closed. In the case of a surface impoundment, the closure plan shall require, at a minimum, the removal of liquid and the stabilization of remaining waste, as necessary to support the final cover. (i) Authority (1) State authority Nothing in this section shall preclude or deny any right of any State to adopt or enforce any regulation or requirement respecting coal combustion residuals that is more stringent or broader in scope than a regulation or requirement under this section. (2) Authority of the Administrator (A) In general Except as provided in subsection (e) of this section and section 6005 of this title, the Administrator shall, with respect to the regulation of coal combustion residuals, defer to the States pursuant to this section. (B) Imminent hazard Nothing in this section shall be construed to affect the authority of the Administrator under section 7003 with respect to coal combustion residuals. (C) Technical and enforcement assistance only upon request Upon request from the head of a lead State agency that is implementing a coal combustion residuals permit program, the Administrator may provide to such State agency only the technical or enforcement assistance requested. (3) Citizen suits Nothing in this section shall be construed to affect the authority of a person to commence a civil action in accordance with section 7002. (j) Mine reclamation activities A coal combustion residuals permit program implemented under subsection (e) by the Administrator shall not apply to the utilization, placement, and storage of coal combustion residuals at surface mining and reclamation operations. (k) Definitions In this section: (1) Coal combustion residuals The term coal combustion residuals means— (A) the solid wastes listed in section 3001(b)(3)(A)(i), including recoverable materials from such wastes; (B) coal combustion wastes that are co-managed with wastes produced in conjunction with the combustion of coal, provided that such wastes are not segregated and disposed of separately from the coal combustion wastes and comprise a relatively small proportion of the total wastes being disposed in the structure; (C) fluidized bed combustion wastes; (D) wastes from the co-burning of coal with nonhazardous secondary materials provided that coal makes up at least 50 percent of the total fuel burned; and (E) wastes from the co-burning of coal with materials described in subparagraph (A) that are recovered from monofills. (2) Coal combustion residuals permit program The term coal combustion residuals permit program means a permit program or other system of prior approval and conditions that is adopted by or for a State for the management and disposal of coal combustion residuals to the extent such activities occur in structures in such State. (3) Structure The term structure means a landfill, surface impoundment, or other land-based unit which may receive coal combustion residuals. (4) Revised criteria The term revised criteria means the criteria promulgated for municipal solid waste landfill units under section 4004(a) and under section 1008(a)(3), as revised under section 4010(c) in accordance with the requirement of such section that the criteria protect human health and the environment. . (b) Conforming amendment The table of contents contained in section 1001 of the Solid Waste Disposal Act is amended by inserting after the item relating to section 4010 the following: Sec. 4011. Management and disposal of coal combustion residuals. . (c) 2000 Regulatory determination Nothing in this section, or the amendments made by this section, shall be construed to alter in any manner the Environmental Protection Agency’s regulatory determination entitled Notice of Regulatory Determination on Wastes from the Combustion of Fossil Fuels , published at 65 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel combustion wastes addressed in that determination do not warrant regulation under subtitle C of the Solid Waste Disposal Act ( 42 U.S.C. 6921 et seq. ). 706. Prohibition on use of social cost of carbon in analysis (a) In general Notwithstanding any other provision of law or any Executive order, a Federal department or agency shall not use the social cost of carbon in order to incorporate social benefits of reducing carbon dioxide emissions, or for any other reason, in any cost-benefit analysis. (b) Definition In this section, the term social cost of carbon means the social cost of carbon as described in the technical support document entitled Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 , published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013, or any successor or substantially related document, or any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. 707. Clarification of legal enforcement against noncriminal energy producers (a) Findings The Congress finds the following: (1) The Migratory Bird Treaty Act (MBTA) was enacted in 1918 to protect the migratory bird population from overhunting and poaching and has not been updated to reflect the societal changes that have occurred in our Nation over the last 95 years. (2) Anyone involved in an otherwise legal activity may be subject to criminal liability for the unintentional death of any one of over 1,000 species of birds protected under the MBTA. (3) The Act of June 8, 1940 (chapter 278; 16 U.S.C. 668 ), popularly known as the Bald and Golden Eagle Protection Act (BGEPA), was first enacted in 1940 to protect the dwindling population of bald eagles and amended in 1962 to cover golden eagles in order to provide additional protective measures for bald eagles and for other purposes. (4) The BGEPA includes a program for the Federal Government to issue permits in order to protect companies from legal liability if eagles are unintentionally injured or killed, but the Federal Government has failed to issue permits issued under the program. (5) Among other goals, the BGEPA’s permit program was established to assure the protection of interests fundamental to the basic operation of our society like agriculture and energy infrastructure development and maintenance. (6) The BGEPA was successful in helping the overall eagle population recover, leading to bald eagles being removed from the list of threatened and endangered species in 2007. (7) There are differing legal and judicial interpretations regarding the scope of criminality in those statutes. (8) It appears criminal prosecution under those statutes has been subjective, selective, and not applied uniformly and fairly across all sectors of society. (9) Those statutes need to be updated to reflect significant changes in our Nation over the last half century, including the urbanization of rural areas and how domestic energy is produced, transmitted, and distributed. (10) Protecting the avian population and its habitat is important. (11) Federal enforcement actions should be appropriate, uniform, nondiscriminatory, and just. (b) Permits for incidental take Section 1 of the Act of June 8, 1940 (chapter 278; 16 U.S.C. 668 ), popularly known as the Bald and Golden Eagle Protection Act, is amended by adding at the end the following: (d) Permits for incidental take Upon submission of a substantially completed application, the Secretary shall issue or deny an eagle take permit for no less than 30 years under section 22.26 of title 50, Code of Federal Regulations, that authorizes taking of any bald eagle or golden eagle that is incidental to, but not the purpose of, an otherwise lawful activity. Failure to issue or deny such a permit within a reasonable time (which shall not exceed one year) is deemed issuance of such permit, and the applicant shall not be subject to liability for any incidental take of a bald eagle or golden eagle that is in conformity with the information submitted to the Secretary as part of the application for the permit. . (c) Migratory Bird Treaty Act Section 6(a) of the Migratory Bird Treaty Act ( 16 U.S.C. 707(a) ) is amended— (1) by striking shall the first and second place it appears and inserting shall with intent knowingly ; and (2) by adding at the end the following: For the purposes of this subsection, with intent knowingly does not include any taking, killing, or other harm to any migratory bird that is accidental or incidental to the presence or operation of an otherwise lawful activity. . VIII Attainment of National Ambient Air Quality Standards 801. Air quality monitoring and modeling methodologies (a) Nonattainment designation To be based on monitoring data Section 107 of the Clean Air Act ( 42 U.S.C. 7407 ) is amended by adding at the end the following: (f) Nonattainment designation To be based on monitoring data Any designation or redesignation of an area or portion of an area within a State or interstate area as a nonattainment area for a pollutant within the meaning of subsection (d)(1)(A)(i) shall— (1) be based on monitoring data; and (2) not take into consideration modeling data. . (b) Air quality modeling methodologies (1) Methodologies Section 110 of the Clean Air Act ( 42 U.S.C. 7410 ) is amended by adding at the end the following: (d) Air quality modeling methodologies The Administrator shall, by regulation, set forth the air quality modeling methodologies required to be used for purposes of air quality modeling pursuant to subsection (a)(2)(K). . (2) Regulations The Administrator of the Environmental Protection Agency shall promulgate final regulations, as required by section 110(d) of the Clean Air Act, as added by paragraph (1), not later than one year after the date of the enactment of this Act. 802. Extending compliance for NAAQS attainment for downwind States Section 181 of the Clean Air Act ( 42 U.S.C. 7511 ) is amended by adding at the end the following: (d) Extended attainment date for certain downwind areas (1) Definitions In this subsection: (A) The term upwind area means an area that— (i) affects nonattainment in another area (in this subsection referred to as the downwind area ); and (ii) is either— (I) a nonattainment area with a later attainment date than the downwind area; or (II) an area in another State that the Administrator has found to be significantly contributing to nonattainment in the downwind area in violation of section 110(a)(2)(D) and for which the Administrator has established requirements through notice and comment rulemaking to reduce the emissions causing such significant contribution. (B) The term current classification means the classification of a downwind area under this section at the time of the determination under paragraph (2). (2) Extension Notwithstanding subsection (b)(2), a downwind area that is not in attainment within 18 months of the attainment deadline required under this section may seek an extension of time to come into attainment by petitioning the Administrator for such an extension. If the Administrator— (A) determines that the area is a downwind area with respect to a particular national ambient air quality standard for ozone; (B) approves a plan revision for such area as provided in paragraph (3) prior to a reclassification under subsection (b)(2)(A); and (C) determines that the petitioning downwind area has demonstrated that it is affected by transport from an upwind area to a degree that affects the area’s ability to attain, the Administrator, in lieu of such reclassification, may extend the attainment date for such downwind area for such standard in accordance with paragraph (5). (3) Approval In order to extend the attainment date for a downwind area under this subsection, the Administrator may approve a revision of the applicable implementation plan for the downwind area for the national ambient air quality standard that— (A) complies with all requirements of this Act applicable under the current classification of the downwind area, including any requirements applicable to the area under section 172(c) for such standard; (B) includes any additional measures needed to demonstrate attainment by the extended attainment date provided under this subsection, and provides for implementation of those measures as expeditiously as practicable; and (C) provides appropriate measures to ensure that no area downwind of the area receiving the extended attainment date will be affected by transport to a degree that affects the other area’s ability to attain. (4) Prior reclassification determination If, after April 1, 2003, and prior to the time the 1-hour ozone standard no longer applies to a downwind area, the Administrator made a reclassification determination under subsection (b)(2)(A) for such downwind area, and the Administrator approves a plan consistent with subparagraphs (A) and (B) for such area, the reclassification shall be withdrawn and, for purposes of implementing the 8-hour ozone national ambient air quality standard, the area shall be treated as if the reclassification never occurred. Such plan must be submitted no later than 12 months following enactment of this subsection, and— (A) the plan revision for the downwind area must comply with all control and planning requirements of this Act applicable under the classification that applied immediately prior to reclassification, including any requirements applicable to the area under section 172(c) for such standard; and (B) the plan must include any additional measures needed to demonstrate attainment no later than the date on which the last reductions in pollution transport that have been found by the Administrator to significantly contribute to nonattainment are required to be achieved by the upwind area or areas. (5) Extended date The attainment date extended under this subsection shall provide for attainment of such national ambient air quality standard for ozone in the downwind area as expeditiously as practicable but no later than the new date that the area would have been subject to had it been reclassified under subsection (b)(2). (6) Rulemaking Within 12 months after the enactment of this subsection, the Administrator shall, after notice and comment, promulgate rules to determine, for purposes of paragraphs (2) and (3), when an area is affected by transport to a degree that affects the area’s ability to attain. The purpose of such rules shall be to ensure that downwind areas are not unjustly penalized. . IX Sub-Basin Reporting of Greenhouse Gas Emissions 901. Sub-basin reporting of greenhouse gas emissions Section 114 of the Clean Air Act ( 42 U.S.C. 7414 ) is amended by adding at the end the following: (e) Reporting of greenhouse gas emissions from petroleum and natural gas systems In requiring any owner or operator of any facility in the petroleum and natural gas system source category (as such terms are used in part 98 of title 40, Code of Federal Regulations, and any successor regulations) to report greenhouse gas emissions from facilities in such category, the Administrator shall allow the owner or operator, at its election— (1) to designate sub-basins consisting of similar fields within a larger basin; and (2) to report such emissions from such sub-basins instead of reporting such emissions from the larger basin. . X Implementation of National Ocean Policy 1001. Prohibition on use of funds (a) Federal departments and agencies are prohibited from performing activities to implement Executive Order 13547. XI Other Provisions 1101. Administrative record The administrative record compiled by an agency regarding an application for a permit, authorization, or other agency action involving a Priority Energy Project shall be the sole and exclusive record for any appeal or review of the permit action or other activity by that agency or other agency, as applicable. Upon final agency action, such record shall be closed and shall not be subject to any further evidentiary proceedings or requirements unless requested by the applicant. 1102. Statement of energy effects (a) Preparation (1) Requirement An agency shall prepare and submit a Statement of Energy Effects to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget, for each proposed significant energy action. (2) Contents A Statement of Energy Effects shall consist of a detailed statement by the agency responsible for the significant energy action relating to— (A) any adverse effects on energy supply, distribution, or use (including a shortfall in supply, price increases, and increased use of foreign supplies) should the proposal be implemented; and (B) reasonable alternatives to the action with adverse energy effects, and the expected effects of such alternatives on energy supply, distribution, and use. (3) Guidance and consultation The Administrator of the Office of Information and Regulatory Affairs shall provide guidance to the agencies on the implementation of this section and shall consult with other agencies as appropriate in the implementation of this section. (b) Publication Agencies shall publish their Statements of Energy Effects, or a summary thereof, in each related notice of proposed rulemaking and in any resulting final rule. (c) Definitions For purposes of this section— (1) the term agency has the meaning given that term in paragraph (1) of section 3502 of title 44, United States Code, except that the term does not include an independent regulatory agency, as defined in paragraph (5) of that section; and (2) the term significant energy action means any action by an agency that is expected to lead to promulgation of a final regulation and that— (A) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (B) is designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. 1103. Priority-Energy Project permit duration The approval to construct or operate a Priority Energy Project pursuant to any Federal permit, as applicable, shall remain valid and authorized for the later of— (1) 18 months following the date on which the last permit needed by a Priority Energy Project to commence construction or operation is final and no longer subject to judicial review; (2) 3 years; or (3) in the case of a nationwide permit issued by the Army Corps of Engineers pursuant to part 330 of title 33, Code of Federal Regulations, 5 years. XII Future Nuclear Energy 1201. Short title This title may be cited as the Streamline America’s Future Energy Nuclear Act . 1202. Public health and safety Nothing in this title shall supersede, mitigate, detract from, or in anyway decrease the Nuclear Regulatory Commission’s ability to maintain the highest possible levels of public health and safety standards, consistent with the provisions of the Atomic Energy Act of 1954. No authority granted by this title shall be executed in a manner that jeopardizes, minimizes, reduces, or lessens public health and safety standards. 1203. Streamlining Combined Construction and Operating License (a) In general The Nuclear Regulatory Commission shall establish and implement an expedited procedure for issuing a Combined Construction and Operating License. (b) Qualifications To qualify for the expedited procedure under this section, an applicant shall— (1) apply for construction of a reactor based on a design approved by the Nuclear Regulatory Commission; (2) construct the new reactor on or adjacent to a site where an operating nuclear power plant already exists; (3) not be subject to a Nuclear Regulatory Commission order to modify, suspend, or revoke a license under section 2.202 of title 10, Code of Federal Regulations; and (4) submit a complete Combined Construction and Operating License application that is docketed by the Commission. (c) Expedited procedure With respect to a license for which the applicant has satisfied the requirements of subsection (b) and seeks fast track consideration, the Nuclear Regulatory Commission shall follow the following procedures: (1) Undertake an expedited environmental review process and issue a draft Environmental Impact Statement within 12 months after the application is accepted for docketing. (2) Complete any public licensing hearings and related processes within 24 months of accepting for docketing the expedited Combined Construction and Operating License application. Such hearings shall begin with the issuance of a draft Environmental Impact Statement. (3) Complete the technical review process and issue the Safety Evaluation Report and the final Environmental Impact Statement within 18 months after the application is accepted for docketing. (4) Make a final decision on whether to issue the Combined Construction and Operating License within 25 months after docketing the application. (d) Goals The Nuclear Regulatory Commission shall present recommendations to Congress within 90 days of the date of enactment of this Act for procedures that would further facilitate the licensing of new nuclear reactors in a timely manner. 1204. Reactor design certification The Nuclear Regulatory Commission shall reduce by one-half the time necessary to certify a reactor design and may include designs under consideration for certification by the Nuclear Regulatory Commission as of the date of enactment of this Act. Such a schedule shall be presented to Congress within one year of the date of enactment of this Act. 1205. Technology neutral plant design specifications Within one year of the date of enactment of this Act, the Nuclear Regulatory Commission shall outline to the Congress an approach that will allow the Nuclear Regulatory Commission to develop technology-neutral guidelines for nuclear plant licensing in the future that would allow for the more seamless entry of new technologies into the marketplace. 1206. Additional funding and personnel resources Not later than 90 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall transmit to the Congress a request for such additional funding and personnel resources as are necessary to carry out sections 1202 through 1205 without delaying consideration of applications for Combined Construction and Operating Licenses or reactor design certifications not subject to expedited procedures under this title. 1207. Next Generation Nuclear Power Plant The Department of Energy and the Nuclear Regulatory Commission shall reevaluate the Next Generation Nuclear Power Plant schedule with the purpose of significant acceleration. Within 180 days of the date of enactment of this Act, program managers shall submit to the Congress a revised schedule, including funding requirements, that would allow for program completion as near as is possible to 2017 (halving the current schedule of program completion in 2021). 1208. Uranium mining on Federal lands The Federal Land Policy and Management Act of 1976 shall not be used to arbitrarily prevent uranium mining from taking place on Federal lands. The Federal Government shall not collect additional leasing fees, beyond that which are currently applicable, to mine uranium on Federal lands. Any fees collected in association with commercial uranium mining on Federal lands that should be applied for remediation purposes, shall only be applied to the remediation of sites that incurred damage as a result of commercial nuclear activities. Such fees shall not be applied to the remediation of any sites that incurred damage as a result of Government or Government-sponsored activities.
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113-hr-3896
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I 113th CONGRESS 2d Session H. R. 3896 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Ms. Wasserman Schultz (for herself, Mr. Petri , Ms. Frankel of Florida , Ms. Ros-Lehtinen , Mr. Murphy of Florida , Mr. Diaz-Balart , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Longshore and Harbor Workers’ Compensation Act to provide a definition of recreational vessel for purposes of such Act.
1. Definition of Recreational vessel (a) Definition Section 2 of the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C. 902 ) is amended— (1) by redesignating paragraph (22) as paragraph (23); and (2) by inserting after paragraph (21) the following: (22) (A) The term recreational vessel means a vessel— (i) being manufactured or operated primarily for pleasure; or (ii) leased, rented, or chartered to another for the latter's pleasure. (B) In applying the definition in subparagraph (A), the following rules apply: (i) A vessel being manufactured or built, or being repaired under warranty by its manufacturer or builder, is a recreational vessel if the vessel appears intended, based on its design and construction, to be for ultimate recreational uses. The manufacturer or builder bears the burden of establishing that a vessel is recreational under this standard. (ii) A vessel being repaired, dismantled for repair, or dismantled at the end of its life will be treated as recreational at the time of repair, dismantling for repair, or dismantling, provided that such vessel shares elements of design and construction of traditional recreational vessels and is not normally engaged in a military, commercial or traditionally commercial undertaking. (iii) A vessel will be treated as a recreational vessel if it is a public vessel, such as a vessel owned or chartered and operated by the United States, or by a State or political subdivision thereof, at the time of repair, dismantling for repair, or dismantling, provided that such vessel shares elements of design and construction with traditional recreational vessels and is not normally engaged in a military, commercial, or traditionally commercial undertaking. . (b) Regulations Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall— (1) amend the regulations in section 701.501 of title 20, Code of Federal Regulations, by deleting the text of subsections (a) and (b) of such section and replacing it with only the text of the definition of recreational vehicle in section 2(22) of the Longshore and Harbor Workers' Compensation Act, as added by subsection (a); and (2) make no further modification to such definition in another regulation or any administrative directive.
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113-hr-3897
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I 113th CONGRESS 2d Session H. R. 3897 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Cartwright (for himself, Mr. Grijalva , Mr. Higgins , Mr. Honda , Mr. Lewis , Ms. Lee of California , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to strengthen the rules for approved structured settlement factoring transactions.
1. Modification of qualified order requirements for approved transactions (a) In general Subparagraph (A) of section 5891(b)(2) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (i) and by adding at the end the following new clause: (iii) satisfies the requirements of paragraph (5), and . (b) Transaction requirements Subsection (b) of section 5891 of such Code is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: (5) Transaction requirements (A) In general A transfer of structured settlement payment rights shall be treated as satisfying the requirements of this paragraph only if the transfer meets the following requirements: (i) The annual discount rate of the consideration for the transfer, determined by taking into account charges, fees, and other expenses, does not exceed the prime rate plus 5 percentage points. (ii) The aggregate amount of charges, fees, and other expenses payable by the payee do not exceed 2 percent of the value of the consideration to the payee (net of such charges, fees, and other expenses). (iii) The payee is not liable for any penalty, and will not forfeit any amounts already paid or incurred, if the transfer does not satisfy the requirements of this paragraph. (iv) The transferee has given written notice of the transferee’s name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor and has filed a copy of such notice with the State court or responsible administrative authority issuing the qualified order. (v) The transfer is fair and reasonable. (vi) Not later than 5 days, and not earlier than 15 days, before the date on which the payee first incurs any obligations with respect to the transfer, the transferee provides to the payee a disclosure statement which sets forth in a clear and conspicuous manner the following: (I) The remaining amounts payable and payment dates under the structured settlement. (II) The aggregate of such amounts. (III) The discounted present value of the structured settlement payment rights determined by using a discount rate equal to the applicable Federal rate, compounded annually. (IV) A statement of the total consideration made in exchange for the structured settlement payment rights. (V) An itemized list of all charges, fees, and other expenses payable by the payee, or deductible from the gross amount otherwise payable to the payee, with respect to the transfer. (VI) The value of consideration to the payee net of the charges, fees, and other expenses described in subclause (V). (VII) The quotient (expressed as a percentage) of the amount of net consideration described in subclause (VI) divided by the discounted present value of the structured settlement payment rights determined under subclause (III). (VIII) The annual discount rate of the consideration for the transfer determined by taking into account charges, fees, and other expenses. (IX) The amount of any penalties (including any liquidated damages) payable by the payee in the case of any breach of the transfer agreement by the payee. (B) Prime rate For purposes of this paragraph, the term prime rate means the bank prime rate for the first day of the month in which the transfer agreement is executed, as published in the Federal Reserve Statistical Release on selected interest rates (daily or weekly), and commonly referred to as the H.15 release (or any successor publication). . (c) Effective date The amendments made by this section shall apply to structured settlement factoring transactions (as defined in section 5891 of such Code) entered into later than 180 days after the date of the enactment of this Act.
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113-hr-3898
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I 113th CONGRESS 2d Session H. R. 3898 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prohibit students who have been convicted of a criminal hazing offense under State law from receiving assistance under title IV of the Higher Education Act of 1965.
1. Loss of eligibility for hazing crime conviction Section 484 of the Higher Education Act of 1965 ( 20 U.S.C. 1091 ) is amended by adding at the end the following: (u) Loss of eligibility for hazing crime conviction No student who is convicted of a criminal hazing offense under State law shall be eligible to receive any grant, loan, or work assistance under this title. .
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113-hr-3899
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I 113th CONGRESS 2d Session H. R. 3899 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Sensenbrenner (for himself, Mr. Conyers , Mr. Lewis , Mr. Scott of Virginia , Mr. Bachus , Mr. Chabot , Ms. Jackson Lee , Mr. Duffy , and Mr. Hoyer ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Voting Rights Act of 1965 to revise the criteria for determining which States and political subdivisions are subject to section 4 of the Act, and for other purposes.
1. Short title This Act may be cited as the Voting Rights Amendment Act of 2014 . 2. Violations triggering authority of court to retain jurisdiction (a) Types of Violations Section 3(c) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973a(c) ) is amended by striking violations of the fourteenth or fifteenth amendment and inserting violations of the 14th or 15th Amendment; violations of this Act (other than a violation of section 2(a) which is based on the imposition of a requirement that an individual provide a photo identification as a condition of receiving a ballot for voting in an election for Federal, State, or local office); or violations of any Federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group, . (b) Conforming Amendment Section 3(a) of such Act ( 42 U.S.C. 1973a(a) ) is amended by striking violations of the fourteenth or fifteenth amendment and inserting violations of the 14th or 15th Amendment, violations of this Act, or violations of any Federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group, . 3. Criteria for coverage of States and political subdivisions (a) Determination of States and Political Subdivisions Subject to Section 4( a ) (1) In general Section 4(b) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973b(b) ) is amended to read as follows: (b) Determination of States and Political Subdivisions Subject to Requirements (1) Existence of voting rights violations during previous 15 years (A) Statewide application Subsection (a) applies with respect to a State and all political subdivisions within the State during a calendar year if 5 or more voting rights violations occurred in the State during the previous 15 calendar years, at least one of which was committed by the State itself (as opposed to a political subdivision within the State). (B) Application to specific political subdivisions Subsection (a) applies with respect to a political subdivision during a calendar year if— (i) 3 or more voting rights violations occurred in the subdivision during the previous 15 calendar years; or (ii) 1 or more voting rights violations occurred in the subdivision during the previous 15 calendar years and the subdivision had persistent, extremely low minority turnout during the previous 15 calendar years. (2) Period of application (A) In general Except as provided in subparagraph (B), if, pursuant to paragraph (1), subsection (a) applies with respect to a State or political subdivision during a calendar year, subsection (a) shall apply with respect to such State or political subdivision for the period— (i) that begins on January 1 of the year in which subsection (a) applies pursuant to the applicable provisions of paragraph (1); and (ii) that ends on the date which is 10 years after January 1 of the year in which the most recent voting rights violation occurred in the State or political subdivision. (B) No further application after declaratory judgment (i) States If a State obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such State pursuant to paragraph (1)(A) unless, after the issuance of the declaratory judgment, paragraph (1)(A) applies to the State solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment. (ii) Political subdivisions If a political subdivision obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such political subdivision pursuant to paragraph (1), including pursuant to paragraph (1)(A) (relating to the statewide application of subsection (a)), unless, after the issuance of the declaratory judgment, paragraph (1)(B) applies to the political subdivision solely on the basis of voting rights violations (and, in the case of paragraph (1)(B)(ii), extremely low minority turnout) occurring after the issuance of the declaratory judgment. (3) Determination of voting rights violation For purposes of paragraph (1), a voting rights violation occurred in a State or political subdivision if any of the following applies: (A) In a final judgment (which has not been reversed on appeal), any court of the United States has determined that a denial or abridgement of the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group, in violation of the 14th or 15th Amendment, occurred anywhere within the State or subdivision. (B) In a final judgment (which has not been reversed on appeal), any court of the United States has determined that a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting was imposed or applied or would have been imposed or applied anywhere within the State or subdivision in a manner that resulted or would have resulted in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in subsection (f)(2), in violation of section 2. (C) In a final judgment (which has not been reversed on appeal), any court of the United States has denied the request of the State or subdivision for a declaratory judgment under section 3(c) or section 5, and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision. (D) The Attorney General has interposed an objection under section 3(c) or section 5 (and the objection has not been overturned by a final judgment of a court or withdrawn by the Attorney General), and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision, other than an objection which is based on a voting qualification or procedure which consists of the imposition of a requirement that an individual provide a photo identification as a condition of receiving a ballot for voting in an election for Federal, State, or local office. (4) Determination of persistent, extremely low minority turnout For purposes of paragraph (1)(B)(ii), a political subdivision has persistent, extremely low minority turnout with respect to a calendar year if any of the following applies: (A) With respect to the general elections for the office of President which were held in the political subdivision during the previous 15 calendar years— (i) in the majority of such elections, the minority turnout rate in the political subdivision was below— (I) the minority turnout rate for the entire Nation, (II) the nonminority turnout rate for the entire Nation, (III) the minority turnout rate for the State in which the political subdivision is located, (IV) the nonminority turnout rate for the State in which the political subdivision is located, and (V) the nonminority turnout rate for the political subdivision; and (ii) the average minority turnout rate across all such elections in the political subdivision was more than 10 percentage points below the average nonminority turnout rate for the entire Nation. (B) With respect to the general elections for Federal office which were held in the political subdivision during the previous 15 calendar years— (i) in the majority of such elections, the minority turnout rate in the political subdivision was below— (I) the minority turnout rate for the State in which the political subdivision is located, (II) the nonminority turnout rate for the State in which the political subdivision is located, and (III) the nonminority turnout rate for the political subdivision; and (ii) the average minority turnout rate across all such elections in the political subdivision was more than 10 percentage points below the average nonminority turnout rate for the State in which the political subdivision is located. (5) Timing of determinations (A) Determinations of voting rights violations As early as practicable during each calendar year, the Attorney General shall make the determinations required by this subsection (other than the determinations described in subparagraph (B)), including updating the list of voting rights violations attributable to each State and political subdivision for the previous calendar year. (B) Determinations of turnout rates As early as practicable during each odd-numbered calendar year, the Attorney General, in consultation with the heads of the relevant offices of the government, shall make the determinations of turnout rates required by this subsection, including the minority and nonminority turnout rates for the general elections for Federal office held in the previous year in each State and political subdivision (expressed as percentages of the citizen voting-age population of the State and subdivision and determined using scientifically accepted statistical methodologies). (C) Effective upon publication in Federal Register A determination or certification of the Attorney General under this section or under section 8 or 13 shall be effective upon publication in the Federal Register. (6) Other definitions In this subsection, the following definitions apply: (A) The term general election for Federal office means a general election held solely or in part for the purpose of electing any candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress. (B) The term minority means persons who identify themselves as being— (i) of Hispanic or Latino origin; (ii) of a race other than white; or (iii) of 2 or more races. (C) The term “nonminority” means persons who identify themselves as being— (i) not of Hispanic or Latino origin; (ii) white; and (iii) not of any other race. (D) The term turnout rate means, with respect to a demographic group and an election, the amount (expressed as a percentage) equal to the quotient of— (i) the number of individuals in that group who are citizens of the United States, who are 18 years of age or older on the date of the election, and who cast ballots in the election; divided by (ii) the total number of individuals in that group who are citizens of the United States and who are 18 years of age or older on the date of the election. . (2) Conforming amendments Section 4(a) of such Act ( 42 U.S.C. 1973b(a) ) is amended— (A) in paragraph (1) in the first sentence of the matter preceding subparagraph (A), by striking any State with respect to which and all that follows through unless and inserting any State to which this subsection applies during a calendar year pursuant to determinations made under subsection (b), or in any political subdivision of such State (as such subdivision existed on the date such determinations were made with respect to such State), though such determinations were not made with respect to such subdivision as a separate unit, or in any political subdivision with respect to which this subsection applies during a calendar year pursuant to determinations made with respect to such subdivision as a separate unit under subsection (b), unless ; (B) in paragraph (1) in the matter preceding subparagraph (A), by striking the second sentence; (C) in paragraph (1)(A), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) ; (D) in paragraph (1)(B), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) ; (E) in paragraph (3), by striking (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) ; (F) in paragraph (5), by striking (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) ; and (G) by striking paragraphs (7) and (8). (b) Clarification of Treatment of Members of Language Minority Groups Section 4(a)(1) of such Act ( 42 U.S.C. 1973b(a)(1) ) is amended by striking race or color, and inserting race or color or in contravention of the guarantees of subsection (f)(2), . (c) Repeal of Retention of Jurisdiction of 3-Judge Court Section 4(a)(5) of such Act ( 42 U.S.C. 1973b(a)(5) ) is amended by striking the second and third sentences. 4. Promoting transparency to enforce the Voting Rights Act (a) Transparency (1) In general The Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. ) is amended by inserting after section 5 the following new section: 6. transparency regarding changes to protect voting rights (a) Notice of Enacted Changes (1) Notice of Changes If a State or political subdivision makes any change in any prerequisite to voting or standard, practice, or procedure affecting voting in any election for Federal office that will result in the prerequisite, standard, practice, or procedure being different from that which was in effect as of 180 days before the date of the election, the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, in a reasonably convenient and accessible format, of a concise description of the change, including the difference between the changed prerequisite, standard, practice, or procedure and the prerequisite, standard, practice, or procedure which was previously in effect. (2) Deadline for notice A State or political subdivision shall provide the public notice required under paragraph (1) not later than 48 hours after making the change involved. (b) Transparency Regarding Polling Place Resources (1) In general In order to identify any changes that may impact the right to vote of any person, prior to the 30th day before the date of an election for Federal office, each State or political subdivision with responsibility for allocating registered voters, voting machines, and official poll workers to particular precincts and polling places shall provide reasonable public notice in such State or political subdivision and on the Internet, in a reasonably convenient and accessible format, of the information described in paragraph (2) for precincts and polling places within such State or political subdivision. (2) Information described The information described in this paragraph with respect to a precinct or polling place is as follows: (A) The name or number. (B) In the case of a polling place, the location, including the street address. (C) The voting-age population of the area served by the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. (D) The number of registered voters assigned to the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. (E) The number of voting machines assigned. (F) The number of official paid poll workers assigned. (G) The number of official volunteer poll workers assigned. (H) In the case of a polling place, the dates and hours of operation. (3) Updates in information reported If a State or political subdivision makes any change in any of the information described in paragraph (2), the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, in a reasonably convenient and accessible format, of the change in the information not later than 48 hours after the change occurs or, if the change occurs fewer than 48 hours before the date of the election, as soon as practicable after the change occurs. (c) Transparency of Changes Relating to Demographics and Electoral Districts (1) Requiring public notice of changes Not later than 10 days after making any change in the constituency that will participate in an election for Federal, State, or local office or the boundaries of a voting unit or electoral district in an election for Federal, State, or local office (including through redistricting, reapportionment, changing from at-large elections to district-based elections, or changing from district-based elections to at-large elections), a State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the Internet, in a reasonably convenient and accessible format, of the demographic and electoral data described in paragraph (3) for each of the geographic areas described in paragraph (2). (2) Geographic areas described The geographic areas described in this paragraph are as follows: (A) The State as a whole, if the change applies statewide, or the political subdivision as a whole, if the change applies across the entire political subdivision. (B) If the change includes a plan to replace or eliminate voting units or electoral districts, each voting unit or electoral district that will be replaced or eliminated. (C) If the change includes a plan to establish new voting units or electoral districts, each such new voting unit or electoral district. (3) Demographic and electoral data The demographic and electoral data described in this paragraph with respect to a geographic area described in paragraph (2) are as follows: (A) The voting age population, broken down by demographic group. (B) If it is reasonably available to the State or political subdivision involved, an estimate of the population of the area which consists of citizens of the United States who are 18 years of age or older, broken down by demographic group. (C) The number of registered voters, broken down by demographic group if such breakdown is reasonably available to the State or political subdivision involved. (D) The actual number of votes, or (if it is not reasonably practicable for the State or political subdivision to ascertain the actual number of votes) the estimated number of votes received by each candidate in each statewide election and (if the change applies to only one political subdivision) in each subdivision-wide election held during the 5-year period which ends on the date the change involved is made. (4) Voluntary Compliance by Smaller Jurisdictions Compliance with this subsection shall be voluntary for a political subdivision of a State unless the subdivision is one of the following: (A) A county or parish. (B) A municipality with a population greater than 10,000, as determined under the most recent decennial census. (C) A school district with a population greater than 10,000, as determined under the most recent decennial census. For purposes of this paragraph, the term school district means the geographic area under the jurisdiction of a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965). (d) Rules Regarding Format of Information The Attorney General may issue rules specifying a reasonably convenient and accessible format that States and political subdivisions shall use to provide public notice of information under this section. (e) No denial of right To vote The right to vote of any person shall not be denied or abridged because the person failed to comply with any change made by a State or political subdivision if the State or political subdivision involved did not meet the applicable requirements of this section with respect to the change. (f) Definitions In this section— (1) the term demographic group means each group which section 2 protects from the denial or abridgement of the right to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2); and (2) the term election means, with respect to Federal office, any general, special, primary, or runoff election held solely or in part for the purpose of electing any candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress. . (2) Conforming amendment Section 3(a) of such Act ( 42 U.S.C. 1973a(a) ) is amended by striking in accordance with section 6 . (b) Effective Date The amendment made by subsection (a)(1) shall apply with respect to changes which are made on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. 5. Authority to assign observers (a) Clarification of Authority in Political Subdivisions Subject to Preclearance Section 8(a)(2)(B) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973f(a)(2)(B) ) is amended to read as follows: (B) in the Attorney General's judgment, the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th Amendment or any provision of this Act or any other law of the United States protecting the right of citizens of the United States to vote; . (b) Assignment of Observers To Enforce Bilingual Election Requirements Section 8(a) of such Act ( 42 U.S.C. 1973f(a) ) is amended— (1) by striking or at the end of paragraph (1); (2) by adding or at the end of paragraph (2); and (3) by inserting after paragraph (2) the following new paragraph: (3) the Attorney General certifies with respect to a political subdivision that— (A) the Attorney General has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to violate section 203 are likely to occur, or (B) in the Attorney General’s judgment, the assignment of observers is necessary to enforce the guarantees of section 203; . 6. Injunctive relief (a) Clarification of Scope and Persons Authorized To Seek Relief Section 12(d) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973j(d) ) is amended— (1) by striking section 2, 3, 4, 5, 7, 10, 11, or subsection (b) of this section and inserting the 14th or 15th Amendment, this Act, or any Federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group ; and (2) by striking the Attorney General may institute for the United States, or in the name of the United States, and inserting the aggrieved person or (in the name of the United States) the Attorney General may institute . (b) Grounds for Granting Relief Section 12(d) of such Act ( 42 U.S.C. 1973j(d) ) is amended— (1) by striking (d) Whenever any person and inserting (d)(1) Whenever any person ; (2) by striking (1) to permit and inserting (A) to permit ; (3) by striking (2) to count and inserting (B) to count ; and (4) by adding at the end the following new paragraph: (2) (A) In any action for relief described in this subsection, the court shall grant the relief if the court determines that, on balance, the hardship imposed upon the defendant by the issuance of the relief will be less than the hardship which would be imposed upon the plaintiff if the relief were not granted. (B) In making its determination under this paragraph with respect to a change in any voting qualification, prerequisite to voting, or standard, practice, or procedure affecting voting, the court shall consider the following factors (to the extent applicable to the action): (i) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change was adopted as a remedy for a Federal court judgment, consent decree, or admission regarding— (I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment; (II) a violation of this Act; or (III) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. (ii) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change served as a ground for the dismissal or settlement of a claim alleging— (I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment; (II) a violation of this Act; or (III) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. (iii) Whether the change was adopted fewer than 180 days before the date of the election with respect to which it is to take effect. (iv) Whether the defendant has failed to provide timely or complete notice of the adoption of the change as required by applicable Federal or State law. . 7. Other technical and conforming amendments (a) Actions Covered Under Section 3 Section 3(c) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973a(c) ) is amended— (1) by striking any proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce and inserting any action under any statute in which a party (including the Attorney General) seeks to enforce ; and (2) by striking at the time the proceeding was commenced and inserting at the time the action was commenced . (b) Clarification of Treatment of Members of Language Minority Groups Section 4(f) of such Act ( 42 U.S.C. 1973b(f) ) is amended— (1) in paragraph (1), by striking the second sentence; and (2) by striking paragraphs (3) and (4). (c) Period During Which Changes in Voting Practices are Subject to Preclearance Under Section 5 Section 5 of such Act ( 42 U.S.C. 1973c ) is amended— (1) in subsection (a), by striking based upon determinations made under the first sentence of section 4(b) are in effect and inserting are in effect during a calendar year ; (2) in subsection (a), by striking November 1, 1964 and all that follows through November 1, 1972 and inserting the applicable date of coverage ; and (3) by adding at the end the following new subsection: (e) The term applicable date of coverage means, with respect to a State or political subdivision— (1) June 25, 2013, if the most recent determination for such State or subdivision under section 4(b) was made on or before December 31, 2015; or (2) the date on which the most recent determination for such State or subdivision under section 4(b) was made, if such determination was made after December 31, 2015. .
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113-hr-3900
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I 113th CONGRESS 2d Session H. R. 3900 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. McCaul (for himself and Mr. Schiff ) introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) A BILL To amend the Intelligence Authorization Act for Fiscal Year 2010 to facilitate access by the Comptroller General of the United States to information in the possession of the intelligence community, and for other purposes.
1. Short title This Act may be cited as the Intelligence Community Oversight Act of 2014 . 2. Access to information by the Comptroller General of the United States Section 348 of the Intelligence Authorization Act for Fiscal Year 2010 ( 50 U.S.C. 3308 ) is amended by adding at the end the following new subsections: (e) Implementation of directive In carrying out the directive issued under subsection (a)(1), the head of each element of the intelligence community shall— (1) provide the Comptroller General with timely access to information concerning the programs and activities of the intelligence community for any audit, investigation, program evaluation, report, or review for which the Comptroller General considers such information necessary; and (2) in providing such access— (A) cooperate with the Comptroller General to the fullest extent possible and provide timely responses to requests for information; (B) not categorically deny the Comptroller General access to information requested in furtherance of an audit or evaluation; (C) carefully consider requests for information based on consultation with the Comptroller General; (D) work with the Comptroller General to explore alternative means to accommodate a request for access to specific information if the head of an element of the intelligence community determines that such element is unable to provide the Comptroller General with access to the specific information requested; and (E) narrowly construe any limitation on access to information by the Comptroller General described in such directive. (f) Congressional notification of implementation (1) Denials of access If, after following the requirements of this section and the directive issued under subsection (a)(1), the head of an element of the intelligence community determines that such element cannot comply with a request by the Comptroller General for access to information, the head of such element shall, in a timely manner and at the same time as the head of such element notifies the Comptroller General of the denial of access to such information, submit to the Director of National Intelligence, the Comptroller General, and Congress a written justification for denying such access. (2) Semiannual reports (A) Director of National Intelligence The Director of National Intelligence shall semiannually submit to Congress and the Comptroller General in electronic form a report describing any instances in which the head of an element of the intelligence community denied the Comptroller General access to information that the Comptroller General requested, including the written justification for such denial submitted to the Comptroller General in accordance with paragraph (1). (B) Comptroller General Not later than 30 days after receiving a report in accordance with subparagraph (A), the Comptroller General shall submit to Congress in electronic form a report containing any comments the Comptroller General considers appropriate in response to such report. .
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113-hr-3901
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I 113th CONGRESS 2d Session H. R. 3901 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Royce (for himself, Mr. Hensarling , Mr. Garrett , Mrs. Capito , Mr. Neugebauer , Mr. Campbell , Mr. Lucas , Mr. McHenry , Mr. Westmoreland , Mr. Ross , Mrs. Bachmann , Mr. Cotton , Mr. Pittenger , Mr. Hultgren , Mr. Duffy , Mr. Grimm , Mr. Mulvaney , Mrs. Wagner , Mr. Huizenga of Michigan , Mr. Hurt , and Mr. Bachus ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To prohibit contributions by Fannie Mae and Freddie Mac to the Housing Trust Fund and the Capital Market Fund while such enterprises are in conservatorship or receivership, and for other purposes.
1. Short title This Act may be cited as the Pay Back the Taxpayers Act of 2014 . 2. Prohibition of contributions to Housing Trust Fund and Capital Magnet Fund while enterprises are in conservatorship or receivership Notwithstanding section 1337 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4567 ) or any other provision of law, during the term of any conservatorship or receivership of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation pursuant to section 1367 of such Act ( 12 U.S.C. 4617 ), such enterprise shall not make any contribution or transfer to, or allocate or set aside any amounts for, the Housing Trust Fund established under section 1338 of such Act ( 12 U.S.C. 4568 ) or the Capital Magnet Fund established under section 1339 of such Act ( 12 U.S.C. 4569 ). 3. Use of enterprise repayments to reduce budget deficit During the term of any conservatorship or receivership of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation pursuant to section 1367 of such Act ( 12 U.S.C. 4617 ), any amounts paid or repaid to the Secretary of the Treasury by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation in any form, including any dividends paid pursuant to the Amended and Restated Senior Preferred Stock Purchase Agreements, dated September 26, 2008, amended May 6, 2009, further amended December 24, 2009, and further amended August 17, 2012, between the United States Department of the Treasury and the Federal National Mortgage Association, and between such Department and the Federal Home Loan Mortgage Corporation shall be covered into the General Fund of the Treasury and shall be used only for reducing the budget deficit of the Federal Government.
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113-hr-3902
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I 113th CONGRESS 2d Session H. R. 3902 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Schiff (for himself and Mr. Rogers of Michigan ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the National Child Protection Act of 1993 to establish a permanent background check system.
1. Short title This Act may be cited as the Child Protection Improvements Act of 2013 . 2. Findings Congress finds the following: (1) The Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation maintains fingerprints and criminal history records on more than 71,000,000 individuals. (2) Congress has worked with the States to make criminal history background checks available to organizations seeking to screen employees and volunteers who work with children, the elderly, and individuals with disabilities, through the National Child Protection Act of 1993 ( 42 U.S.C. 5119 et seq. ), the Volunteers for Children Act ( Public Law 105–251 ; 112 Stat. 1885), the Serve America Act ( Public Law 111–13 ; 123 Stat. 1460), the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ; 120 Stat. 587), and statutes enacted by 48 states in compliance with Public Law 92–544 . However, there may still be persons providing care and services to children who fall outside these numerous and broad categories of criminal history background checks authorized by Federal and State law. 3. Background checks The National Child Protection Act of 1993 ( 42 U.S.C. 5119 et seq. ) is amended— (1) by redesignating section 5 as section 6; and (2) by inserting after section 4 the following: 5. Program for national criminal history background checks (a) Definitions In this section— (1) the term background check designee means the entity designated by the Attorney General under subsection (b)(3) to carry out the duties described in subsection (c); (2) the term covered entity means any business or organization that provides, or licenses, certifies, or coordinates individuals or organizations to provide, care, care placement, supervision, treatment, education, training, instruction, or recreation to children; (3) the term covered individual means an individual— (A) who has, seeks to have, or may have unsupervised access to vulnerable populations served by a covered entity; or (B) who— (i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a covered entity; or (ii) owns or operates, or seeks to own or operate, a covered entity; (4) the term criminal history review designee means the entity designated by the Attorney General under subsection (b)(2) to carry out the criminal history review program; (5) the term criminal history review program means the program established under subsection (d); (6) the term qualified State program means a program of a State authorized agency that provides access to national criminal history background checks, as authorized by Federal or State law; (7) the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau; and (8) the term vulnerable populations shall include elderly persons, disabled persons, and children. (b) Establishment of program (1) Purpose The purpose of this subsection is to facilitate widespread access to State and national criminal history background checks, not otherwise authorized by Federal or State law, on covered individuals. (2) In general Not later than 1 year after the date of enactment of the Child Protection Improvements Act of 2013 , the Attorney General shall establish— (A) policies and procedures to carry out the duties described in subsection (c); and (B) a criminal history review program in accordance with subsection (d). (3) Designees The Attorney General may designate one or more Federal Government agencies to carry out the duties described in subsection (c). (c) Access to state and national background checks (1) Duties The Attorney General shall— (A) inform covered entities and covered individuals about how to request State and national background checks— (i) for covered entities and covered individuals located in a State with a qualified State program, by referring the covered entity or covered individual to the State authorized agency; or (ii) for covered entities and covered individuals located in a State without a qualified State program, by providing information on alternative methods of obtaining a State and national background check; (B) complete a check of the national criminal history background check system; and (C) provide information received in response to such national criminal history background check to the criminal history review designee. (2) Required information A request for a State and national criminal history background check shall include— (A) the fingerprints of the covered individual; (B) other documents required by State law for a State criminal history background check; and (C) the appropriate fee. (3) Fees The Attorney General shall, in addition to the fee for the noncriminal justice national criminal history background check authorized under section 534 of title 28, United States Code— (A) collect a fee to offset the costs of carrying out the duties described in subsection (d), in an amount equal to the cost of conducting the criminal history review; and (B) remit such fee to the Federal Bureau of Investigation. (d) Criminal history review program (1) Purpose The purpose of this subsection is to provide covered entities with reliable and accurate information regarding the fitness of the covered individuals to have responsibility for the safety and well-being of vulnerable populations in their care. (2) Requirements The Attorney General or designee shall— (A) establish procedures to securely receive criminal history records; (B) make determinations regarding whether the criminal history records received in response to a criminal history background check conducted under this section indicate that the covered individual has a criminal history that may bear on the covered individual's fitness to provide care to vulnerable populations; (C) convey to the covered entity that submitted the request for a State and national criminal history background check— (i) the fitness and suitability of the covered individual based solely on the criteria described in paragraph (3); and (ii) instructions and guidance that the covered entity should consult the Equal Employment Opportunity Commission Enforcement Guidance #915.002, dated April 25, 2012, Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964 , or any successor thereto, issued by the United States Equal Employment Opportunity Commission. (3) Criminal history review criteria In determining whether a criminal history record indicates that a covered individual has a criminal history that may bear on the fitness of the covered individual to provide care to vulnerable populations, the Attorney General or designee shall employ the criteria used to evaluate individuals under other Federal laws, such as the Volunteers for Children Act ( Public Law 105–251 ; 112 Stat. 1885), the Serve America Act ( Public Law 111–13 ; 123 Stat. 1460), and the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ; 120 Stat. 587). (4) Application processing (A) In general The Attorney General shall establish the process by which a covered entity or a covered individual in a State without a qualified State program may obtain a State and national criminal history background check. (B) Challenge to completeness of record A covered individual may challenge the completeness of any information in the criminal history record of the individual by contacting the Federal Bureau of Investigation under the procedure set out in section 16.34 of title 28, Code of Federal Regulations, or any successor thereto. (5) Participation in program The Attorney General or designee shall determine whether an entity is a covered entity. (6) Privacy of information (A) In general Any entity authorized to receive or transmit fingerprints or criminal history records under this section— (i) shall use the fingerprints, criminal history records, or information in the criminal history records only for the purposes specifically set forth in this section; and (ii) shall maintain adequate security measures to ensure the confidentiality of the fingerprints, the criminal history records, and the information in the criminal history records. (B) Retention of fingerprints by the FBI In accordance with State or Federal procedures, for the purpose of providing fingerprint verification, criminal investigation or subsequent hit notification services, or for the retention of criminal history, the Federal Bureau of Investigation may retain any fingerprints submitted to the Federal Bureau of Investigation under this section. (7) Rule of construction Nothing in this subsection shall be construed to change or replace any background check program authorized by Federal or State law on the day before the date of enactment of the Child Protection Improvements Act of 2013 . .
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113-hr-3903
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I 113th CONGRESS 2d Session H. R. 3903 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Burgess (for himself, Ms. Shea-Porter , Mr. Bucshon , and Mr. Olson ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to establish fair and consistent eligibility requirements for graduate medical schools operating outside the United States and Canada.
1. Short title This Act may be cited as the Foreign Medical School Accountability Fairness Act of 2014 . 2. Purpose The purpose of this Act is to establish consistent eligibility requirements for graduate medical schools operating outside of the United States and Canada in order to increase accountability and protect American students and taxpayer dollars. 3. Repeal grandfather provisions Section 102(a)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a)(2) ) is amended— (1) in subparagraph (A), by striking clause (i) and inserting the following: (i) in the case of a graduate medical school located outside the United States— (I) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part D of title IV; and (II) at least 75 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part D of title IV; ; and (2) in subparagraph (B)(iii), by adding at the end the following: (V) Expiration of authority The authority of a graduate medical school described in subclause (I) to qualify for participation in the loan programs under part D of title IV pursuant to this clause shall expire beginning on the first July 1 following the date of enactment of the Foreign Medical School Accountability Fairness Act of 2014 . . 4. Loss of eligibility If a graduate medical school loses eligibility to participate in the loan programs under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) due to the enactment of the amendments made by section 3, then a student enrolled at such graduate medical school on or before the date of enactment of this Act may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under such part D while attending such graduate medical school in which the student was enrolled upon the date of enactment of this Act, subject to the student continuing to meet all applicable requirements for satisfactory academic progress, until the earliest of— (1) withdrawal by the student from the graduate medical school; (2) completion of the program of study by the student at the graduate medical school; or (3) the fourth June 30 after such loss of eligibility.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3903ih/xml/BILLS-113hr3903ih.xml
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113-hr-3904
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I 113th CONGRESS 2d Session H. R. 3904 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Barrow of Georgia introduced the following bill; which was referred to the Committee on House Administration A BILL To reduce the period of the availability of allowances for former Speakers of the House of Representatives to one year, beginning on the date of the expiration of an individual’s service as Speaker.
1. Timing of availability of allowances for former Speakers (a) 1-Year Period of Availability; Period To Begin Upon Expiration of Service as Speaker Section 8(2) of House Resolution 1238, Ninety-first Congress, agreed to December 22, 1970 (as enacted into permanent law by chapter VIII of the Supplemental Appropriations Act, 1971) ( 2 U.S.C. 31b–7(2) ) is amended by striking for 5 years, commencing at the expiration of the term of office of the individual as a Representative in Congress and inserting the following: for 1 year, commencing at the expiration of the individual’s service as Speaker . (b) Conforming Amendments (1) Use of office The first section of House Resolution 1238, Ninety-first Congress, agreed to December 22, 1970 (as enacted into permanent law by chapter VIII of the Supplemental Appropriations Act, 1971) ( 2 U.S.C. 31b–1(a) ), is amended— (A) by striking the expiration of his term of office as a Representative in Congress and inserting the expiration of the individual’s service as Speaker of the House of Representatives ; and (B) by striking his incumbency in office as a Representative in Congress and as Speaker and inserting the individual’s incumbency in office as Speaker . (2) Availability of allowance Section 2 of such House Resolution ( 2 U.S.C. 31b–2 ) is amended— (A) by striking the expiration of his term of office as a Representative in Congress and inserting the expiration of the individual’s service as Speaker of the House of Representatives ; and (B) by striking his incumbency in office as a Representative in Congress and as Speaker and inserting the individual’s incumbency in office as Speaker . (3) Franked mail Section 4 of such House Resolution ( 2 U.S.C. 31b–4 ) is amended by striking the expiration of his term of office as a Representative in Congress and inserting the expiration of the individual’s service as Speaker of the House of Representatives . (4) Additional staff Section 5 of such House Resolution ( 2 U.S.C. 31b–5 ) is amended— (A) by striking his incumbency in office as a Representative in Congress and as Speaker and inserting the individual’s incumbency in office as Speaker ; and (B) by striking the expiration of the term of office of the Speaker as a Representative in Congress and inserting the expiration of the individual’s service as Speaker . 2. Effective date The amendments made by this Act shall apply with respect to any individual who is a former Speaker of the House of Representatives at any time before, on, or after the date of the enactment of this Act.
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113-hr-3905
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I 113th CONGRESS 2d Session H. R. 3905 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mrs. Beatty introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve the response to missing children and victims of child sex trafficking.
1. Response to missing children and victims of child sex trafficking (a) Missing Children's Assistance Act Section 404(b)(1)(P)(iii) of the Missing Children's Assistance Act ( 42 U.S.C. 5773(b)(1)(P)(iii) ) is amended by striking child prostitution and inserting child sex trafficking . (b) Crime Control Act of 1990 Section 3702 of the Crime Control Act of 1990 ( 42 U.S.C. 5780 ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) a recent photograph of the child, if available; ; and (3) in paragraph (4)— (A) in subparagraph (A), by striking 60 days and inserting 30 days ; (B) in subparagraph (B), by striking and at the end; (C) in subparagraph (C)— (i) by inserting State and local child welfare systems and before the National Center for Missing and Exploited Children ; and (ii) by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (D) grant permission to the National Crime Information Center Terminal Contractor for the State to update the missing person record in the National Crime Information Center computer networks with additional information learned during the investigation relating to the missing person. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3905ih/xml/BILLS-113hr3905ih.xml
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113-hr-3906
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I 113th CONGRESS 2d Session H. R. 3906 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Braley of Iowa (for himself and Mr. Loebsack ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require States to carry out Congressional redistricting in accordance with plans developed by nonpartisan service agencies of the legislative branch of State governments, and for other purposes.
1. Short title This Act may be cited as the Fixing America’s Inconsistent Redistricting (FAIR) Act . 2. Requiring Redistricting to be Conducted Through Plan of Nonpartisan Service Agencies of State Legislatures (a) Use of Nonpartisan Plan Notwithstanding any other provision of law, any Congressional redistricting conducted by a State shall be conducted in accordance with a redistricting plan— (1) developed by a nonpartisan agency of the legislative branch of the State government in accordance with section 3; and (2) enacted into law by the State in accordance with section 4. (b) Conforming Amendment Section 22(c) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a(c) ), is amended by striking in the manner provided by the law thereof and inserting: in the manner provided by the Fixing America’s Inconsistent Redistricting (FAIR) Act . 3. Development of plan (a) Establishment or Designation of Nonpartisan Agency of State Legislature (1) In general Not later than each December 31 of the year preceding a redistricting year, each State shall establish a nonpartisan agency in the legislative branch of the State government to develop the redistricting plan for the State for the redistricting year. (2) Nonpartisanship described For purposes of this subsection, an agency shall be considered to be nonpartisan if under law the agency— (A) is required to provide services on a nonpartisan basis; (B) is required to maintain impartiality; and (C) is prohibited from advocating for the adoption or rejection of any proposal. (3) Designation of existing agency At its option, a State may designate an existing agency in the legislative branch of its government to develop the redistricting plan for the State under this Act, so long as the agency meets the requirements for nonpartisanship under this subsection. (4) Termination of agency specifically established for redistricting If a State does not designate an existing agency under paragraph (3) but instead establishes a new agency to serve as the nonpartisan agency under this section, the new agency shall terminate upon the enactment into law of the redistricting plan for the State. (b) Development of Redistricting Plan (1) Criteria The nonpartisan agency established or designated by a State under this section shall develop a redistricting plan for the State in accordance with the following criteria: (A) Adherence to the one person, one vote standard and other requirements imposed under the Constitution of the United States. (B) To the greatest extent mathematically possible, ensuring that the population of each Congressional district in the State does not vary by more than one percent from the population of any other Congressional district in the State (as determined on the basis of the total count of persons of the most recent decennial census conducted by the Bureau of the Census). (C) Consistency with any applicable requirements of the Voting Rights Act of 1965 and other Federal laws. (D) Ensuring that districts are contiguous (except to the extent necessary to include any area which is surrounded by a body of water). (E) To the greatest extent practicable, the maintenance of the geographic continuity of the political subdivisions of the State which are included in the same Congressional district. (F) To the greatest extent practicable, maintaining compact districts. (2) Factors prohibited from consideration In developing the redistricting plan for the State, the nonpartisan agency may not take into consideration any of the following factors, except to the extent necessary to comply with the Voting Rights Act of 1965: (A) The residence of incumbent Members of the House of Representatives in the State. (B) The voting history of the population of a Congressional district, except that the agency may take such history into consideration to the extent necessary to comply with any State law which requires the establishment of competitive Congressional districts. (C) The political party affiliation of the population of a district. (c) Submission of Plan to Legislature and Temporary Redistricting Advisory Commission Not later than April 1 of the redistricting year, the nonpartisan agency shall submit the redistricting plan developed under this section to the State legislature and to the Temporary Redistricting Advisory Commission of the legislature established under section 4(a). 4. Enactment of plan by State legislature (a) Role of Temporary Redistricting Advisory Commission (1) In general Not later than February 15 of each redistricting year, each State shall appoint a commission to be known as the Temporary Redistricting Advisory Commission (hereafter referred to as the Commission ), consisting of— (A) 2 members, of whom 1 shall be appointed by the majority leader of the upper house of the State legislature and 1 shall be appointed by the majority leader of the lower house of the State legislature (or, in the case of a State with a unicameral legislature, both of whom shall be appointed by the majority leader of the legislature); (B) 2 members, of whom 1 shall be appointed by the minority leader of the upper house of the State legislature and 1 shall be appointed by the minority leader of the lower house of the State legislature (or, in the case of a State with a unicameral legislature, both of whom shall be appointed by the minority leader of the legislature); and (C) 1 member appointed by a majority vote of the members appointed under the previous subparagraphs. (2) Qualifications An individual is eligible to serve as a member of the Commission if the individual meets each of the following requirements: (A) The individual is an eligible elector of the State at the time of appointment. (B) The individual does not hold a partisan political office or serve as an officer of a political party. (C) The individual is not an employee or an immediate family member of a member of the State legislature or member of Congress, or an employee of the State legislature or Congress. In this subparagraph, the term immediate family member means, with respect to an individual, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law. (3) Assistance to nonpartisan agency At the request of the nonpartisan agency established or designated under section 3, the Commission shall provide guidance to the agency in its development of the redistricting plan for the State. (4) Review of nonpartisan agency plan (A) Hearings Upon receiving the redistricting plan from the nonpartisan agency under section 3(c), the Commission shall analyze and review the plan, and shall hold at least 3 public hearings in various geographic areas of the State to solicit comments on the plan. (B) Report to legislature Not later than 14 days after receiving the redistricting plan from the nonpartisan agency under section 3, the Commission shall submit a report to the State legislature which includes the Commission’s recommendation regarding whether the legislature should adopt or reject the plan, taking into account any comments provided at the hearings held under subparagraph (A), as well as any other comments and conclusions regarding the plan which the Commission considers appropriate. (5) Termination The Commission shall terminate upon the enactment into law of the redistricting plan for the State. (b) Action by State Legislature and Chief Executive To Enact Plan (1) Consideration of plan by legislature Not later than 3 days after receiving the Commission’s report under subsection (a) on the redistricting plan developed by the nonpartisan agency, the State legislature shall either— (A) approve the plan as submitted by the nonpartisan agency without amendment and forward the plan to the chief executive of the State; or (B) reject the plan. (2) Enactment of plan (A) In general A redistricting plan developed by the nonpartisan agency shall be considered to be enacted into law if the plan is forwarded to the chief executive of the State pursuant to paragraph (1)(A) and— (i) the chief executive approves the plan as forwarded by the legislature without amendment; or (ii) the chief executive vetoes the plan and the legislature overrides the veto in accordance with the applicable law of the State, except that at no time may the plan be amended. (B) Special rule In the case of a State in which the chief executive is prohibited under State law from acting on a redistricting plan, a redistricting plan developed by the nonpartisan agency shall be considered to be enacted into law if the State legislature approves the plan as submitted by the nonpartisan agency without amendment. (c) Effect of Rejection of Plan (1) Rejection by legislature If the State legislature votes under subsection (b)(1) to reject the redistricting plan of the nonpartisan agency, not later than 7 days after the vote to reject the plan the legislature shall submit to the nonpartisan agency and disseminate publicly a statement of the legislature’s reasons for rejecting the plan. (2) Veto by chief executive If the chief executive vetoes the redistricting plan of the nonpartisan agency and the State legislature fails to override the veto, not later than 7 days after the failed vote to override the veto the chief executive shall submit to the nonpartisan agency and disseminate publicly a statement of the chief executive’s reasons for vetoing the plan. (3) Development and submission of revised plan Not later than 35 days after receiving a statement from the State legislature under paragraph (1) or a statement from the chief executive of the State under paragraph (2) (as the case may be), the nonpartisan agency established or designated under section 3 shall develop a revised redistricting plan for the State which is consistent with the criteria set forth in section 3(b) but which addresses the reasons provided under paragraph (1) or paragraph (2) (as the case may be) for the rejection of the plan, and shall submit the revised plan to the State legislature. (4) Consideration of revised plan by legislature Not later than 7 days after receiving the revised redistricting plan under paragraph (3), the State legislature shall either— (A) approve the revised plan as submitted by the nonpartisan agency without amendment and forward the plan to the chief executive of the State; or (B) reject the plan. (5) Enactment of revised plan Subsection (b)(2) shall apply with respect to the enactment of the revised plan developed and submitted by the nonpartisan agency under paragraph (3) in the same manner as such subsection applies with respect to the initial redistricting plan developed and submitted by the agency under such subsection. (d) Effect of Rejection of Revised Plan; Permitting Legislature To Amend Second Revised Plan (1) Rejection by legislature If the State legislature votes under subsection (c)(4) to reject the revised redistricting plan of the nonpartisan agency, not later than 7 days after the vote to reject the plan the legislature shall submit to the nonpartisan agency and disseminate publicly a statement of the legislature’s reasons for rejecting the revised plan. (2) Veto by chief executive If the chief executive vetoes the revised redistricting plan of the nonpartisan agency and the State legislature fails to override the veto, not later than 7 days after the failed vote to override the veto the chief executive shall submit to the nonpartisan agency and disseminate publicly a statement of the chief executive’s reasons for vetoing the revised plan. (3) Development and submission of second revised plan Not later than 35 days after receiving a statement from the State legislature under paragraph (1) or a statement from the chief executive of the State under paragraph (2) (as the case may be), the nonpartisan agency established or designated under section 3 shall develop a second revised redistricting plan for the State which is consistent with the criteria set forth in section 3(b) but which addresses the reasons provided under paragraph (1) or paragraph (2) (as the case may be) for the rejection of the revised plan, and shall submit the second revised plan to the State legislature. (4) Consideration of second revised plan by legislature Not later than 7 days after receiving the second revised redistricting plan under paragraph (3), the State legislature shall either— (A) approve the second revised plan as submitted by the nonpartisan agency with or without amendment and forward the plan to the chief executive of the State; or (B) reject the plan. (5) Enactment of second revised plan Subsection (b)(2) shall apply with respect to the enactment of the second revised plan developed and submitted by the nonpartisan agency under paragraph (3) in the same manner as such subsection applies with respect to the initial redistricting plan developed and submitted by the agency under such subsection. (e) Rejection of Second Revised Plan (1) Development of plan by highest court of State If the second revised redistricting plan developed and submitted under subsection (d) is not enacted into law, the highest court of the State shall assume sole responsibility for the development and enactment of the redistricting plan for the State, and shall publish the plan it develops not later than November 15 of the redistricting year. (2) Application of same criteria used by nonpartisan agency Section 3(b) shall apply with respect to the development of the redistricting plan by a court under this subsection in the same manner as such section applies to the development of the plan by the nonpartisan agency under section 3. (3) Enactment upon publication Upon the publication by the highest court of the State of the redistricting plan under this subsection, the plan shall be deemed to be enacted into law. 5. Redistricting year defined In this Act, the term redistricting year means, with respect to a State, the year in which the chief executive officer of the State receives the notice from the Clerk of the House of Representatives under section 22(b) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), of the number of Representatives to which the State is entitled. 6. No effect on elections for State and local office Nothing in this Act or in any amendment made by this Act may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. 7. Effective date This Act and the amendments made by this Act shall apply with respect to any Congressional redistricting which occurs after the regular decennial census conducted during 2020.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3906ih/xml/BILLS-113hr3906ih.xml
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113-hr-3907
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I 113th CONGRESS 2d Session H. R. 3907 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Cohen introduced the following bill; which was referred to the Committee on the Judiciary A BILL To increase public confidence in the justice system and address any unwarranted racial and ethnic disparities in the criminal process.
1. Short title This Act may be cited as the Justice Integrity Act of 2014 . 2. Findings Congress finds that— (1) the pursuit of justice requires the fair application of the law; (2) racial and ethnic disparities in the criminal process have contributed to a growing perception of bias in the criminal justice system; (3) there are a variety of possible causes of disparities in criminal justice statistics among racial and ethnic groups and these causes may differ throughout the United States, including crime rates, racial discrimination, ethnic and cultural insensitivity, or unconscious bias, as well as other factors; (4) the Nation would benefit from an understanding of all factors causing a disparate impact on the criminal justice system; and (5) programs that promote fairness will increase public confidence in the criminal justice system, increase public safety, and further the pursuit of justice. 3. Pilot program (a) In general Not later than 90 days after the date of enactment of this Act, the Attorney General shall establish a pilot program in 10 United States districts in order to promote fairness, and the perception of fairness, in the Federal criminal justice system, and to determine whether legislation is required. (b) Program requirements (1) U.S. Attorneys The Attorney General shall designate, in accordance with paragraph (3), 10 United States Attorneys who shall each implement a plan in accordance with section 4, beginning not later than 1 month after those United States Attorneys are designated by the Attorney General. (2) Purpose The purposes of the plans required by this section are— (A) to gather racial and ethnic data on investigations and prosecutions in the United States districts and the causes of disparities, if any; (B) to determine the extent to which the communities’ perception of bias has affected confidence in the Federal criminal justice system; (C) to analyze whether measures may be taken to reduce unwarranted disparities, if any, and increase confidence in the criminal justice system; and (D) to make recommendations, to the extent possible, to ensure that law enforcement priorities and initiatives, charging and plea bargaining decisions, sentencing recommendations, and other steps within the criminal process are not influenced by racial and ethnic stereotyping or bias, and do not produce unwarranted disparities from otherwise neutral laws or policies. (3) Criteria for selection (A) In general The 10 pilot districts referred to in subsection (a) shall include districts of varying compositions with respect to size, case load, geography, and racial and ethnic composition. (B) Metropolitan areas At least 3 of the United States Attorneys designated by the Attorney General shall be in Federal districts encompassing metropolitan areas. 4. Plan and report (a) In general (1) United States Attorney Each United States Attorney shall, in consultation with an advisory group appointed in accordance with paragraph (2), develop and implement a plan in accordance with subsections (b) and (c). (2) Advisory group (A) Appointment Not later than 90 days after designation by the Attorney General, the United States Attorney in each of the 10 pilot districts selected pursuant to section 3 shall appoint an advisory group, after consultation with the chief judge of the district and criminal justice professionals within the district. (B) Membership The advisory group of a United States Attorney shall include— (i) 1 or more senior social scientists with expertise in research methods or statistics; and (ii) individuals and entities who play important roles in the criminal justice process and have broad-based community representation such as— (I) Federal and State prosecutors; (II) Federal and State defenders, if present in the district, and private defense counsel; (III) Federal and State judges; (IV) Federal and State law enforcement officials and union representatives; (V) a member of the United States Sentencing Commission or designee; (VI) parole and probation officers; (VII) correctional officers; (VIII) victim’s rights representatives; (IX) civil rights organizations; (X) business and professional representatives; and (XI) faith-based organizations that provide services to people involved in the criminal justice system. (C) Term limit Subject to subparagraph (D), a member of the advisory group shall not serve longer than 5 years. (D) Permanent members Notwithstanding subparagraph (C), the following shall be permanent members of the advisory group for that district: (i) The chief judge for the judicial district. (ii) The Federal defender for the judicial district. (iii) The United States Attorney for the judicial district. (E) Reporter The United States Attorney may designate a reporter for each advisory group, who may be compensated in accordance with guidelines established by the Executive Office of the United States Attorneys. (F) Independent contractors The members of an advisory group of a United States Attorney and any person designated as a reporter for such group— (i) shall be considered independent contractors of the United States Attorney’s Office when in the performance of official duties of the advisory group; and (ii) may not, solely by reason of service on or for the advisory group, be prohibited from practicing law before any court. (b) Development and implementation of a plan and report (1) Advisory group report The advisory group appointed under subsection (a)(2) shall— (A) (i) systematically collect and analyze quantitative data on the race and ethnicity of the defendant and victim at each stage of prosecution, including case intake, bail requests, declinations, selection of charges, diversion from prosecution or incarceration, plea offers, sentencing recommendations, fast-track sentencing, and use of alternative sanctions; and (ii) at a minimum, collect aggregate data capable of individualization and tracking through the system so that any cumulative racial or ethnic disadvantage can be analyzed; (B) seek to determine the causes of racial and ethnic disparities in a district, and whether these disparities are substantially explained by sound law enforcement policies or if they are at least partially attributable to discrimination, insensitivity, or unconscious bias; (C) examine the extent to which racial and ethnic disparities are attributable to— (i) law enforcement priorities, prosecutorial priorities, the substantive provisions of legislation enacted by Congress; or (ii) the penalty schemes enacted by Congress or implemented by the United States Sentencing Commission; (D) examine data including— (i) the racial and ethnic demographics of the United States Attorney’s district; (ii) defendants charged in all categories of offense by race and ethnicity, and, where applicable, the race and ethnicity of any identified victim; (iii) recommendations for sentencing enhancements and reductions, including the filing of substantial assistance motions, whether at sentencing or post-conviction, by race and ethnicity; (iv) charging policies, including decisions as to who should be charged in Federal rather than State court when either forum is available, and whether these policies tend to result in racial or ethnic disparities among defendants charged in Federal court, including whether relative disparities exist between State and Federal defendants charged with similar offenses; (v) the racial and ethnic composition of the Federal prosecutors in the district; and (vi) the extent to which training in the exercise of discretion, including cultural competency, is provided prosecutors; (E) consult with an educational or independent research group, if necessary, to conduct work under this subsection; and (F) submit to the United States Attorney by the end of the second year after their initial appointment a report and proposed plan, which shall be made available to the public and which shall include— (i) factual findings and conclusions on racial and ethnic disparities, if any, and the State of public confidence in the criminal process; (ii) recommended measures, rules, and programs for reducing unjustified disparities, if any, and increasing public confidence; and (iii) an explanation of the manner in which the recommended plan complies with this paragraph. (2) Adoption of plan Not later than 60 days after receiving and considering the advisory group’s report and proposed plan under paragraph (1), the United States Attorney appointed under section 3 shall adopt and implement a plan. (3) Copy of report The United States Attorney shall transmit a copy of the plan and report adopted and implemented, in accordance with this subsection, together with the report and plan recommended by the advisory group, to the Attorney General. The United States Attorney shall include with the plan an explanation of any recommendation of the advisory group that is not included in the plan. (4) Congress The Attorney General shall transmit to the United States Attorneys in every Federal district and to the Committees on the Judiciary of the Senate and the House of Representatives copies of any plan and accompanying report submitted by a pilot district. (c) Periodic United States attorney assessment After adopting and implementing a plan under subsection (b), each United States Attorney in a pilot district shall annually evaluate the efficacy of the plan. In performing such assessment, the United States Attorney shall consult with the advisory group appointed in accordance with subsection (a)(2). Each assessment shall be submitted to the Executive Office for United States Attorneys for review in accordance with subsection (d). (d) Information on the pilot program (1) Report and model plan Not later than 5 years after the date of the enactment of this Act, the Attorney General shall— (A) prepare a comprehensive report on all plans received pursuant to this section; (B) based on all the plans received pursuant to this section the Attorney General shall also develop one or more model plans; and (C) transmit copies of the report and model plan or plans to the Committees on the Judiciary of the Senate and the House of Representatives. (2) Continued oversight The Attorney General shall, on a continuing basis— (A) study ways to reduce unwarranted racial and ethnic disparate impact in the Federal criminal system; and (B) make recommendations to all United States Attorneys on ways to improve the system. 5. Authorization of appropriations There are authorized to be appropriated $3,000,000 for use, at the discretion of the Attorney General, by the United States Attorneys’ advisory groups in the development and implementation of plans under this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3907ih/xml/BILLS-113hr3907ih.xml
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113-hr-3908
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I 113th CONGRESS 2d Session H. R. 3908 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Cohen introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to provide for improvements under the Edward Byrne Memorial Justice Assistance Grant Program to reduce racial and ethnic disparities in the criminal justice system.
1. Short title This Act may be cited as the Byrne/JAG Program Accountability Act . 2. Improvements under the Edward Byrne Memorial Justice Assistance Grant Program to reduce racial and ethnic disparities in the criminal justice system Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3751 ) is amended by adding at the end the following new subsection: (h) Racial disparities practices For years beginning after the date of the enactment of the Byrne/JAG Program Accountability Act, States and units of local government receiving funds under this subpart shall implement policy, practice, and system improvement strategies at the State, local, and tribal levels, as applicable, to identify and reduce racial and ethnic disparities among individuals who come into contact with or are under the supervision of the criminal justice system, without establishing or requiring numerical standards or quotas, through each of the following methods: (1) Establishing coordinating bodies, composed of criminal justice stakeholders at the State, local, or tribal levels, as applicable, to oversee and monitor efforts by such States, unit of local government, or Indian tribe to reduce racial and ethnic disparities. (2) Identifying and analyzing key decision points in the criminal justice system of the State, unit of local government, or Indian tribe, as applicable, to determine which points create racial and ethnic disparities among those who come into contact with the justice system. (3) Developing and implementing data collection and analysis systems to identify where racial and ethnic disparities exist in the criminal justice system and to track and analyze such disparities. (4) Developing and implementing a work plan that includes measurable objectives for policy practice or other system changes, based on the needs identified in the data collection and analysis under paragraphs (2) and (3). (5) Publicly reporting, on an annual basis, the efforts made in accordance with paragraphs (2), (3), and (4) during the previous year. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3908ih/xml/BILLS-113hr3908ih.xml
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113-hr-3909
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I 113th CONGRESS 2d Session H. R. 3909 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Cohen introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 39, United States Code, to provide that the payment of a bill, invoice, or statement of account due, if made by mail, shall be considered to have been made on the date as of which the envelope which is used to transmit such payment is postmarked.
1. Short title This Act may be cited as the Postmark Payment Act of 2014 . 2. Date of postmark to be treated as date of payment of a bill, invoice, or statement of account due (a) In general Chapter 26 of title 39, United States Code, is amended by adding at the end the following: 2606. Date of postmark to be treated as date of payment of a bill, invoice, or statement of account due (a) If any payment required to be made on or before a prescribed date is, after such date, delivered by the Postal Service to the payee, such payment shall be deemed received by the payee on the date of the United States postmark stamped on the envelope or other cover in which such payment is mailed. (b) Subsection (a) shall not apply with respect to any payment— (1) other than a payment on a bill, invoice, or statement of account due; (2) which is required, by law, regulation, or contract, to be delivered by any method other than by mail; or (3) which is subject to any other provision of Federal law specifying how a postmark date shall be used in determining the date on which such payment shall be deemed to have been delivered or made. (c) Subsection (a) shall apply only if— (1) the postmark date falls on or before the prescribed date for making the payment; and (2) the payment was, on or before such date, deposited in the mail in the United States in an envelope or under other appropriate cover, postage prepaid, properly addressed to the payee. (d) Subsection (a) shall not apply in the case of a postmark not made by the Postal Service. (e) For purposes of this section— (1) the term payee , as used with respect to a payment, includes any person duly authorized to receive such payment; and (2) the term United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (f) Regulations to carry out this section may be prescribed by the Postal Service. . (b) Conforming amendment The table of sections for chapter 26 of title 39, United States Code, is amended by adding at the end the following: 2606. Date of postmark to be treated as date of payment of a bill, invoice, or statement of account due. . 3. Effective date The amendments made by this Act shall apply with respect to any mailing postmarked after the end of the 3-month period beginning on the date of enactment of this Act.
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113-hr-3910
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I 113th CONGRESS 2d Session H. R. 3910 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Cohen introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 39, United States Code, to allow the United States Postal Service to provide nonpostal services, and for other purposes.
1. Short title This Act may be cited as the Expand Nonpostal Services to Americans Act . 2. Authority to offer nonpostal services Section 404 of title 39, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (7), by striking and at the end; (B) in paragraph (8), by striking the period and inserting ; and ; and (C) by adding at the end the following: (9) to provide nonpostal services. ; and (2) by striking subsection (e).
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113-hr-3911
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I 113th CONGRESS 2d Session H. R. 3911 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Danny K. Davis of Illinois introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs.
1. Bullying and Harassment Prevention Policies, Programs, and Statistics (a) State Reporting Requirements Section 4112(c)(3)(B)(iv) of the Safe and Drug-Free Schools and Communities Act ( 20 U.S.C. 7112(c)(3)(B)(iv) ) is amended by inserting , including bullying and harassment, after violence . (b) State Application Section 4113(a) of such Act ( 20 U.S.C. 7113(a) ) is amended— (1) in paragraph (9)— (A) in subparagraph (C), by striking and at the end; and (B) by adding at the end the following: (E) the incidence and prevalence of reported incidents of bullying and harassment; and (F) the perception of students regarding their school environment, including with respect to the prevalence and seriousness of incidents of bullying and harassment and the responsiveness of the school to those incidents; ; (2) in paragraph (18), by striking and at the end; (3) in paragraph (19), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (20) provides an assurance that the State educational agency will provide assistance to districts and schools in their efforts to prevent and appropriately respond to incidents of bullying and harassment and describes how the agency will meet this requirement. . (c) Local Educational Agency Program Application Section 4114(d) of such Act ( 20 U.S.C. 7114(d) ) is amended— (1) in paragraph (2)(B)(i)— (A) in the matter preceding subclause (I), by striking the semicolon and inserting a comma; (B) in subclause (I), by striking and at the end; and (C) by adding at the end the following: (III) performance indicators for bullying and harassment prevention programs and activities; and ; and (2) in paragraph (7)— (A) in subparagraph (A), by inserting , including bullying and harassment after disorderly conduct ; (B) in subparagraph (D), by striking and at the end; and (C) by adding at the end the following: (F) annual notice to parents and students describing the full range of prohibited conduct contained in the discipline policies described in subparagraph (A); and (G) complaint procedures for students or parents that seek to register complaints regarding the prohibited conduct contained in the discipline policies described in subparagraph (A), including— (i) the name of the school or district officials who are designated as responsible for receiving such complaints; and (ii) timelines that the school or district will follow in the resolution of such complaints; . (d) Authorized Activities Section 4115(b)(2) of such Act ( 20 U.S.C. 7115(b)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (vi), by striking and at the end; (B) in clause (vii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (viii) teach students about the consequences of bullying and harassment. ; and (2) in subparagraph (E), by adding at the end the following: (xxiii) Programs that address the causes of bullying and harassment and that train teachers, administrators, and counselors regarding strategies to prevent bullying and harassment and to effectively intervene when such incidents occur. . (e) Reporting Section 4116(a)(2)(B) of such Act ( 20 U.S.C. 7116(a)(2)(B) ) is amended by inserting , including bullying and harassment, after drug use and violence . (f) Impact Evaluation Section 4122 of such Act ( 20 U.S.C. 7132 ) is amended— (1) in subsection (a)(2), by striking and school violence and inserting school violence, including bullying and harassment, ; and (2) in the first sentence of subsection (b), by inserting , including bullying and harassment, after drug use and violence . (g) Definitions (1) Drug and Violence Prevention Paragraph (3)(B) of section 4151 of such Act ( 20 U.S.C. 7151 ) is amended by inserting , bullying, and other harassment after sexual harassment and abuse . (2) Protective Factor, Buffer, or Asset Paragraph (6) of such section is amended by inserting , including bullying and harassment after violent behavior . (3) Risk Factor Paragraph (7) of such section is amended by inserting , including bullying and harassment after violent behavior . (4) Bullying, Harassment, and Violence Such section is further amended by adding at the end the following: (12) Bullying (A) In general The term bullying means aggressive behavior that is intended to cause distress or harm, involves an imbalance of power or strength between the aggressor and the victim and that favors the aggressor, and typically occurs repeatedly over time. Bullying may take many forms, including physical, verbal, relational, and cyber. Bullying can be conduct or behavior or that is based on, but not limited to, a student’s actual or perceived identity with regard to race, color, national origin, sex, gender identity, disability, sexual orientation, religion, or other distinguishing characteristics that may be defined by a State or local educational agency that— (i) is directed at one or more students; (ii) substantially interferes with educational opportunities or programs of such students; and (iii) adversely affects the ability of a student to participate in or benefit from the school’s educational programs or activities by placing a student in reasonable fear of physical or mental harm. (B) Association Such term includes conduct described in clauses (i), (ii), and (iii) of subparagraph (A) that is based on— (i) a student’s association with another individual; and (ii) a characteristic of the other individual that is referred to in subparagraph (A). (C) Cyberbullying (i) In general Such term includes conduct described in subparagraph (A) that is undertaken, in whole or in part, through use of technology or electronic communications (including electronic mail, Internet communications, instant messages, or facsimile communications) to transmit images, text, sounds, or other data. (ii) Sexting Such term includes transmitting a nude picture by a means described in clause (i) if such transmission constitutes conduct described in subparagraph (A). (iii) False identity Such term includes knowingly impersonating another person as the author of posted content or messages on the Internet in order to trick, tease, harass, or spread rumors about the other person. (13) Harassment The term harassment means conduct, including conduct that is based on a student’s actual or perceived identity with regard to race, color, national origin, gender identity, disability, sexual orientation, religion, or any other distinguishing characteristics that may be defined by a State or local educational agency, that— (A) is directed at one or more students; (B) substantially interferes with educational opportunities or educational programs of such students; and (C) adversely affects the ability of a student to participate in or benefit from the school’s educational programs or activities because the conduct as reasonably perceived by the student is so severe, persistent, or pervasive. (14) Violence The term violence includes bullying and harassment. . (h) Effect on Other Laws (1) Amendment The Safe and Drug-Free Schools and Communities Act ( 20 U.S.C. 7101 et seq. ) is amended by adding at the end the following: 4156. Effect on Other Laws (a) Federal and State Nondiscrimination Laws Nothing in this part shall be construed to alter legal standards regarding, or limit rights available to victims of, bullying or harassment under other Federal or State laws, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (b) Free Speech and Expression Laws Nothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals under, other Federal laws that establish protections for freedom of speech and expression. . (2) Clerical Amendment The table of contents of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended by adding after the item relating to section 4155 the following: Sec. 4156. Effect on other laws. .
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113-hr-3912
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I 113th CONGRESS 2d Session H. R. 3912 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Ms. DelBene (for herself, Mr. Kind , and Ms. Pingree of Maine ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide reimbursement under the Medicaid program to individuals and entities that provide voluntary non-emergency medical transportation to Medicaid beneficiaries for expenses related to no-load travel.
1. Short title This Act may be cited as the Recruiting Individuals to Drive Our Elders Act of 2014 or the RIDE Act of 2014 . 2. Reimbursement for no-load travel costs incurred by volunteers providing non-emergency medical transportation to Medicaid beneficiaries (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall publish an interim final rule to revise the Medicaid transportation regulations at sections 431.53 and 440.170 of title 42, Code of Federal Regulations, as necessary, to allow a State plan for medical assistance under title XIX of the Social Security Act to provide, at the option of the State, reimbursement for costs attributable to providing no-load volunteer travel services to individuals eligible for medical assistance under the State plan who require transportation to receive non-emergency medical treatment. (b) No-Load volunteer travel service For purposes of subsection (a), the term no-load volunteer travel service means travel services that— (1) are provided by a person who, as determined by a State, local, or tribal government, provides such services on a volunteer basis (referred to in this subsection as a volunteer ); and (2) are necessary for the volunteer to— (A) travel from the originating location of the volunteer to the location of an individual who is eligible for medical assistance under the State Medicaid plan and requires transportation to receive non-emergency medical treatment (including, for purposes of an individual who requested transportation to receive non-emergency medical treatment and subsequently refused such transportation or was not present at the requested pick-up location, any travel that is necessary for the volunteer to return to their originating location); (B) for purposes of an individual who has been provided transportation by the volunteer to receive non-emergency medical treatment and is required to remain at the treatment location overnight or for an extended period of time (as determined appropriate by a State, local, or tribal government), return to the originating location of the volunteer and, following the completion of such treatment, travel back to the treatment location; and (C) following any transportation that is necessary to return an individual who has received non-emergency medical treatment to their pick-up location, return to the originating location of the volunteer.
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113-hr-3913
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I 113th CONGRESS 2d Session H. R. 3913 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Duffy introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Bank Holding Company Act of 1956 to require agencies to make considerations relating to the promotion of efficiency, competition, and capital formation before issuing or modifying certain regulations.
1. Rulemaking considerations Section 13 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851 ) is amended by adding at the end the following: (i) Consideration of Promotion of Efficiency, Competition, and Capital Formation In issuing or modifying any regulation under this section, the appropriate Federal banking agencies, the Commodity Futures Trading Commission, and the Securities and Exchange Commission— (1) shall consider whether the regulation is necessary or appropriate in the public interest; (2) shall consider whether the regulation will promote efficiency, competition, and capital formation; (3) shall consider, among other matters, the impact the regulation would have on competition; (4) may not adopt the regulation if it would impose a burden on competition not necessary or appropriate in furtherance of the purposes of this section; and (5) shall include in the statement of basis and purpose incorporated in the regulation adopted under this section, the reasons for the determination under paragraph (4) that any burden on competition imposed by the regulation is necessary or appropriate in furtherance of the purposes of this section. .
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113-hr-3914
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I 113th CONGRESS 2d Session H. R. 3914 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Foster (for himself, Mr. Veasey , Mr. Deutch , Mr. Quigley , Ms. Schakowsky , Mr. Tonko , Mr. Lowenthal , and Mr. Holt ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for improvements in the treatment of detainees, and for other purposes.
1. Short title This Act may be cited as the Immigrant Detainee Legal Rights Act . 2. Office of legal access programs (a) Establishment of office of legal access programs The Attorney General shall establish and maintain, within the Executive Office for Immigration Review, an Office of Legal Access Programs to develop and administer a system of legal orientation programs to make immigration proceedings more efficient and cost-effective by educating aliens regarding administrative procedures and legal rights under United States immigration law and to establish other programs to assist in providing aliens access to legal information. The Attorney General shall submit a plan to Congress not later than 180 days after the enactment of this Act including a schedule to develop and deploy legal orientation programs for all detainees not later than 1 year after the enactment of this Act. The Attorney General shall seek input from nongovernmental organizations and stakeholders in developing this plan. (b) Legal orientation programs The legal orientation programs— (1) shall provide programs to assist detained aliens in making informed and timely decisions regarding their removal and eligibility for relief from removal in order to increase efficiency and reduce costs in immigration proceedings and Federal custody processes and to improve access to counsel and other legal services; (2) shall ensure that programs and written notice of rights are available in English and the five most common native languages spoken by the detainees held in custody at that location during the preceding fiscal year; (3) shall identify unaccompanied alien children, aliens with a serious mental disability, and other particularly vulnerable aliens for consideration by the Attorney General pursuant to section 292(c) of the Immigration and Nationality Act, as added by section 3502(c); and (4) may provide services to detained aliens in immigration proceedings under sections 235, 238, 240, and 241(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1225 , 1228, 1229a, and 1231(a)(5)) and to other aliens in immigration and asylum proceedings under sections 235, 238, and 240 of the Immigration and Nationality Act ( 8 U.S.C. 1225 , 1228, and 1229a). (c) Procedures The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures that ensure that legal orientation programs are available for all detained aliens within 5 days of arrival into custody and to inform such aliens of the basic procedures of immigration hearings, their rights relating to those hearings under the immigration laws, information that may deter such aliens from filing frivolous legal claims, and any other information deemed appropriate by the Attorney General, such as a contact list of potential legal resources and providers. (d) Rule of construction Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (e) Funding There shall be appropriated such sums as may be necessary to carry out this section.
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113-hr-3915
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I 113th CONGRESS 2d Session H. R. 3915 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Education to modify the FAFSA to include a space for the purpose of identifying whether a student is a foster youth, and for other purposes.
1. Identification of foster youth on the FAFSA Section 483(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1090(a) ) is amended by adding at the end the following: (13) Foster youth The Secretary shall— (A) include a space on the forms developed under this subsection for the purpose of identifying students who are foster youth or were in the foster care system and who are seeking financial assistance under this title; and (B) notify each student who identifies him or herself under subparagraph (A) as a foster youth or as having been in the foster care system of the student’s potential eligibility for Federal student financial aid, including postsecondary education programs through the John H. Chafee Foster Care Independence Program under section 477 of the Social Security Act ( 42 U.S.C. 677 ) and any other Federal programs under which such student may be eligible to receive assistance. .
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113-hr-3916
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I 113th CONGRESS 2d Session H. R. 3916 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Kilmer introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to promote the expansion of spectrum-based services to exceptionally hard-to-serve populations in unserved and underserved geographic locations.
1. Short title This Act may be cited as the Promoting Rural Broadband Act of 2014 . 2. Promotion of spectrum-based services in unserved and underserved locations Section 309(j)(4) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(4) ) is amended— (1) in subparagraph (E), by striking and at the end; (2) in subparagraph (F), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (G) promote the expansion of spectrum-based services to exceptionally hard-to-serve populations in unserved and underserved geographic locations. .
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113-hr-3917
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I 113th CONGRESS 2d Session H. R. 3917 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Kilmer introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate and expand wilderness areas in Olympic National Forest in the State of Washington, and to designate certain rivers in Olympic National Forest and Olympic National Park as wild and scenic rivers, and for other purposes.
1. Short title This Act may be cited as the Wild Olympics Wilderness and Wild and Scenic Rivers Act of 2014 . 2. Findings Congress finds that— (1) wilderness and wild and scenic river designations provide myriad benefits to the local community and beyond, including— (A) recreation, as evidenced by the more than 12,000,000 visitors each year to wilderness areas who participate in recreation activities such as hiking, horseback riding, hunting, fishing, skiing, climbing, camping, and floating and rafting; (B) wildlife habitat, by providing permanent and durable protection for habitat for varied wildlife species, including endangered species; (C) clean water for local communities that rely on the Olympic National Forest as the source for clean and safe drinking water; (D) municipal watersheds for cities such as Port Townsend, Washington; (E) the ancient forests, salmon streams, and unique scenery of the Olympic National Forest, which provide local businesses with a competitive edge over other regions in attracting and retaining the talented people required by local companies; (F) the popular National Parks, monuments, wilderness areas, and other public land of the West, which have provided a competitive advantage to the growing high technology and professional services industries of the West, such as health care, education, and business, enabling the West to outperform the rest of the United States economy in key measures of growth, including employment, population, and personal income during the 4 decades immediately preceding the date of enactment of this Act; and (G) protecting and enhancing local travel, tourism, hunting, fishing, and outdoor recreation industries; (2) under the Wilderness Act ( 16 U.S.C. 1131 et seq. )— (A) land designated as wilderness protects ecological, geological, or other features of scientific, scenic, or historical value ; (B) Federal agencies retain the ability to use any means necessary to protect and control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate; and (C) wilderness designations do not apply to private land; (3) this Act does not designate private land inholdings as wilderness; (4) under the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. )— (A) certain rivers are preserved to safeguard outstanding natural, cultural, and recreational values for current and future generations; (B) designation as a wild and scenic river does not give the Federal Government control over private property and provides no additional authority for expanding designated river segments, except as provided in this Act and other Acts; (C) existing water rights are not impacted; (D) the jurisdiction of the States and the Federal Government over waters are not impacted, as determined by established principles of law; and (E) river segments classified as scenic or recreational allow construction of new access points, restoration thinning, and motorized access; (5) the areas protected under this Act unquestionably meet all requirements under Federal law (including regulations), as the areas contain— (A) old growth stands, temperate rain forests, and large swaths of roadless forests, more than 99 percent of which could not be commercially harvested under existing Federal law (including regulations); (B) the wilderness areas established under this Act are areas that are prized by hikers, hunters, anglers, and others and will be preserved and protected for recreational enjoyment for generations to come; and (C) rivers and tributaries that— (i) are a source of clean water for many communities on the Olympic Peninsula; and (ii) provide important habitat for salmon and other species of fish and supply the cold freshwater that feeds the Puget Sound and creates the necessary conditions for clams, oysters, and mussels, whose growers contribute more than $250,000,000 to the economy and support thousands of jobs in the State of Washington; (6) as a result of this Act— (A) no roads would be closed; (B) management decisions by local Forest Service managers as to which roads should be closed, maintained, or remain open for public access will not be impacted and any ongoing travel management processes will continue to be the manner by which those decisions are made, along with public input; and (C) no private land would be subject to management under the Wilderness Act ( 16 U.S.C. 1131 et seq. ) or the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ); (7) private property rights are central to the United States and the economy of the United States, and it shall be the policy of the United States to encourage, support, and promote the private ownership of property to ensure that the constitutional and other legal rights of private property owners are not abridged by the Federal Government; (8) the Olympic Peninsula is home to 8 federally recognized Indian tribes; and (9) the United States acknowledges the trust obligations of the Federal Government to Indian tribes and recognizes that— (A) the case styled United States v. Washington (384 F. Supp. 312) guaranteed certain Indian tribes in the State of Washington harvest rights to Pacific salmon, leading to employment opportunities for tribal members; (B) tribal governments provide a wide range of critical services to enrolled members, including education and cultural activities; (C) Indian tribes engage in ongoing efforts to restore and improve salmon populations and habitat across the Olympic Peninsula, frequently in conjunction with Federal, State, and local governments and private stakeholders; and (D) ongoing tribal efforts to protect and improve salmon habitat and the habitats of other threatened species populations are encouraged and supported in order to support the long-term health of the ecosystem and the economic benefit those resources provide. 3. Designation of Olympic National Forest wilderness areas (a) In General In furtherance of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following Federal land in the Olympic National Forest in the State of Washington comprising approximately 126,554 acres, as generally depicted on the map entitled Proposed Wild Olympics Wilderness and Wild and Scenic Rivers Act and dated May 29, 2012 (referred to in this section as the map ), is designated as wilderness and as components of the National Wilderness Preservation System: (1) Lost Creek Wilderness Certain Federal land managed by the Forest Service, comprising approximately 7,159 acres, as generally depicted on the map, which shall be known as the Lost Creek Wilderness . (2) Rugged Ridge Wilderness Certain Federal land managed by the Forest Service, comprising approximately 5,956 acres, as generally depicted on the map, which shall be known as the Rugged Ridge Wilderness . (3) Alckee Creek Wilderness Certain Federal land managed by the Forest Service, comprising approximately 1,787 acres, as generally depicted on the map, which shall be known as the Alckee Creek Wilderness . (4) Gates of the Elwha Wilderness Certain Federal land managed by the Forest Service, comprising approximately 5,669 acres, as generally depicted on the map, which shall be known as the Gates of the Elwha Wilderness . (5) Buckhorn Wilderness additions Certain Federal land managed by the Forest Service, comprising approximately 21,965 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Buckhorn Wilderness , as designated by section 3 of the Washington State Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–339 ). (6) Green Mountain Wilderness Certain Federal land managed by the Forest Service, comprising approximately 4,790 acres, as generally depicted on the map, which shall be known as the Green Mountain Wilderness . (7) The Brothers Wilderness additions Certain land managed by the Forest Service, comprising approximately 8,625 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the The Brothers Wilderness , as designated by section 3 of the Washington State Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–339 ). (8) Mount Skokomish Wilderness additions Certain land managed by the Forest Service, comprising approximately 8,933 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Mount Skokomish Wilderness , as designated by section 3 of the Washington State Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–339 ). (9) Wonder Mountain Wilderness additions Certain land managed by the Forest Service, comprising approximately 26,517 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Wonder Mountain Wilderness , as designated by section 3 of the Washington State Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–339 ). (10) Moonlight Dome Wilderness Certain Federal land managed by the Forest Service, comprising approximately 9,117 acres, as generally depicted on the map, which shall be known as the Moonlight Dome Wilderness . (11) South Quinault Ridge Wilderness Certain Federal land managed by the Forest Service, comprising approximately 10,887 acres, as generally depicted on the map, which shall be known as the South Quinault Ridge Wilderness . (12) Colonel Bob Wilderness additions Certain Federal land managed by the Forest Service, comprising approximately 353 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Colonel Bob Wilderness , as designated by section 3 of the Washington State Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–339 ). (13) Sam’s River Wilderness Certain Federal land managed by the Forest Service, comprising approximately 13,418 acres, as generally depicted on the map, which shall be known as the Sam’s River Wilderness . (14) Canoe Creek Wilderness Certain Federal land managed by the Forest Service, comprising approximately 1,378 acres, as generally depicted on the map, which shall be known as the Canoe Creek Wilderness . (b) Administration (1) Management Subject to valid existing rights, the land designated as wilderness by subsection (a) shall be administered by the Secretary of Agriculture (referred to in this section as the Secretary ), in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (2) Map and description (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by subsection (a) with— (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. (B) Effect Each map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map and legal description. (C) Public availability Each map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Forest Service. (c) Potential wilderness (1) In general In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), certain Federal land managed by the Forest Service, comprising approximately 5,346 acres as identified as Potential Wilderness on the map, is designated as potential wilderness. (2) Designation as wilderness On the date on which the Secretary publishes in the Federal Register notice that any nonconforming uses in the potential wilderness designated by paragraph (1) have terminated, the potential wilderness shall be— (A) designated as wilderness and as a component of the National Wilderness Preservation System; and (B) incorporated into the adjacent wilderness area. 4. Wild and scenic river designations (a) In general Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (208) Elwha River, Washington The approximately 29.0-mile segment of the Elwha River and tributaries from the source to Cat Creek, to be administered by the Secretary of the Interior as a wild river. (209) Dungeness River, Washington The segment of the Dungeness River from the headwaters to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments of the mainstem and major tributary the Gray Wolf River, in the following classes: (A) The approximately 5.8-mile segment from the headwaters to the 2860 Bridge, as a wild river. (B) The approximately 2.1-mile segment from the 2860 Bridge to Silver Creek, as a scenic river. (C) The approximately 2.7-mile segment from Silver Creek to Sleepy Hollow Creek, as a wild river. (D) The approximately 6.3-mile segment from Sleepy Hollow Creek to the Olympic National Forest boundary, as a scenic river. (E) The approximately 1.9-mile segment from the National Forest boundary to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, as a recreational river. (F) The approximately 16.1-mile segment of the Gray Wolf River from the headwaters to the 2870 Bridge, as a wild river. (G) The approximately 1.1-mile segment of the Gray Wolf River from the 2870 Bridge to the confluence with the Dungeness River, as a scenic river. (210) Big Quilcene River, Washington The segment of the Big Quilcene River from the headwaters to the City of Port Townsend water intake facility, to be administered by the Secretary of Agriculture, in the following classes: (A) The approximately 4.4-mile segment from the headwaters to the Buckhorn Wilderness boundary, as a wild river. (B) The approximately 5.3-mile segment from the Buckhorn Wilderness boundary to the City of Port Townsend water intake facility, as a scenic river. (C) Section 7(a), with respect to the licensing of dams, water conduits, reservoirs, powerhouses, transmission lines, or other project works, shall apply to the approximately 5-mile segment from the City of Port Townsend water intake facility to the Olympic National Forest boundary. (211) Dosewallips River, Washington The segment of the Dosewallips River from the headwaters to the private land in T. 26 N., R. 3 W., sec. 15, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, in the following classes: (A) The approximately 12.9-mile segment from the headwaters to Station Creek, as a wild river. (B) The approximately 6.8-mile segment from Station Creek to the private land in T. 26 N., R. 3 W., sec. 15, as a scenic river. (212) Duckabush River, Washington The segment of the Duckabush River from the headwaters to the private land in T. 25 N., R. 3 W., sec. 1, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, in the following classes: (A) The approximately 19.0-mile segment from the headwaters to the Brothers Wilderness boundary, as a wild river. (B) The approximately 1.9-mile segment from the Brothers Wilderness boundary to the private land in T. 25 N., R. 3 W., sec. 1, as a scenic river. (213) Hamma Hamma River, Washington The segment of the Hamma Hamma River from the headwaters to the eastern edge of the NW 1/4 sec. 21, T. 24 N., R. 3 W., to be administered by the Secretary of Agriculture, in the following classes: (A) The approximately 3.1-mile segment from the headwaters to the Mt. Skokomish Wilderness boundary, as a wild river. (B) The approximately 5.8-mile segment from the Mt. Skokomish wilderness boundary to Lena Creek, as a scenic river. (C) The approximately 6.8-mile segment from Lena Creek to the eastern edge of the NW 1/4 sec. 21, T. 24 N., R. 3 W., as a recreational river. (214) South Fork Skokomish River, Washington The segment of the South Fork Skokomish River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes: (A) The approximately 6.7-mile segment from the headwaters to Rule Creek, as a wild river. (B) The approximately 8.3-mile segment from Rule Creek to LeBar Creek, as a scenic river. (C) The approximately 4.0-mile segment from LeBar Creek to upper end of gorge in the NW 1/4 sec. 21, T. 22 N., R. 5 W., as a recreational river. (D) The approximately 6.0-mile segment from the upper end of the gorge to the Olympic National Forest boundary, as a scenic river. (215) Middle Fork Satsop River, Washington The approximately 7.9-mile segment of the Middle Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river. (216) West Fork Satsop River, Washington The approximately 8.2-mile segment of the West Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river. (217) Wynoochee River, Washington The segment of the Wynoochee River from the headwaters to Clark Creek to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, in the following classes: (A) The approximately 1.7-mile segment from the headwaters to the boundary of the Wonder Mountain Wilderness, as a wild river. (B) The approximately 8.2-mile segment from the boundary of the Wonder Mountain Wilderness to the head of Wynoochee Reservoir, as a recreational river. (218) East Fork Humptulips River, Washington The segment of the East Fork Humptulips River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes: (A) The approximately 7.4-mile segment from the headwaters to the Moonlight Dome wilderness boundary, as a wild river. (B) The approximately 10.3-mile segment from the Moonlight Dome wilderness boundary to the Olympic National Forest boundary, as a scenic river. (219) West Fork Humptulips River, Washington The approximately 21.4-mile segment of the West Fork Humptulips River from the source to the Olympic National Forest Boundary, to be administered by the Secretary of Agriculture, as a scenic river. (220) Quinault River, Washington The segment of the Quinault River from the headwaters to private land in T. 24 N., R. 8 W., sec. 33, to be administered by the Secretary of the Interior, in the following classes: (A) The approximately 16.5-mile segment from the headwaters to Graves Creek, as a wild river. (B) The approximately 6.7-mile segment from Graves Creek to Cannings Creek, as a scenic river. (C) The approximately 1.0-mile segment from Cannings Creek to private land in T. 24 N., R. 8 W., sec. 33, as a recreational river. (221) Queets River, Washington The segment of the Queets River from the headwaters to the Olympic National Park boundary to be administered by the Secretary of the Interior, except that portions of the river outside the boundaries of Olympic National Park shall be administered by the Secretary of Agriculture, including the following segments of the mainstem and certain tributaries in the following classes: (A) The approximately 28.6-mile segment of the Queets River from the headwaters to the confluence with Sams River, as a wild river. (B) The approximately 16.0-mile segment of the Queets River from the confluence with Sams River to the Olympic National Park boundary, as a scenic river. (C) The approximately 15.7-mile segment of the Sams River from the headwaters to the confluence with the Queets River, as a scenic river. (D) The approximately 17.7-mile segment of Matheny Creek from the headwaters to the confluence with the Queets River, as a scenic river. (222) Hoh River, Washington The segment of the Hoh River and the major tributary South Fork Hoh from the headwaters to Olympic National Park boundary, to be administered by the Secretary of the Interior, in the following classes: (A) The approximately 20.7-mile segment of the Hoh River from the headwaters to Jackson Creek, as a wild river. (B) The approximately 6.0-mile segment of the Hoh River from Jackson Creek to the Olympic National Park boundary, as a scenic river. (C) The approximately 13.8-mile segment of the South Fork Hoh River from the headwaters to the National Park boundary, as a wild river. (D) The approximately 4.6-mile segment of the South Fork Hoh River from the National Park boundary to the Washington State Department of Natural Resources boundary in T. 27 N., R. 10 W., sec. 29, as a recreational river. (223) Bogachiel River, Washington The approximately 25.6-mile segment of the Bogachiel River from the source to the Olympic National Park boundary, to be administered by the Secretary of the Interior, as a wild river. (224) South Fork Calawah River, Washington The segment of the South Fork Calawah River and the major tributary Sitkum River from the headwaters to Hyas Creek to be administered by the Secretary of Agriculture, except those portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, including the following segments in the following classes: (A) The approximately 15.7-mile segment of the South Fork Calawah River from the headwaters to the Sitkum River, as a wild river. (B) The approximately 0.9-mile segment of the South Fork Calawah River from the Sitkum River to Hyas Creek, as a scenic river. (C) The approximately 1.6-mile segment of the Sitkum River from the source to the Rugged Ridge Wilderness boundary, as a wild river. (D) The approximately 11.9-mile segment of the Sitkum River from the Rugged Ridge Wilderness boundary to the confluence with the South Fork Calawah, as a scenic river. (225) Sol Duc River, Washington The segment of the Sol Duc River from the headwaters to the Olympic National Park boundary, including the following segments of the mainstem and certain tributaries in the following classes: (A) The approximately 7.0-mile segment of the Sol Duc River from the headwaters to the end of Sol Duc Hot Springs Road, as a wild river. (B) The approximately 10.8-mile segment of the Sol Duc River from the end of Sol Duc Hot Springs Road to the Olympic National Park boundary, as a scenic river. (C) The approximately 13.8-mile segment of the North Fork Sol Duc River from the headwaters to the Olympic Hot Springs Road bridge, as a wild river. (D) The approximately 0.2-mile segment of the North Fork Sol Duc River from the Olympic Hot Springs Road bridge to the confluence with the Sol Duc River, as a scenic river. (E) The approximately 8.0-mile segment of the South Fork Sol Duc River from the headwaters to the confluence with the Sol Duc River, as a scenic river. (226) Lyre River, Washington The approximately 0.2-mile segment of the Lyre River from Crescent Lake to the Olympic National Park boundary, to be administered by the Secretary of the Interior as a scenic river. . (b) Effect The amendment made by subsection (a) does not affect valid existing water rights. 5. Existing rights and withdrawal (a) In general In accordance with section 12(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1283(b) ), nothing in this Act or the amendment made by section 4(a) affects or abrogates existing rights, privileges, or contracts held by private parties. (b) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by this Act and the amendment made by section 4(a) is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. 6. Treaty rights Nothing in this Act alters, modifies, diminishes, or extinguishes the treaty rights of any Indian tribe with hunting, fishing, and gathering rights in the Olympic National Forest protected by a treaty.
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113-hr-3918
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I 113th CONGRESS 2d Session H. R. 3918 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Kilmer (for himself, Ms. Eddie Bernice Johnson of Texas , Mr. Peters of California , Ms. Esty , and Mr. Bera of California ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To amend sections 25 and 27 of the Stevenson-Wydler Technology Innovation Act of 1980 to improve the Office of Innovation and Entrepreneurship and regional innovation programs.
1. Short title This Act may be cited as the Regional Innovation and Entrepreneurship Enhancement Act of 2014 . 2. Office of Innovation and Entrepreneurship Section 25 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3720 ) is amended to read as follows: 25. Office of Innovation and Entrepreneurship (a) In general The Secretary shall establish an Office of Innovation and Entrepreneurship with a Director and full-time staff to foster innovation and the commercialization of new technologies, products, processes, and services with the goal of promoting productivity and economic growth in the United States. (b) Duties The Office of Innovation and Entrepreneurship shall be responsible for— (1) developing policies to accelerate innovation and advance the commercialization of research and development, including federally funded research and development; (2) identifying existing barriers to innovation and commercialization, including access to capital and other resources, and ways to overcome those barriers, particularly in States participating in the Experimental Program to Stimulate Competitive Research; (3) providing access to relevant data, research, and technical assistance on innovation and commercialization, including best practices for university-based incubators and accelerators; (4) overseeing the implementation of the loan guarantee programs and the Regional Innovation Program established under sections 26 and 27, respectively; (5) developing, within 180 days after the date of enactment of the Regional Innovation and Entrepreneurship Enhancement Act of 2014 , and updating at least every 5 years, a strategic plan to guide the activities of the Office of Innovation and Entrepreneurship that shall— (A) specify and prioritize near-term and long-term goals, objectives, and policies to accelerate innovation and advance the commercialization of research and development, including federally funded research and development, set forth the anticipated time for achieving the objectives, and identify metrics for use in assessing progress toward such objectives; (B) describe how the Department of Commerce is working in conjunction with other Federal agencies to foster innovation and commercialization across the United States; and (C) provide a summary of the activities, including the development of metrics to evaluate regional innovation strategies undertaken through the Regional Innovation Research and Information Program established under section 27(c); (6) strengthening collaboration on and coordination of policies relating to innovation and commercialization, including those focused on the needs of small businesses and rural communities, within the Department of Commerce, between the Department of Commerce and other Federal agencies, and between the Department of Commerce and appropriate State government agencies and institutions, as appropriate; and (7) any other duties as determined by the Secretary. (c) Advisory committee (1) Establishment The Secretary shall establish or designate an advisory committee, which shall meet at least twice each fiscal year, to provide advice to the Secretary on carrying out the duties and responsibilities of the Office of Innovation and Entrepreneurship. (2) Report to congress The advisory committee shall prepare a report, to be submitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate every 3 years. The first report shall be submitted not later than 1 year after the date of enactment of the Regional Innovation and Entrepreneurship Enhancement Act of 2014 and shall include— (A) an assessment of the strategic plan developed under subsection (b)(5) and the progress made in implementing the plan and the duties of the Office of Innovation and Entrepreneurship; (B) an assessment of how the Office of Innovation and Entrepreneurship is working with other Federal agencies to meet the goals and duties of the office; and (C) any recommendations for how the Office of Innovation and Entrepreneurship could be improved. (d) Authorization of appropriations There are authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2014 through 2018 to carry out this section. . 3. Regional innovation program Section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3722 ) is amended to read as follows: 27. Regional innovation program (a) Establishment The Secretary shall establish a regional innovation program to encourage and support the development of regional innovation strategies, including regional innovation clusters. (b) Cluster Grants (1) In general As part of the program established under subsection (a), the Secretary may award grants on a competitive basis to eligible recipients for activities relating to the formation and development of regional innovation clusters. (2) Permissible activities Grants awarded under this subsection may be used for activities determined appropriate by the Secretary, including the following: (A) Feasibility studies. (B) Planning activities. (C) Technical assistance. (D) Developing or strengthening communication and collaboration between and among participants of a regional innovation cluster. (E) Attracting additional participants to a regional innovation cluster. (F) Facilitating market development of products and services developed by a regional innovation cluster, including through demonstration, deployment, technology transfer, and commercialization activities. (G) Developing relationships between a regional innovation cluster and entities or clusters in other regions. (H) Interacting with the public and State and local governments to meet the goals of the cluster. (3) Eligible recipient defined In this subsection, the term eligible recipient means— (A) a State; (B) an Indian tribe; (C) a city or other political subdivision of a State; (D) an entity that— (i) is a nonprofit organization, an institution of higher education, a public-private partnership, a science or research park, a Federal laboratory, or an economic development organization or similar entity; and (ii) has an application that is supported by a State or a political subdivision of a State; or (E) a consortium of any of the entities described in subparagraphs (A) through (D). (4) Application (A) In general An eligible recipient shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (B) Components The application shall include, at a minimum, a description of the regional innovation cluster supported by the proposed activity, including a description of— (i) whether the regional innovation cluster is supported by the private sector, State and local governments, and other relevant stakeholders; (ii) how the existing participants in the regional innovation cluster will encourage and solicit participation by all types of entities that might benefit from participation, including newly formed entities and those rival existing participants; (iii) the extent to which the regional innovation cluster is likely to stimulate innovation and have a positive impact on regional economic growth and development; (iv) whether the participants in the regional innovation cluster have access to, or contribute to, a well-trained workforce; (v) whether the participants in the regional innovation cluster are capable of attracting additional funds from non-Federal sources; and (vi) the likelihood that the participants in the regional innovation cluster will be able to sustain activities once grant funds under this subsection have been expended. (C) Special consideration The Secretary shall give special consideration to applications from regions that contain communities negatively impacted by trade. (5) Special consideration The Secretary shall give special consideration to an eligible recipient who agrees to collaborate with local workforce investment area boards. (6) Cost share The Secretary may not provide more than 50 percent of the total cost of any activity funded under this subsection. (7) Outreach to rural communities The Secretary shall conduct outreach to public and private sector entities in rural communities to encourage those entities to participate in regional innovation cluster activities under this subsection. (8) Funding The Secretary may accept funds from other Federal agencies to support grants and activities under this subsection. (c) Regional Innovation Research and Information Program (1) In general As part of the program established under subsection (a), the Secretary shall establish a regional innovation research and information program— (A) to gather, analyze, and disseminate information on best practices for regional innovation strategies (including regional innovation clusters), including information relating to how innovation, productivity, and economic development can be maximized through such strategies; (B) to provide technical assistance, including through the development of technical assistance guides, for the development and implementation of regional innovation strategies (including regional innovation clusters); (C) to support the development of relevant metrics and measurement standards to evaluate regional innovation strategies (including regional innovation clusters), including the extent to which such strategies stimulate innovation, productivity, and economic development; and (D) to collect and make available data on regional innovation cluster activity in the United States, including data on— (i) the size, specialization, and competitiveness of regional innovation clusters; (ii) the regional domestic product contribution, total jobs and earnings by key occupations, establishment size, nature of specialization, patents, Federal research and development spending, and other relevant information for regional innovation clusters; and (iii) supply chain product and service flows within and between regional innovation clusters. (2) Research grants The Secretary may award research grants on a competitive basis to support and further the goals of the program established under this subsection. (3) Dissemination of information Data and analysis compiled by the Secretary under the program established in this subsection shall be made available to other Federal agencies, State and local governments, and nonprofit and for-profit entities. (4) Regional innovation grant program The Secretary shall incorporate data and analysis relating to any grant under subsection (b) into the program established under this subsection. (d) Interagency Coordination (1) In general To the maximum extent practicable, the Secretary shall ensure that the activities carried out under this section are coordinated with, and do not duplicate the efforts of, other programs at the Department of Commerce or other Federal agencies. (2) Collaboration (A) In general The Secretary shall explore and pursue collaboration with other Federal agencies, including through multiagency funding opportunities, on regional innovation strategies. (B) Small businesses The Secretary shall ensure that such collaboration with Federal agencies prioritizes the needs and challenges of small businesses. (e) Evaluation (1) In general Not later than 3 years after the date of enactment of the America COMPETES Reauthorization Act of 2010, the Secretary shall enter into a contract with an independent entity, such as the National Academy of Sciences, to conduct an evaluation of the program established under subsection (a). (2) Requirements The evaluation shall include— (A) whether the program is achieving its goals; (B) any recommendations for how the program may be improved; and (C) a recommendation as to whether the program should be continued or terminated. (f) Definitions In this section: (1) Regional innovation cluster The term regional innovation cluster means a geographically bounded network of similar, synergistic, or complementary entities that— (A) are engaged in or with a particular industry sector; (B) have active channels for business transactions and communication; (C) share specialized infrastructure, labor markets, and services; and (D) leverage the region’s unique competitive strengths to stimulate innovation and create jobs. (2) State The term State means one of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States. (g) Authorization of Appropriations There are authorized to be appropriated $100,000,000 for each of fiscal years 2014 through 2018 to carry out this section. .
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113-hr-3919
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I 113th CONGRESS 2d Session H. R. 3919 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Ms. Norton introduced the following bill; which was referred to the Committee on Natural Resources A BILL To redesignate Rock Creek Park in the District of Columbia as Rock Creek National Park in the District of Columbia.
1. Short title This Act may be cited as the Rock Creek National Park in the District of Columbia Act . 2. Redesignation of Rock Creek Park As Rock Creek National Park in the District of Columbia (a) Redesignation In recognition of its nationally significant natural, cultural, and historical resources, and important recreational opportunities, Rock Creek Park in the District of Columbia, established by the Act of September 27, 1890 (26 Stat. 492), is redesignated as Rock Creek National Park in the District of Columbia. (b) References Any reference in any law, map, regulation, document, paper, or other record of the United States to Rock Creek Park in the District of Columbia shall be considered to be a reference to Rock Creek National Park in the District of Columbia .
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113-hr-3920
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I 113th CONGRESS 2d Session H. R. 3920 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Nugent (for himself, Mr. Bentivolio , Mr. Farenthold , and Mr. Thompson of Pennsylvania ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Foreign Intelligence Surveillance Act of 1978 to limit the acquisition of certain business records under that Act.
1. Short title This Act may be cited as the American Privacy Protection Act . 2. Limitations on the collection of certain business records under the Foreign Intelligence Surveillance Act of 1978 Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting not pertaining to a United States person after tangible things ; and (ii) by striking or to protect against and all that follows and inserting a period; and (B) in paragraph (2)(B), by striking solely upon and all that follows and inserting a period; and (2) in subsection (b)(2), by striking or to protect against international terrorism or clandestine intelligence activities .
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113-hr-3921
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I 113th CONGRESS 2d Session H. R. 3921 IN THE HOUSE OF REPRESENTATIVES January 16, 2014 Mr. Polis (for himself, Mr. Castro of Texas , and Ms. DelBene ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To incentivize State support for postsecondary education and to promote increased access and affordability for higher education for students, including Dreamer students.
1. Short title This Act may be cited as the Investing in States to Achieve Tuition Equality for Dreamers Act of 2014 or IN STATE Act of 2014 . 2. Findings and purposes (a) Findings Congress makes the following findings: (1) The non-partisan Congressional Budget Office found that comprehensive immigration reform would reduce the national deficit by billions, strengthen Social Security solvency, increase the number of jobs, and raise Gross Domestic Product. (2) According to a report by the Partnership for a New American Economy, in 2010 more than 40 percent of Fortune 500 companies were founded by immigrants or their children, generating a combined revenue of $4,200,000,000,000. (3) Thousands of deferred action childhood arrival students graduate from high schools in the United States every year but only a small fraction of those students enroll in higher education. (4) Many jobs in the 21st century economy require some form of postsecondary education. (5) Education provides an important pathway to the middle class; college graduates have higher earnings and lower unemployment rates than their less educated peers. (6) Since 2008, States are spending 28 percent less per student in higher education, and tuition and fees continue to rise. The increased costs are being shifted to students and student loan debt continues to grow. (7) Investments in higher education provide youth a ladder to achieving the American dream. (b) Purposes The purposes of this Act are to— (1) allow States to provide immigrant students timely and affordable access to higher education; (2) incentivize States to maintain support for higher education; and (3) promote increased access and affordability to postsecondary education for students through State need-based financial aid. 3. American dream grants (a) In general Subpart 4 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070c et seq. ) is amended by adding at the end the following: 415G. American dream grants (a) Dreamer students (1) In general In this section, the term Dreamer student means an individual who— (A) was younger than 16 years of age on the date on which the individual initially entered the United States; (B) has provided a list of each secondary school (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965) that the student attended in the United States; and (C) (i) has earned a high school diploma or a commensurate alternative award from a public or private high school or secondary school, has obtained a general education development certificate recognized under State law, has obtained a high school equivalency diploma in the United States, or is scheduled to complete the requirements for such a credential before the next academic year begins; (ii) has acquired a degree from an institution of higher education or has completed not less than 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States; or (iii) has served in the uniformed services for not less than 4 years and, if discharged, received an honorable discharge. (2) Hardship exception The Secretary shall issue regulations that direct when a State shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) to qualify as a Dreamer student under paragraph (1), if the individual— (A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and (B) satisfies the requirement under subparagraph (C) of paragraph (1). (b) Grants to States (1) Reservation for administration From the amounts appropriated to carry out this section for each fiscal year, the Secretary may reserve not more than 1 percent of such amounts to administer this section. (2) Grants authorized to eligible States From the amounts appropriated to carry out this section for each fiscal year and not reserved under paragraph (1), the Secretary shall award grants to eligible States to enable the States to carry out the activities described in this section. (3) Eligibility A State is eligible to receive a grant under this section if the State— (A) increases access and affordability to higher education for students by— (i) offering in-State tuition for Dreamer students; or (ii) expanding in-State financial aid to Dreamer students; and (B) submits an application to the Secretary that contains an assurance that— (i) the State has made significant progress establishing a longitudinal data system that includes the elements described in section 6201(e)(2)(D) of the America COMPETES Act ( 20 U.S.C. 9871(e)(2)(D) ); and (ii) notwithstanding any other provision of law, the State will not discriminate, in awarding student financial assistance or determining who is eligible for in-State tuition, against a Dreamer student if the student would otherwise be eligible for in-State financial aid. (4) Allotments The Secretary shall allot the amount appropriated to carry out this section for each fiscal year and not reserved under paragraph (1) among the eligible States in proportion to the number of Dreamer students enrolled at least half-time in postsecondary education who reside in the State for the most recent fiscal year for which satisfactory data are available, compared to the number of such students who reside in all eligible States for that fiscal year. (c) Supplement not supplant Grant funds awarded under this section shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this section. (d) Authorization and appropriation of funds There are authorized to be appropriated, and there are appropriated, to carry out this section— (1) $55,000,000 for fiscal year 2015; (2) $55,000,000 for fiscal year 2016; (3) $60,000,000 for fiscal year 2017; (4) $60,000,000 for fiscal year 2018; (5) $75,000,000 for fiscal year 2019; (6) $75,000,000 for fiscal year 2020; (7) $85,000,000 for fiscal year 2021; (8) $85,000,000 for fiscal year 2022; (9) $100,000,000 for fiscal year 2023; and (10) $100,000,000 for fiscal year 2024. . (b) Offset Section 281 of the Immigration and Nationality Act ( 8 U.S.C. 1351 ) is amended— (1) by striking The fees and inserting the following: (a) In general The fees ; (2) by striking : Provided , That nonimmigrant visas and inserting the following: (b) United Nations visitors Nonimmigrant visas ; (3) by striking Subject to and inserting the following: (c) Fee waivers or reductions Subject to ; and (4) by adding at the end the following: (d) F–1 visa fee In addition to the fees authorized under subsection (a), the Secretary of Homeland Security shall collect a $150 fee from each nonimmigrant admitted under section 101(a)(15)(F)(i), which fee shall be deposited in the general fund of the Treasury. . (c) Restoration of State option To determine residency for purposes of higher education (1) Repeal Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) is repealed. (2) Effective date The repeal under paragraph (1) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ). (d) Naturalization Section 328(a) ( 8 U.S.C. 1439(a) ) is amended by inserting , without having been lawfully admitted to the United States for permanent residence, and after naturalized .
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113-hr-3922
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I 113th CONGRESS 2d Session H. R. 3922 IN THE HOUSE OF REPRESENTATIVES January 17, 2014 Mr. Kilmer introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate and expand wilderness areas in Olympic National Forest in the State of Washington, and to designate certain rivers in Olympic National Forest and Olympic National Park as wild and scenic rivers, and for other purposes.
1. Short title This Act may be cited as the Wild Olympics Wilderness and Wild and Scenic Rivers Act of 2014 . 2. Findings Congress finds that— (1) wilderness and wild and scenic river designations provide myriad benefits to the local community and beyond, including— (A) recreation, as evidenced by the more than 12,000,000 visitors each year to wilderness areas who participate in recreation activities such as hiking, horseback riding, hunting, fishing, skiing, climbing, camping, and floating and rafting; (B) wildlife habitat, by providing permanent and durable protection for habitat for varied wildlife species, including endangered species; (C) clean water for local communities that rely on the Olympic National Forest as the source for clean and safe drinking water; (D) municipal watersheds for cities such as Port Townsend, Washington; (E) the ancient forests, salmon streams, and unique scenery of the Olympic National Forest, which provide local businesses with a competitive edge over other regions in attracting and retaining the talented people required by local companies; (F) the popular National Parks, monuments, wilderness areas, and other public land of the West, which have provided a competitive advantage to the growing high technology and professional services industries of the West, such as health care, education, and business, enabling the West to outperform the rest of the United States economy in key measures of growth, including employment, population, and personal income during the 4 decades immediately preceding the date of enactment of this Act; and (G) protecting and enhancing local travel, tourism, hunting, fishing, and outdoor recreation industries; (2) under the Wilderness Act ( 16 U.S.C. 1131 et seq. )— (A) land designated as wilderness protects ecological, geological, or other features of scientific, scenic, or historical value ; (B) Federal agencies retain the ability to use any means necessary to protect and control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate; and (C) wilderness designations do not apply to private land; (3) this Act does not designate private land inholdings as wilderness; (4) under the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. )— (A) certain rivers are preserved to safeguard outstanding natural, cultural, and recreational values for current and future generations; (B) designation as a wild and scenic river does not give the Federal Government control over private property and provides no additional authority for expanding designated river segments, except as provided in this Act and other Acts; (C) existing water rights are not impacted; (D) the jurisdiction of the States and the Federal Government over waters are not impacted, as determined by established principles of law; and (E) river segments classified as scenic or recreational allow construction of new access points, restoration thinning, and motorized access; (5) the areas protected under this Act unquestionably meet all requirements under Federal law (including regulations), as the areas contain— (A) old growth stands, temperate rain forests, and large swaths of roadless forests, more than 99 percent of which could not be commercially harvested under existing Federal law (including regulations); (B) the wilderness areas established under this Act are areas that are prized by hikers, hunters, anglers, and others and will be preserved and protected for recreational enjoyment for generations to come; and (C) rivers and tributaries that— (i) are a source of clean water for many communities on the Olympic Peninsula; and (ii) provide important habitat for salmon and other species of fish and supply the cold freshwater that feeds the Puget Sound and creates the necessary conditions for clams, oysters, and mussels, whose growers contribute more than $250,000,000 to the economy and support thousands of jobs in the State of Washington; (6) as a result of this Act— (A) no roads would be closed; (B) management decisions by local Forest Service managers as to which roads should be closed, maintained, or remain open for public access will not be impacted and any ongoing travel management processes will continue to be the manner by which those decisions are made, along with public input; and (C) no private land would be subject to management under the Wilderness Act ( 16 U.S.C. 1131 et seq. ) or the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ); (7) private property rights are central to the United States and the economy of the United States, and it shall be the policy of the United States to encourage, support, and promote the private ownership of property to ensure that the constitutional and other legal rights of private property owners are not abridged by the Federal Government; (8) the Olympic Peninsula is home to 8 federally recognized Indian tribes; and (9) the United States acknowledges the trust obligations of the Federal Government to Indian tribes and recognizes that— (A) the case styled United States v. Washington (384 F. Supp. 312) guaranteed certain Indian tribes in the State of Washington harvest rights to Pacific salmon, leading to employment opportunities for tribal members; (B) tribal governments provide a wide range of critical services to enrolled members, including education and cultural activities; (C) Indian tribes engage in ongoing efforts to restore and improve salmon populations and habitat across the Olympic Peninsula, frequently in conjunction with Federal, State, and local governments and private stakeholders; and (D) ongoing tribal efforts to protect and improve salmon habitat and the habitats of other threatened species populations are encouraged and supported in order to support the long-term health of the ecosystem and the economic benefit those resources provide. 3. Designation of Olympic National Forest wilderness areas (a) In General In furtherance of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following Federal land in the Olympic National Forest in the State of Washington comprising approximately 126,554 acres, as generally depicted on the map entitled Proposed Wild Olympics Wilderness and Wild and Scenic Rivers Act and dated May 29, 2012 (referred to in this section as the map ), is designated as wilderness and as components of the National Wilderness Preservation System: (1) Lost Creek Wilderness Certain Federal land managed by the Forest Service, comprising approximately 7,159 acres, as generally depicted on the map, which shall be known as the Lost Creek Wilderness . (2) Rugged Ridge Wilderness Certain Federal land managed by the Forest Service, comprising approximately 5,956 acres, as generally depicted on the map, which shall be known as the Rugged Ridge Wilderness . (3) Alckee Creek Wilderness Certain Federal land managed by the Forest Service, comprising approximately 1,787 acres, as generally depicted on the map, which shall be known as the Alckee Creek Wilderness . (4) Gates of the Elwha Wilderness Certain Federal land managed by the Forest Service, comprising approximately 5,669 acres, as generally depicted on the map, which shall be known as the Gates of the Elwha Wilderness . (5) Buckhorn Wilderness additions Certain Federal land managed by the Forest Service, comprising approximately 21,965 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Buckhorn Wilderness , as designated by section 3 of the Washington State Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–339 ). (6) Green Mountain Wilderness Certain Federal land managed by the Forest Service, comprising approximately 4,790 acres, as generally depicted on the map, which shall be known as the Green Mountain Wilderness . (7) The Brothers Wilderness additions Certain land managed by the Forest Service, comprising approximately 8,625 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the The Brothers Wilderness , as designated by section 3 of the Washington State Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–339 ). (8) Mount Skokomish Wilderness additions Certain land managed by the Forest Service, comprising approximately 8,933 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Mount Skokomish Wilderness , as designated by section 3 of the Washington State Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–339 ). (9) Wonder Mountain Wilderness additions Certain land managed by the Forest Service, comprising approximately 26,517 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Wonder Mountain Wilderness , as designated by section 3 of the Washington State Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–339 ). (10) Moonlight Dome Wilderness Certain Federal land managed by the Forest Service, comprising approximately 9,117 acres, as generally depicted on the map, which shall be known as the Moonlight Dome Wilderness . (11) South Quinault Ridge Wilderness Certain Federal land managed by the Forest Service, comprising approximately 10,887 acres, as generally depicted on the map, which shall be known as the South Quinault Ridge Wilderness . (12) Colonel Bob Wilderness additions Certain Federal land managed by the Forest Service, comprising approximately 353 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the Colonel Bob Wilderness , as designated by section 3 of the Washington State Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–339 ). (13) Sam’s River Wilderness Certain Federal land managed by the Forest Service, comprising approximately 13,418 acres, as generally depicted on the map, which shall be known as the Sam’s River Wilderness . (14) Canoe Creek Wilderness Certain Federal land managed by the Forest Service, comprising approximately 1,378 acres, as generally depicted on the map, which shall be known as the Canoe Creek Wilderness . (b) Administration (1) Management Subject to valid existing rights, the land designated as wilderness by subsection (a) shall be administered by the Secretary of Agriculture (referred to in this section as the Secretary ), in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (2) Map and description (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by subsection (a) with— (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. (B) Effect Each map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map and legal description. (C) Public availability Each map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Forest Service. (c) Potential wilderness (1) In general In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), certain Federal land managed by the Forest Service, comprising approximately 5,346 acres as identified as Potential Wilderness on the map, is designated as potential wilderness. (2) Designation as wilderness On the date on which the Secretary publishes in the Federal Register notice that any nonconforming uses in the potential wilderness designated by paragraph (1) have terminated, the potential wilderness shall be— (A) designated as wilderness and as a component of the National Wilderness Preservation System; and (B) incorporated into the adjacent wilderness area. (d) Adjacent management (1) No protective perimeters or buffer zones The designations in this section shall not create a protective perimeter or buffer zone around any wilderness area. (2) Nonconforming uses permitted outside of boundaries of wilderness areas Any activity or use outside of the boundary of any wilderness area designated under this section shall be permitted even if the activity or use would be seen or heard within the boundary of the wilderness area. (e) Fire, insects, and diseases The Secretary may take such measures as are necessary to control fire, insects, and diseases, in the wilderness areas designated by this section, in accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ) and subject to such terms and conditions as the Secretary determines to be appropriate. 4. Wild and scenic river designations (a) In general Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (208) Elwha River, Washington The approximately 29.0-mile segment of the Elwha River and tributaries from the source to Cat Creek, to be administered by the Secretary of the Interior as a wild river. (209) Dungeness River, Washington The segment of the Dungeness River from the headwaters to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments of the mainstem and major tributary the Gray Wolf River, in the following classes: (A) The approximately 5.8-mile segment from the headwaters to the 2860 Bridge, as a wild river. (B) The approximately 2.1-mile segment from the 2860 Bridge to Silver Creek, as a scenic river. (C) The approximately 2.7-mile segment from Silver Creek to Sleepy Hollow Creek, as a wild river. (D) The approximately 6.3-mile segment from Sleepy Hollow Creek to the Olympic National Forest boundary, as a scenic river. (E) The approximately 1.9-mile segment from the National Forest boundary to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, as a recreational river. (F) The approximately 16.1-mile segment of the Gray Wolf River from the headwaters to the 2870 Bridge, as a wild river. (G) The approximately 1.1-mile segment of the Gray Wolf River from the 2870 Bridge to the confluence with the Dungeness River, as a scenic river. (210) Big Quilcene River, Washington The segment of the Big Quilcene River from the headwaters to the City of Port Townsend water intake facility, to be administered by the Secretary of Agriculture, in the following classes: (A) The approximately 4.4-mile segment from the headwaters to the Buckhorn Wilderness boundary, as a wild river. (B) The approximately 5.3-mile segment from the Buckhorn Wilderness boundary to the City of Port Townsend water intake facility, as a scenic river. (C) Section 7(a), with respect to the licensing of dams, water conduits, reservoirs, powerhouses, transmission lines, or other project works, shall apply to the approximately 5-mile segment from the City of Port Townsend water intake facility to the Olympic National Forest boundary. (211) Dosewallips River, Washington The segment of the Dosewallips River from the headwaters to the private land in T. 26 N., R. 3 W., sec. 15, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, in the following classes: (A) The approximately 12.9-mile segment from the headwaters to Station Creek, as a wild river. (B) The approximately 6.8-mile segment from Station Creek to the private land in T. 26 N., R. 3 W., sec. 15, as a scenic river. (212) Duckabush River, Washington The segment of the Duckabush River from the headwaters to the private land in T. 25 N., R. 3 W., sec. 1, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, in the following classes: (A) The approximately 19.0-mile segment from the headwaters to the Brothers Wilderness boundary, as a wild river. (B) The approximately 1.9-mile segment from the Brothers Wilderness boundary to the private land in T. 25 N., R. 3 W., sec. 1, as a scenic river. (213) Hamma Hamma River, Washington The segment of the Hamma Hamma River from the headwaters to the eastern edge of the NW 1/4 sec. 21, T. 24 N., R. 3 W., to be administered by the Secretary of Agriculture, in the following classes: (A) The approximately 3.1-mile segment from the headwaters to the Mt. Skokomish Wilderness boundary, as a wild river. (B) The approximately 5.8-mile segment from the Mt. Skokomish wilderness boundary to Lena Creek, as a scenic river. (C) The approximately 6.8-mile segment from Lena Creek to the eastern edge of the NW 1/4 sec. 21, T. 24 N., R. 3 W., as a recreational river. (214) South Fork Skokomish River, Washington The segment of the South Fork Skokomish River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes: (A) The approximately 6.7-mile segment from the headwaters to Rule Creek, as a wild river. (B) The approximately 8.3-mile segment from Rule Creek to LeBar Creek, as a scenic river. (C) The approximately 4.0-mile segment from LeBar Creek to upper end of gorge in the NW 1/4 sec. 21, T. 22 N., R. 5 W., as a recreational river. (D) The approximately 6.0-mile segment from the upper end of the gorge to the Olympic National Forest boundary, as a scenic river. (215) Middle Fork Satsop River, Washington The approximately 7.9-mile segment of the Middle Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river. (216) West Fork Satsop River, Washington The approximately 8.2-mile segment of the West Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river. (217) Wynoochee River, Washington The segment of the Wynoochee River from the headwaters to Clark Creek to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, in the following classes: (A) The approximately 1.7-mile segment from the headwaters to the boundary of the Wonder Mountain Wilderness, as a wild river. (B) The approximately 8.2-mile segment from the boundary of the Wonder Mountain Wilderness to the head of Wynoochee Reservoir, as a recreational river. (218) East Fork Humptulips River, Washington The segment of the East Fork Humptulips River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes: (A) The approximately 7.4-mile segment from the headwaters to the Moonlight Dome wilderness boundary, as a wild river. (B) The approximately 10.3-mile segment from the Moonlight Dome wilderness boundary to the Olympic National Forest boundary, as a scenic river. (219) West Fork Humptulips River, Washington The approximately 21.4-mile segment of the West Fork Humptulips River from the source to the Olympic National Forest Boundary, to be administered by the Secretary of Agriculture, as a scenic river. (220) Quinault River, Washington The segment of the Quinault River from the headwaters to private land in T. 24 N., R. 8 W., sec. 33, to be administered by the Secretary of the Interior, in the following classes: (A) The approximately 16.5-mile segment from the headwaters to Graves Creek, as a wild river. (B) The approximately 6.7-mile segment from Graves Creek to Cannings Creek, as a scenic river. (C) The approximately 1.0-mile segment from Cannings Creek to private land in T. 24 N., R. 8 W., sec. 33, as a recreational river. (221) Queets River, Washington The segment of the Queets River from the headwaters to the Olympic National Park boundary to be administered by the Secretary of the Interior, except that portions of the river outside the boundaries of Olympic National Park shall be administered by the Secretary of Agriculture, including the following segments of the mainstem and certain tributaries in the following classes: (A) The approximately 28.6-mile segment of the Queets River from the headwaters to the confluence with Sams River, as a wild river. (B) The approximately 16.0-mile segment of the Queets River from the confluence with Sams River to the Olympic National Park boundary, as a scenic river. (C) The approximately 15.7-mile segment of the Sams River from the headwaters to the confluence with the Queets River, as a scenic river. (D) The approximately 17.7-mile segment of Matheny Creek from the headwaters to the confluence with the Queets River, as a scenic river. (222) Hoh River, Washington The segment of the Hoh River and the major tributary South Fork Hoh from the headwaters to Olympic National Park boundary, to be administered by the Secretary of the Interior, in the following classes: (A) The approximately 20.7-mile segment of the Hoh River from the headwaters to Jackson Creek, as a wild river. (B) The approximately 6.0-mile segment of the Hoh River from Jackson Creek to the Olympic National Park boundary, as a scenic river. (C) The approximately 13.8-mile segment of the South Fork Hoh River from the headwaters to the National Park boundary, as a wild river. (D) The approximately 4.6-mile segment of the South Fork Hoh River from the National Park boundary to the Washington State Department of Natural Resources boundary in T. 27 N., R. 10 W., sec. 29, as a recreational river. (223) Bogachiel River, Washington The approximately 25.6-mile segment of the Bogachiel River from the source to the Olympic National Park boundary, to be administered by the Secretary of the Interior, as a wild river. (224) South Fork Calawah River, Washington The segment of the South Fork Calawah River and the major tributary Sitkum River from the headwaters to Hyas Creek to be administered by the Secretary of Agriculture, except those portions of the river within the boundaries of Olympic National Park shall by administered by the Secretary of the Interior, including the following segments in the following classes: (A) The approximately 15.7-mile segment of the South Fork Calawah River from the headwaters to the Sitkum River, as a wild river. (B) The approximately 0.9-mile segment of the South Fork Calawah River from the Sitkum River to Hyas Creek, as a scenic river. (C) The approximately 1.6-mile segment of the Sitkum River from the source to the Rugged Ridge Wilderness boundary, as a wild river. (D) The approximately 11.9-mile segment of the Sitkum River from the Rugged Ridge Wilderness boundary to the confluence with the South Fork Calawah, as a scenic river. (225) Sol Duc River, Washington The segment of the Sol Duc River from the headwaters to the Olympic National Park boundary, including the following segments of the mainstem and certain tributaries in the following classes: (A) The approximately 7.0-mile segment of the Sol Duc River from the headwaters to the end of Sol Duc Hot Springs Road, as a wild river. (B) The approximately 10.8-mile segment of the Sol Duc River from the end of Sol Duc Hot Springs Road to the Olympic National Park boundary, as a scenic river. (C) The approximately 13.8-mile segment of the North Fork Sol Duc River from the headwaters to the Olympic Hot Springs Road bridge, as a wild river. (D) The approximately 0.2-mile segment of the North Fork Sol Duc River from the Olympic Hot Springs Road bridge to the confluence with the Sol Duc River, as a scenic river. (E) The approximately 8.0-mile segment of the South Fork Sol Duc River from the headwaters to the confluence with the Sol Duc River, as a scenic river. (226) Lyre River, Washington The approximately 0.2-mile segment of the Lyre River from Crescent Lake to the Olympic National Park boundary, to be administered by the Secretary of the Interior as a scenic river. . (b) Effect The amendment made by subsection (a) does not affect valid existing water rights. 5. Existing rights and withdrawal (a) In general In accordance with section 12(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1283(b) ), nothing in this Act or the amendment made by section 4(a) affects or abrogates existing rights, privileges, or contracts held by private parties. (b) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by this Act and the amendment made by section 4(a) is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. 6. Treaty rights Nothing in this Act alters, modifies, diminishes, or extinguishes the reserved treaty rights of any Indian tribe with hunting, fishing, gathering, and cultural or religious rights in the Olympic National Forest as protected by a treaty.
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113-hr-3923
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I 113th CONGRESS 2d Session H. R. 3923 IN THE HOUSE OF REPRESENTATIVES January 17, 2014 Ms. Bass (for herself, Ms. Chu , Ms. Clarke of New York , Mr. Rangel , Mr. Grijalva , Mr. Cárdenas , Mr. Cook , Ms. Slaughter , Mr. McDermott , and Mr. Langevin ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Adam Walsh Child Protection and Safety Act of 2006 to expand the authority of governmental social service agencies with child protection responsibilities to access the national crime information databases.
1. Expansion of authority of governmental social service agencies with child protection responsibilities to access the national crime information databases Section 151(a)(2) of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16961(a)(2) ) is amended by striking , to be used by such agencies only in investigating or responding to reports of child abuse, neglect, or exploitation .
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113-hr-3924
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I 113th CONGRESS 2d Session H. R. 3924 IN THE HOUSE OF REPRESENTATIVES January 17, 2014 Mr. Garcia introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committees on Ways and Means and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To delay increases in premium rates for flood insurance coverage under the National Flood Insurance Program, establish a refundable tax credit for flood mitigation expenses, and authorize increased funding for flood damage mitigation programs, and for other purposes.
1. Short title This Act may be cited as the Helping Owners Mitigate Effectively Act of 2014 or the HOME Act of 2014 . 2. Delay in flood insurance rate changes (a) Delay Notwithstanding any other provision of law, any change in risk premium rates for flood insurance under the National Flood Insurance Program resulting from the amendments made by sections 100205 and 100207 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 917) to sections 1307 and 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4014 and 4015) shall not take effect until the expiration of the 5-year period that begins upon the date of the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012. (b) Effective date The amendments made by subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 916). 3. Cap on annual cost of flood insurance Section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 ) is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection:. (i) Maximum annual premium Notwithstanding any other provision of this title, the maximum annual chargeable premium rate for a property shall be the appraised value of the property at the time of the purchase of the property by the current owner of the property divided by 30. . 4. Credit for certain qualified flood mitigation expenses (a) In general Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 30E. Qualified flood mitigation expenses (a) In general In the case of a qualified taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified flood mitigation expenses paid or incurred by the taxpayer for the taxable year. (b) Limitations The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $7,500. (c) Qualified taxpayer (1) In general For purposes of this section, the term qualified taxpayer means a taxpayer who is the holder of a policy for flood insurance coverage under the national flood insurance program under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ). (2) Business employers must be small (A) In general In the case of a taxpayer which is a trade or business, for purposes of this section the term qualified taxpayer shall not include any taxpayer which employed an average of more than 50 employees on business days during such taxable year. (B) Controlled groups For purposes of subparagraph (A), all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single employer. (d) Qualified flood mitigation expenses The term qualified flood mitigation expenses shall have the meaning given such term by the Administrator of the Federal Emergency Management Agency. (e) Partnership, S corporations, and other pass-Thru entities In the case of a partnership, trust, S corporation, or other pass-thru entity, the credit and limitations contained in this section shall be determined at the entity level. (f) Application with other credits (1) Business credit treated as part of general business credit So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is determined with respect to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Personal credit For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart C for such taxable year. (g) Termination Subsection (a) shall not apply to any amount paid or incurred after December 31, 2022. . (b) Conforming amendments (1) Section 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of section (36) and inserting , plus , and by inserting after paragraph (36) the following new paragraph: (37) the portion of the credit for qualified flood mitigation expenses to which section 30E(f)(1) applies. . (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 30E(f)(2), after 25A, . (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 30E. Qualified flood mitigation expenses. . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred after December 31, 2012. 5. Affordability study Section 100236 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 957) is amended— (1) in subsection (c), by striking Not and inserting the following: Subject to subsection (e), not ; (2) in subsection (d)— (A) by striking (d) Funding .—Notwithstanding and inserting the following: (d) Funding (1) National flood insurance fund Notwithstanding ; and (B) by adding at the end the following new paragraph: (2) Other funding sources To carry out this section, in addition to the amount made available under paragraph (1), the Administrator may use any other amounts that are available to the Administrator. ; and (3) by adding at the end the following new subsection (e) Alternative If the Administrator determines that the report required under subsection (c) cannot be submitted by the date specified under subsection (c)— (1) the Administrator shall notify, not later than 60 days after the date of enactment of this subsection, the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives of an alternative method of gathering the information required under this section; (2) the Administrator shall submit, not later than 180 days after the Administrator submits the notification required under paragraph (1), to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives the information gathered using the alternative method described in paragraph (1); and (3) upon the submission of information required under paragraph (2), the requirement under subsection (c) shall be deemed satisfied. . 6. Increased funding for mitigation programs (a) Predisaster hazard mitigation Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133(m) ) is amended— (1) by striking and at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ; and ; and (3) by adding at the end the following: (4) $300,000,000 for each of fiscal years 2014 through 2018. . (b) Flood hazard mitigation assistance There is authorized to be appropriated for financial assistance under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ) $210,000,000 for each of fiscal years 2014 through 2018. Any amounts appropriated pursuant to this subsection shall be in addition to amounts made available from the National Flood Mitigation Fund under section 1367 of such Act ( 42 U.S.C. 4104d ) for such assistance during such fiscal years.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3924ih/xml/BILLS-113hr3924ih.xml
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113-hr-3925
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I 113th CONGRESS 2d Session H. R. 3925 IN THE HOUSE OF REPRESENTATIVES January 21, 2014 Mr. Rodney Davis of Illinois (for himself, Mr. Schock , Mr. Shimkus , Mr. Kinzinger of Illinois , Mr. Enyart , and Mrs. Bustos ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require rulemaking by the Administrator of the Federal Emergency Management Agency to address considerations in evaluating the need for public and individual disaster assistance, and for other purposes.
1. Short title This Act may be cited as the Fairness in Federal Disaster Declarations Act of 2014 . 2. Regulatory action required (a) In general Not later than 120 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency (in this Act referred to as the Administrator and FEMA , respectively) shall amend the rules of the Administrator under section 206.48 of title 44, Code of Federal Regulations, as in effect on the date of enactment of this Act, in accordance with the provisions of this Act. (b) New criteria required The amended rules issued under subsection (a) shall provide for the following: (1) Public assistance program Such rules shall provide that, with respect to the evaluation of the need for public assistance— (A) specific weighted valuations shall be assigned to each criterion, as follows— (i) estimated cost of the assistance, 10 percent; (ii) localized impacts, 40 percent; (iii) insurance coverage in force, 10 percent; (iv) hazard mitigation, 10 percent; (v) recent multiple disasters, 10 percent; (vi) programs of other Federal assistance, 10 percent; and (vii) economic circumstances described in subparagraph (B), 10 percent; and (B) FEMA shall consider the economic circumstances of— (i) the local economy of the affected area, including factors such as the local assessable tax base and local sales tax, the median income as it compares to that of the State, and the poverty rate as it compares to that of the State; and (ii) the economy of the State, including factors such as the unemployment rate of the State, as compared to the national unemployment rate. (2) Individual assistance program Such rules shall provide that, with respect to the evaluation of the severity, magnitude, and impact of the disaster and the evaluation of the need for assistance to individuals— (A) specific weighted valuations shall be assigned to each criterion, as follows— (i) concentration of damages, 20 percent; (ii) trauma, 20 percent; (iii) special populations, 20 percent; (iv) voluntary agency assistance, 10 percent; (v) insurance, 20 percent; (vi) average amount of individual assistance by State, 5 percent; and (vii) economic considerations described in subparagraph (B), 5 percent; and (B) FEMA shall consider the economic circumstances of the affected area, including factors such as the local assessable tax base and local sales tax, the median income as it compares to that of the State, and the poverty rate as it compares to that of the State. (c) Effective date The amended rules referred to in this section shall apply to any major disaster declared on or after January 1, 2013.
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113-hr-3926
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I 113th CONGRESS 2d Session H. R. 3926 IN THE HOUSE OF REPRESENTATIVES January 21, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to discharge student loans for borrowers who are determined by the Commissioner of the Social Security Administration to be under a disability without expectation of medical or functional improvement.
1. Discharge of students loans for borrowers who are disabled without expectation of medical improvement Section 437(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1087(a) ) is amended— (1) in the paragraph heading for paragraph (2), by inserting by the Secretary of Veterans Affairs after determinations ; and (2) by adding at the end the following: (3) Disability determinations by the Commissioner of the Social Security Administration A borrower who has been determined by the Commissioner of Social Security to be under a disability (within the meaning of section 223(d) of the Social Security Act) without expectation of medical or functional improvement and who provides documentation of such determination to the Secretary of Education, shall be considered permanently and totally disabled for the purpose of discharging such borrower’s loans under this subsection, and such borrower shall not be required to present additional documentation for purposes of this subsection. .
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113-hr-3927
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I 113th CONGRESS 2d Session H. R. 3927 IN THE HOUSE OF REPRESENTATIVES January 21, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 3716 of title 31, United States Code, to raise to at least the poverty line the amount of Social Security benefits that are exempt from being offset to satisfy student loan debt.
1. Amendment to raise to the poverty line the amount of Social Security benefits that are exempt from being offset to satisfy student loan debt (a) Amendment Section 3716(c)(3) of title 31, United States Code, is amended— (1) in clause (i), by inserting after except as provided in clause (ii) the following: or clause (iii) ; and (2) by adding at the end the following new clause: (iii) For purposes of clause (ii), in the case of a claim for student loan debt, in lieu of the exemption amount of $9,000 applicable with respect to payments due an individual under the Social Security Act, the amount of the poverty line shall be the exemption amount. For purposes of this clause— (I) the term student loan debt means the outstanding balance of principal or interest owed on any loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); and (II) the term poverty line means the annual poverty guideline for the applicable calendar year (as updated annually in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981) as applicable to a single individual for the year in which the exemption under clause (ii) is applied. . (b) Effective date The amendment made by this Act shall apply with respect to payments made under the Social Security Act after the date that is 90 days after the date of the enactment of this Act.
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113-hr-3928
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I 113th CONGRESS 2d Session H. R. 3928 IN THE HOUSE OF REPRESENTATIVES January 27, 2014 Mr. Garrett introduced the following bill; which was referred to the Committee on Financial Services A BILL To improve the accountability and transparency of the Board of Governors of the Federal Reserve System, and for other purposes.
1. Short title This Act may be cited as the Federal Reserve Accountability and Transparency Act of 2014 . 2. Economic analysis Section 11 of the Federal Reserve Act ( 12 U.S.C. 248 ) is amended by inserting after subsection (l) the following: (m) Consideration of economic impacts (1) In general Before issuing any regulation, the Board of Governors of the Federal Reserve System shall— (A) clearly identify the nature and source of the problem that the proposed regulation is designed to address, as well as assess the significance of that problem, to enable assessment of whether any new regulation is warranted; (B) assess the costs and benefits, both qualitative and quantitative, of the intended regulation and propose or adopt a regulation only on a reasoned determination that the benefits of the intended regulation outweigh the costs of the regulation; (C) identify and assess available alternatives to the regulation that were considered, including modification of an existing regulation, together with an explanation of why the regulation meets the regulatory objectives more effectively than the alternatives; and (D) ensure that any regulation is accessible, consistent, written in plain language, and easy to understand and shall measure, and seek to improve, the actual results of regulatory requirements. (2) Considerations and actions (A) Required actions In deciding whether and how to regulate, the Board shall assess the costs and benefits of available regulatory alternatives, including the alternative of not regulating, and choose the approach that maximizes net benefits. Specifically, the Board shall— (i) evaluate whether, consistent with obtaining regulatory objectives, the regulation is tailored to impose the least burden on society, including market participants, individuals, businesses of differing sizes, and other entities (including State and local governmental entities), taking into account, to the extent practicable, the cumulative costs of regulations; and (ii) evaluate whether the regulation is inconsistent, incompatible, or duplicative of other Federal regulations. (B) Additional considerations In addition, in making a reasoned determination of the costs and benefits of a potential regulation, the Board shall, to the extent that each is relevant to the particular proposed regulation, take into consideration the impact of the regulation on— (i) investor choice; (ii) market liquidity in the securities markets; (iii) small businesses; (iv) economic growth; (v) cost and access to capital; (vi) market stability; (vii) global competitiveness; (viii) job creation; (ix) rate of inflation; and (x) employment levels. (3) Explanation and comments The Board shall explain in its final rule the nature of comments that it received, including those from the industry or consumer groups concerning the potential costs or benefits of the proposed rule or proposed rule change, and shall provide a response to those comments in its final rule, including an explanation of any changes that were made in response to those comments and the reasons that the Board did not incorporate those industry group concerns related to the potential costs or benefits in the final rule. (4) Post-adoption impact assessment (A) In general Whenever the Board adopts or amends a regulation designated as a major rule within the meaning of section 804(2) of title 5, United States Code, it shall state, in its adopting release, the following: (i) The purposes and intended consequences of the regulation. (ii) Appropriate post-implementation quantitative and qualitative metrics to measure the economic impact of the regulation and to measure the extent to which the regulation has accomplished the stated purposes. (iii) The assessment plan that will be used, consistent with the requirements of subparagraph (B), to assess whether the regulation has achieved the stated purposes. (iv) Any reasonably foreseeable indirect effects that may result from the regulation. (B) Requirements of assessment plan and report (i) Requirements of plan The assessment plan required under this paragraph shall consider the costs, benefits, and intended and unintended consequences of the regulation. The plan shall specify the data to be collected, the methods for collection and analysis of the data and a date for completion of the assessment. The assessment plan shall include an analysis of any jobs added or lost as a result of the regulation, differentiating between public and private sector jobs. (ii) Submission and publication of report The Board shall, not later than 2 years after the publication of the adopting release, cause the assessment report to be published in the Federal Register for notice and comment. If the Board determines, at least 90 days before such date, that an extension is necessary, the Board shall publish a notice of such extension in the Federal Register, along with the specific reasons why the extension is necessary. Any material modification of the plan, as necessary to assess unforeseen aspects or consequences of the regulation, shall be promptly published in the Federal Register for notice and comment. (iii) Data collection not subject to notice and comment requirements If the Board has published its assessment plan for notice and comment, specifying the data to be collected and method of collection, at least 30 days prior to adoption of a final regulation or amendment, such collection of data shall not be subject to the notice and comment requirements in section 3506(c) of title 44, United States Code (commonly referred to as the Paperwork Reduction Act). Any material modifications of the plan that require collection of data not previously published for notice and comment shall also be exempt from such requirements if the Board has published notice for comment in the Federal Register of the additional data to be collected, at least 30 days prior to initiation of data collection. (iv) Final action Not later than 180 days after publication of the assessment report in the Federal Register, the Board shall issue for notice and comment a proposal to amend or rescind the regulation, or publish a notice that the Board has determined that no action will be taken on the regulation. Such a notice will be deemed a final agency action. (5) Covered regulations and other actions Solely as used in this subsection, the term regulation — (A) means a statement of general applicability and future effect that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of the Board of Governors, including rules, orders of general applicability, interpretive releases, and other statements of general applicability that the Board of Governors intends to have the force and effect of law; and (B) does not include— (i) a regulation issued in accordance with the formal rulemaking provisions of section 556 or 557 of title 5, United States Code; (ii) a regulation that is limited to the organization, management, or personnel matters of the Board of Governors; (iii) a regulation promulgated pursuant to statutory authority that expressly prohibits compliance with this provision; and (iv) a regulation that is certified by the Board of Governors to be an emergency action, if such certification is published in the Federal Register. . 3. Federal Open Market Committee blackout period Section 12A of the Federal Reserve Act ( 12 U.S.C. 263 ) is amended by adding at the end the following: (d) Blackout period (1) In general During a blackout period, the only public communications that may be made by members and staff of the Committee with respect to macroeconomic or financial developments or about current or prospective monetary policy issues are the following: (A) The dissemination of published data, surveys, and reports that have been cleared for publication by the Board of Governors of the Federal Reserve System. (B) Answering technical questions specific to a data release. (C) Communications with respect to the prudential or supervisory functions of the Board of Governors. (2) Blackout period defined For purposes of this subsection, and with respect to a meeting of the Committee described under subsection (a), the term blackout period means the time period that— (A) begins immediately after midnight on the day that is 1-week prior to the date on which such meeting takes place; and (B) ends at midnight on the day after the date on which such meeting takes place. . 4. Staff term limits, pay, ethics standards, and financial disclosures (a) In general Section 11 of the Federal Reserve Act ( 12 U.S.C. 248 ) is amended— (1) by redesignating the second subsection (s) (relating to assessments, fees, and other charges) as subsection (t); and (2) by adding at the end the following: (u) Ethics standards for members and employees (1) Prohibited and restricted financial interests and transactions The members and employees of the Board of Governors of the Federal Reserve System shall be subject to the provisions under section 4401.102 of title 5, Code of Federal Regulations, to the same extent as such provisions apply to an employee of the Securities and Exchange Commission. (2) Treatment of brokerage accounts and availability of account statements The members and employees of the Board of Governors of the Federal Reserve System shall— (A) disclose all brokerage accounts that they maintain, as well as those in which they control trading or have a financial interest (including managed accounts, trust accounts, investment club accounts, and the accounts of spouses or minor children who live with the member or employee); and (B) with respect to any securities account that the member or employee is required to disclose to the Board of Governors, authorize their brokers and dealers to send duplicate account statements directly to Board of Governors. (3) Prohibitions related to outside employment and activities The members and employees of the Board of Governors of the Federal Reserve System shall be subject to the prohibitions related to outside employment and activities described under section 4401.103(c) of title 5, Code of Federal Regulations, to the same extent as such prohibitions apply to an employee of the Securities and Exchange Commission. (4) Additional ethics standards The members and employees of the Board of Governors of the Federal Reserve System shall be subject to— (A) the employee responsibilities and conduct regulations of the Office of Personnel Management under part 735 of title 5, Code of Federal Regulations; (B) the canons of ethics contained in subpart C of part 200 of title 17, Code of Federal Regulations, to the same extent as such subpart applies to the employees of the Securities and Exchange Commission; and (C) the regulations concerning the conduct of members and employees and former members and employees contained in subpart M of part 200 of title 17, Code of Federal Regulations, to the same extent as such subpart applies to the employees of the Securities and Exchange Commission. (v) Additional employees required To make a public financial disclosure For purposes of the financial disclosure requirements under part 2634 of title 5, Code of Federal Regulations, an employee of the Board of Governors shall be deemed a public filer if the employee is an attorney, accountant, examiner, auditor, investigator, or deals with information technology security. (w) Disclosure of staff salaries and financial information The Board of Governors of the Federal Reserve System shall make publicly available, on the website of the Board of Governors, a searchable database that contains the names of all Members, officers, and employees of the Board of Governors of the Federal Reserve System and each Federal reserve bank, and— (1) the yearly salary information for such individuals, along with any non-salary compensation received by such individuals; and (2) any financial disclosures required to be made by such individuals. . (b) Limitation on Federal Reserve System staff pay and terms of office The Federal Reserve Act is amended— (1) in the provision enumerated Fifth of the fourth undesignated paragraph of section 4, by inserting after the first sentence the following: Such president, vice presidents, and other officers and employees may not be paid a salary in excess of 99 percent of the salary of the Chairman of the Board of Governors of the Federal Reserve System. No person may serve for more than 6 years in any one of the following positions: general counsel, deputy general counsel, senior adviser, director, deputy director, senior associate director, and assistant director. ; and (2) in section 11(l), by adding at the end the following: No attorney, expert, assistant, clerk, or other employee of the Board of Governors of the Federal Reserve System may be paid a salary in excess of 99 percent of the salary of the Chairman of the Board of Governors of the Federal Reserve System. No person may serve for more than 6 years in any one of the following positions: general counsel, deputy general counsel, senior adviser, director, deputy director, senior associate director, and assistant director. . (c) Office staff for each member of the Board of Governors Section 11(t) of the Federal Reserve Act, as amended by subsection (b), is further amended by adding at the end the following: Each member of the Board of Governors of the Federal Reserve System may employ 4 individuals for the purpose of staffing the member’s office, with such individuals selected by such member and the salaries of such individuals set by such member. . (d) GAO study (1) In general The Comptroller General of the United States shall carry out a study on— (A) employee pay and the employee pay scale used by the Board of Governors of the Federal Reserve System, including— (i) how individual employee compensation relates to job function, educational attainment, and work experience; and (ii) how the pay scale compares to the pay scales used by other Federal departments and agencies, especially other financial regulators; and (B) requiring the Board of Governors of the Federal Reserve System to be funded through the regular appropriations process. (2) Report Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the Comptroller General shall issue a report to the Congress containing— (A) all findings and determinations made by the Comptroller General in carrying out the study required under paragraph (1); (B) recommendations on how to make the pay scale used by the Board of Governors more consistent with pay scales used by other Federal departments and agencies; and (C) a report on the pay amounts for employees at the Board of Governors, broken down by division and job function. 5. Vice Chairman for Supervision report requirement Section 10 of the Federal Reserve Act is amended— (1) by redesignating paragraph (12) as paragraph (11); and (2) in paragraph (11), as so redesignated, by adding at the end the following: In each such appearance, the Vice Chairman for Supervision shall provide written testimony that includes the status of all pending and anticipated rulemakings that are being made by the Board of Governors of the Federal Reserve System. If, at the time of any appearance described in this paragraph, the position of Vice Chairman for Supervision is vacant, the Vice Chairman for the Board of Governors of the Federal Reserve System (who has the responsibility to serve in the absence of the Chairman) shall appear instead and provide the required written testimony. If, at the time of any appearance described in this paragraph, both Vice Chairman positions are vacant, the Chairman of the Board of Governors of the Federal Reserve System shall appear instead and provide the required written testimony. . 6. Federal Reserve communications with Congress Section 2B of the Federal Reserve Act ( 12 U.S.C. 225b ) is amended— (1) in subsection (a), by adding at the end the following: (3) Question period During any appearance before a committee of the Congress, the Chairman or any other official or employee of the Board of Governors making such appearance shall remain as long as members of the committee have questions, but no later than 5 p.m. ; (2) in subsection (b)— (A) in the heading for such subsection, by striking Report and inserting reports, questions, and meetings ; (B) by striking The Board and inserting the following: (1) In general The Board ; and (C) by adding at the end the following: (2) Responses to Congressional committee questions (A) In general Not later than the end of the 6-week period following the date on which any member or employee of the Board of Governors of the Federal Reserve System appears before a committee of the Congress, the Board shall respond, in writing, to any questions submitted by such committee. (B) Inability to meet deadline If the written response described under subparagraph (A) cannot be provided within the 6-week period described under such subparagraph, the Chairman of the Board shall inform the chairman of the appropriate committee, in writing, within such 6-week period— (i) as to why the Board is unable to provide the written response within the 6-week period; and (ii) the expected date on which the Board will respond to such questions. (3) Congressional meeting request accountability (A) In general Upon receiving a meeting request from a member or staff member serving on the Committee of Financial Services or Budget of the House of Representatives or the Committee of Banking, Housing, and Urban Affairs or Budget of the Senate, the Board of Governors of the Federal Reserve System shall— (i) respond, within 3 business days, to notify such member or staff member that the request has been received; and (ii) include in such response whether the meeting request can be accommodated and, if so, the dates and times when officers and employees of the Board are available for such meeting. (B) Inability to accommodate meeting If, in a response described under subparagraph (A), the Board states that the meeting cannot be accommodated within the 2-week period following such response, the Chairman of the Board shall accompany such response with a detailed written explanation to the chairman of the committee as to why the meeting cannot be accommodated within such period and when the request will be accommodated. (4) Salary freeze while in violation During any period of time with respect to which the Board of Governors or the Chairman of the Board of Governors is in violation of any provision of this subsection, no employee of the Board of Governors may receive an increase in salary or other compensation. . 7. Transparency of regulatory activities (a) Stress test rulemaking, GAO review, and publication of results Section 165(i)(1)(B) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5365(i)(1)(B) ) is amended— (1) by amending clause (i) to read as follows: (i) shall— (I) issue regulations, after providing for public notice and comment, that provide for at least 3 different sets of conditions under which the evaluation required by this subsection shall be conducted, including baseline, adverse, and severely adverse, and methodologies including models used to estimate losses on certain assets; (II) provide copies of such regulations to the Comptroller General of the United States and the Panel of Economic Advisors of the Congressional Budget Office before publishing such regulations; ; and (2) in clause (v), by inserting before the period the following: , including any results of a resubmitted test . (b) Publication of the number of supervisory letters sent to the largest bank holding companies Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5365 ) is amended by adding at the end the following: (l) Publication of supervisory letter information The Board of Governors shall publicly disclose— (1) the aggregate number of supervisory letters sent to bank holding companies described in subsection (a) since the date of the enactment of this section, and keep such number updated; and (2) the aggregate number of such letters that are designated as Matters Requiring Attention and the aggregate number of such letters that are designated as Matters Requiring Immediate Attention . . (c) Disclosure of audits and reviews to appropriate committees (1) In general Not later than the end of the 30-day period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate unredacted copies of— (A) the Board of Governors’ Review of Regulatory Supervisory Audit; (B) the Board of Governors’ 2003–2008 Performance Review; and (C) each performance review performed by the Board of Governors after the date of the enactment of this Act. (2) Notice of sensitive information The Board of Governors shall ensure that the documents described under paragraph (1) are accompanied by a list of any sections in such documents that the Board of Governors deems to be sensitive information that should not be made public. 8. Treatment of certain directors and presidents (a) Elimination of class C directors Section 4 of the Federal Reserve Act is amended— (1) in the provision enumerated Fifth of the fourth undesignated paragraph, by striking and Class C ; (2) in the ninth undesignated paragraph, by striking classes A, B, and C and inserting classes A and B ; (3) in the tenth undesignated paragraph, by striking three members and inserting four members ; (4) in the eleventh undesignated paragraph, by striking three members and inserting five members ; (5) by striking the twelfth and fifteenth undesignated paragraphs; (6) by amending the twentieth undesignated paragraph to read as follows: (20) Designation of chairman and deputy chairman (A) Designation of chairman (i) In general One of the class A or B directors who has tested banking experience shall be designated by the Board of Governors of the Federal Reserve System as chairman of the board of directors of the Federal reserve bank and as Federal reserve agent. (ii) Duties The chairman shall— (I) maintain, under regulations to be established by the Board of Governors of the Federal Reserve System, a local office of said board on the premises of the Federal reserve bank; (II) make regular reports to the Board of Governors of the Federal Reserve System; and (III) act as the official representative of the Board of Governors for the performance of the functions conferred upon it by this Act. (iii) Compensation The chairman shall receive an annual compensation to be fixed by the Board of Governors of the Federal Reserve System and paid monthly by the Federal reserve bank to which the chairman is designated. (B) Designation of deputy chairman One of the class A or B directors shall be appointed by the Board of Governors of the Federal Reserve System as deputy chairman to exercise the powers of the chairman of the board when necessary. ; and (7) by amending the twenty-fourth undesignated paragraph to read as follows: (24) Term of directors; vacancies (A) Term of directors Every director of a Federal reserve bank shall hold office for a term of three years, and such terms shall be staggered, from the date of the enactment of this paragraph, such that— (i) with respect to the four class A directors, one director’s term shall expire in each of the first and second years and two directors’ terms shall expire in the third year; and (ii) with respect to the five class B directors, one director’s term shall expire in the first year and two directors’ terms shall expire in each of the second and third years. (B) Vacancies Vacancies that may occur in the several classes of directors of Federal reserve banks may be filled in the manner provided for the original selection of such directors, such appointees to hold office for the unexpired terms of their predecessors. . (b) Appointment of bank president and vice president The provision enumerated Fifth of the fourth undesignated paragraph of section 4 of the Federal Reserve Act is amended by striking with the approval of the Board of Governors of the Federal Reserve System, . 9. International travel and negotiations (a) International travel Section 11 of the Federal Reserve Act ( 12 U.S.C. 248 ), as amended by section 4, is further amended by adding at the end the following: (x) Temporary authorization for international travel (1) In general Members and employees of the Board of Governors of the Federal Reserve System may not travel outside of the United States for the purposes of performing any function on behalf of the Board of Governors of the Federal Reserve System after the end of the 2-year period beginning on the date of enactment of this subsection. (2) Exception Paragraph (1) shall not apply to travel through another country for purposes of traveling from one part of the United States to another part of the United States. . (b) International negotiations Section 11 of the Federal Reserve Act ( 12 U.S.C. 248 ), as amended by subsection (a), is further amended by adding at the end the following: (y) International negotiations (1) Notice of negotiations; consultation At least 90 calendar days before any Member or employee of the Board of Governors of the Federal Reserve System enters into negotiations with any foreign or multinational entity, the Board of Governors shall— (A) issue a notice of negotiations to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) make such notice available to the public, including on the website of the Board of Governors; and (C) solicit public comment, and consult with the committees described under subparagraph (A), with respect to the topic matter, scope, and goals of the negotiations. (2) Public reports on negotiations After the end of any negotiation described under paragraph (1), the Board of Governors shall issue a public report on the topics that were discussed at the negotiation and any new or revised rulemakings or policy changes that the Board of Governors believe should be enacted as a result of the negotiations. (3) Notice of agreements; consultation At least 90 calendar days before any Member or employee of the Board of Governors of the Federal Reserve System enters into any agreement with any foreign or multinational entity, the Board of Governors shall— (A) issue a notice of agreement to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) make such notice available to the public, including on the website of the Board of Governors; and (C) consult with such committees with respect to the nature of the agreement and any anticipated effects such agreement will have on the economy. . 10. Improvements to the Financial Institutions Examination Council (a) Economic analysis Section 1008 of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3305 ) is amended by adding at the end the following: (d) Consideration of economic impacts (1) In general Before issuing any regulation, the Council shall— (A) clearly identify the nature and source of the problem that the proposed regulation is designed to address, as well as assess the significance of that problem, to enable assessment of whether any new regulation is warranted; (B) assess the costs and benefits, both qualitative and quantitative, of the intended regulation and propose or adopt a regulation only on a reasoned determination that the benefits of the intended regulation outweigh the costs of the regulation; (C) identify and assess available alternatives to the regulation that were considered, including modification of an existing regulation, together with an explanation of why the regulation meets the regulatory objectives more effectively than the alternatives; and (D) ensure that any regulation is accessible, consistent, written in plain language, and easy to understand and shall measure, and seek to improve, the actual results of regulatory requirements. (2) Considerations and actions (A) Required actions In deciding whether and how to regulate, the Council shall assess the costs and benefits of available regulatory alternatives, including the alternative of not regulating, and choose the approach that maximizes net benefits. Specifically, the Council shall— (i) evaluate whether, consistent with obtaining regulatory objectives, the regulation is tailored to impose the least burden on society, including market participants, individuals, businesses of differing sizes, and other entities (including State and local governmental entities), taking into account, to the extent practicable, the cumulative costs of regulations; and (ii) evaluate whether the regulation is inconsistent, incompatible, or duplicative of other Federal regulations. (B) Additional considerations In addition, in making a reasoned determination of the costs and benefits of a potential regulation, the Council shall, to the extent that each is relevant to the particular proposed regulation, take into consideration the impact of the regulation on— (i) investor choice; (ii) market liquidity in the securities markets; (iii) small businesses; (iv) economic growth; (v) cost and access to capital; (vi) market stability; (vii) global competitiveness; (viii) job creation; (ix) rate of inflation; and (x) employment levels. (3) Explanation and comments The Council shall explain in its final rule the nature of comments that it received, including those from the industry or consumer groups concerning the potential costs or benefits of the proposed rule or proposed rule change, and shall provide a response to those comments in its final rule, including an explanation of any changes that were made in response to those comments and the reasons that the Council did not incorporate those industry group concerns related to the potential costs or benefits in the final rule. (4) Post-adoption impact assessment (A) In general Whenever the Council adopts or amends a regulation designated as a major rule within the meaning of section 804(2) of title 5, United States Code, it shall state, in its adopting release, the following: (i) The purposes and intended consequences of the regulation. (ii) Appropriate post-implementation quantitative and qualitative metrics to measure the economic impact of the regulation and to measure the extent to which the regulation has accomplished the stated purposes. (iii) The assessment plan that will be used, consistent with the requirements of subparagraph (B), to assess whether the regulation has achieved the stated purposes. (iv) Any reasonably foreseeable indirect effects that may result from the regulation. (B) Requirements of assessment plan and report (i) Requirements of plan The assessment plan required under this paragraph shall consider the costs, benefits, and intended and unintended consequences of the regulation. The plan shall specify the data to be collected, the methods for collection and analysis of the data and a date for completion of the assessment. The assessment plan shall include an analysis of any jobs added or lost as a result of the regulation, differentiating between public and private sector jobs. (ii) Submission and publication of report The Council shall, not later than 2 years after the publication of the adopting release, cause the assessment report to be published in the Federal Register for notice and comment. If the Council determines, at least 90 days before such date, that an extension is necessary, the Council shall public a notice of such extension in the Federal Register, along with the specific reasons why the extension is necessary. Any material modification of the plan, as necessary to assess unforeseen aspects or consequences of the regulation, shall be promptly published in the Federal Register for notice and comment. (iii) Data collection not subject to notice and comment requirements If the Council has published its assessment plan for notice and comment, specifying the data to be collected and method of collection, at least 30 days prior to adoption of a final regulation or amendment, such collection of data shall not be subject to the notice and comment requirements in section 3506(c) of title 44, United States Code (commonly referred to as the Paperwork Reduction Act). Any material modifications of the plan that require collection of data not previously published for notice and comment shall also be exempt from such requirements if the Council has published notice for comment in the Federal Register of the additional data to be collected, at least 30 days prior to initiation of data collection. (iv) Final action Not later than 180 days after publication of the assessment report in the Federal Register, the Council shall issue for notice and comment a proposal to amend or rescind the regulation, or publish a notice that the Council has determined that no action will be taken on the regulation. Such a notice will be deemed a final agency action. (5) Covered regulations and other actions Solely as used in this subsection, the term regulation — (A) means a statement of general applicability and future effect that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of the Council, including rules, orders of general applicability, interpretive releases, and other statements of general applicability that the Council intends to have the force and effect of law; and (B) does not include— (i) a regulation issued in accordance with the formal rulemaking provisions of section 556 or 557 of title 5, United States Code; (ii) a regulation that is limited to the organization, management, or personnel matters of the Council; (iii) a regulation promulgated pursuant to statutory authority that expressly prohibits compliance with this provision; and (iv) a regulation that is certified by the Council to be an emergency action, if such certification is published in the Federal Register. . (b) Ethics standards Section 1008 of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3305 ), as amended by subsection (a), is further amended by adding at the end the following: (e) Ethics standards (1) Prohibited and restricted financial interests and transactions The members and employees of the Council shall be subject to the provisions under section 4401.102 of title 5, Code of Federal Regulations, to the same extent as such provisions apply to an employee of the Securities and Exchange Commission. (2) Treatment of brokerage accounts and availability of account statements The members and employees of the Council shall— (A) disclose all brokerage accounts that they maintain, as well as those in which they control trading or have a financial interest (including managed accounts, trust accounts, investment club accounts, and the accounts of spouses or minor children who live with the member or employee); and (B) with respect to any securities account that the member or employee is required to disclose to the Council, authorize their brokers and dealers to send duplicate account statements directly to Council. (3) Prohibitions related to outside employment and activities The members and employees of the Council shall be subject to the prohibitions related to outside employment and activities described under section 4401.103(c) of title 5, Code of Federal Regulations, to the same extent as such prohibitions apply to an employee of the Securities and Exchange Commission. (4) Additional ethics standards The members and employees of the Council shall be subject to— (A) the employee responsibilities and conduct regulations of the Office of Personnel Management under part 735 of title 5, Code of Federal Regulations; (B) the canons of ethics contained in subpart C of part 200 of title 17, Code of Federal Regulations, to the same extent as such subpart applies to the employees of the Securities and Exchange Commission; and (C) the regulations concerning the conduct of members and employees and former members and employees contained in subpart M of part 200 of title 17, Code of Federal Regulations, to the same extent as such subpart applies to the employees of the Securities and Exchange Commission. (f) Additional employees required To make a public financial disclosure For purposes of the financial disclosure requirements under part 2634 of title 5, Code of Federal Regulations, an employee of the Council shall be deemed a public filer if the employee is an attorney, accountant, examiner, auditor, investigator, or deals with information technology security. (g) Disclosure of staff salaries and financial information The Council shall make publicly available, on the website of the Council, a searchable database that contains the names of all Members and employees of the Council, and— (1) the yearly salary information for such individuals, along with any non-salary compensation received by such individuals; and (2) any financial disclosures required to be made by such individuals. . 11. Improvements to the Financial Stability Oversight Council (a) Economic analysis Section 111 of the Financial Stability Act of 2010 ( 12 U.S.C. 5321 ) is amended by adding at the end the following: (k) Consideration of economic impacts (1) In general Before issuing any regulation, the Council shall— (A) clearly identify the nature and source of the problem that the proposed regulation is designed to address, as well as assess the significance of that problem, to enable assessment of whether any new regulation is warranted; (B) assess the costs and benefits, both qualitative and quantitative, of the intended regulation and propose or adopt a regulation only on a reasoned determination that the benefits of the intended regulation outweigh the costs of the regulation; (C) identify and assess available alternatives to the regulation that were considered, including modification of an existing regulation, together with an explanation of why the regulation meets the regulatory objectives more effectively than the alternatives; and (D) ensure that any regulation is accessible, consistent, written in plain language, and easy to understand and shall measure, and seek to improve, the actual results of regulatory requirements. (2) Considerations and actions (A) Required actions In deciding whether and how to regulate, the Council shall assess the costs and benefits of available regulatory alternatives, including the alternative of not regulating, and choose the approach that maximizes net benefits. Specifically, the Council shall— (i) evaluate whether, consistent with obtaining regulatory objectives, the regulation is tailored to impose the least burden on society, including market participants, individuals, businesses of differing sizes, and other entities (including State and local governmental entities), taking into account, to the extent practicable, the cumulative costs of regulations; and (ii) evaluate whether the regulation is inconsistent, incompatible, or duplicative of other Federal regulations. (B) Additional considerations In addition, in making a reasoned determination of the costs and benefits of a potential regulation, the Council shall, to the extent that each is relevant to the particular proposed regulation, take into consideration the impact of the regulation on— (i) investor choice; (ii) market liquidity in the securities markets; (iii) small businesses; (iv) economic growth; (v) cost and access to capital; (vi) market stability; (vii) global competitiveness; (viii) job creation; (ix) rate of inflation; and (x) employment levels. (3) Explanation and comments The Council shall explain in its final rule the nature of comments that it received, including those from the industry or consumer groups concerning the potential costs or benefits of the proposed rule or proposed rule change, and shall provide a response to those comments in its final rule, including an explanation of any changes that were made in response to those comments and the reasons that the Council did not incorporate those industry group concerns related to the potential costs or benefits in the final rule. (4) Post-adoption impact assessment (A) In general Whenever the Council adopts or amends a regulation designated as a major rule within the meaning of section 804(2) of title 5, United States Code, it shall state, in its adopting release, the following: (i) The purposes and intended consequences of the regulation. (ii) Appropriate post-implementation quantitative and qualitative metrics to measure the economic impact of the regulation and to measure the extent to which the regulation has accomplished the stated purposes. (iii) The assessment plan that will be used, consistent with the requirements of subparagraph (B), to assess whether the regulation has achieved the stated purposes. (iv) Any reasonably foreseeable indirect effects that may result from the regulation. (B) Requirements of assessment plan and report (i) Requirements of plan The assessment plan required under this paragraph shall consider the costs, benefits, and intended and unintended consequences of the regulation. The plan shall specify the data to be collected, the methods for collection and analysis of the data and a date for completion of the assessment. The assessment plan shall include an analysis of any jobs added or lost as a result of the regulation, differentiating between public and private sector jobs. (ii) Submission and publication of report The Council shall, not later than 2 years after the publication of the adopting release, cause the assessment report to be published in the Federal Register for notice and comment. If the Council determines, at least 90 days before such date, that an extension is necessary, the Council shall public a notice of such extension in the Federal Register, along with the specific reasons why the extension is necessary. Any material modification of the plan, as necessary to assess unforeseen aspects or consequences of the regulation, shall be promptly published in the Federal Register for notice and comment. (iii) Data collection not subject to notice and comment requirements If the Council has published its assessment plan for notice and comment, specifying the data to be collected and method of collection, at least 30 days prior to adoption of a final regulation or amendment, such collection of data shall not be subject to the notice and comment requirements in section 3506(c) of title 44, United States Code (commonly referred to as the Paperwork Reduction Act). Any material modifications of the plan that require collection of data not previously published for notice and comment shall also be exempt from such requirements if the Council has published notice for comment in the Federal Register of the additional data to be collected, at least 30 days prior to initiation of data collection. (iv) Final action Not later than 180 days after publication of the assessment report in the Federal Register, the Council shall issue for notice and comment a proposal to amend or rescind the regulation, or publish a notice that the Council has determined that no action will be taken on the regulation. Such a notice will be deemed a final agency action. (5) Covered regulations and other actions Solely as used in this subsection, the term regulation — (A) means a statement of general applicability and future effect that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of the Council, including rules, orders of general applicability, interpretive releases, and other statements of general applicability that the Council intends to have the force and effect of law; and (B) does not include— (i) a regulation issued in accordance with the formal rulemaking provisions of section 556 or 557 of title 5, United States Code; (ii) a regulation that is limited to the organization, management, or personnel matters of the Council; (iii) a regulation promulgated pursuant to statutory authority that expressly prohibits compliance with this provision; and (iv) a regulation that is certified by the Council to be an emergency action, if such certification is published in the Federal Register. . (b) Ethics standards Section 111 of the Financial Stability Act of 2010 ( 12 U.S.C. 5321 ), as amended by subsection (a), is further amended by adding at the end the following: (l) Ethics standards (1) Prohibited and restricted financial interests and transactions The members and employees of the Council shall be subject to the provisions under section 4401.102 of title 5, Code of Federal Regulations, to the same extent as such provisions apply to an employee of the Securities and Exchange Commission. (2) Treatment of brokerage accounts and availability of account statements The members and employees of the Council shall— (A) disclose all brokerage accounts that they maintain, as well as those in which they control trading or have a financial interest (including managed accounts, trust accounts, investment club accounts, and the accounts of spouses or minor children who live with the member or employee); and (B) with respect to any securities account that the member or employee is required to disclose to the Council, authorize their brokers and dealers to send duplicate account statements directly to Council. (3) Prohibitions related to outside employment and activities The members and employees of the Council shall be subject to the prohibitions related to outside employment and activities described under section 4401.103(c) of title 5, Code of Federal Regulations, to the same extent as such prohibitions apply to an employee of the Securities and Exchange Commission. (4) Additional ethics standards The members and employees of the Council shall be subject to— (A) the employee responsibilities and conduct regulations of the Office of Personnel Management under part 735 of title 5, Code of Federal Regulations; (B) the canons of ethics contained in subpart C of part 200 of title 17, Code of Federal Regulations, to the same extent as such subpart applies to the employees of the Securities and Exchange Commission; and (C) the regulations concerning the conduct of members and employees and former members and employees contained in subpart M of part 200 of title 17, Code of Federal Regulations, to the same extent as such subpart applies to the employees of the Securities and Exchange Commission. (m) Additional employees required To make a public financial disclosure For purposes of the financial disclosure requirements under part 2634 of title 5, Code of Federal Regulations, an employee of the Council shall be deemed a public filer if the employee is an attorney, accountant, examiner, auditor, investigator, or deals with information technology security. (n) Disclosure of staff salaries and financial information The Council shall make publicly available, on the website of the Council, a searchable database that contains the names of all Members and employees of the Council, and— (1) the yearly salary information for such individuals, along with any non-salary compensation received by such individuals; and (2) any financial disclosures required to be made by such individuals. .
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113-hr-3929
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I 113th CONGRESS 2d Session H. R. 3929 IN THE HOUSE OF REPRESENTATIVES January 27, 2014 Ms. Kelly of Illinois (for herself, Mr. Quigley , Mr. Lipinski , and Mr. Danny K. Davis of Illinois ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish Pullman National Historical Park in the State of Illinois as a unit of the National Park System, and for other purposes.
1. Short title This Act may be cited as the Pullman National Historical Park Act . 2. Findings Congress finds the following: (1) The Pullman Historical District was designated as a National Historic Landmark (NHL) District in 1970 by the Secretary of the Interior for its significance to American labor history, social history, architecture, urban planning, and the events that took place at Pullman were pivotal in creating the world’s first national Labor Day holiday. (2) The Historic Pullman District, built between the years of 1880 and 1884, was established by George M. Pullman, owner of the Pullman Palace Car Company. Pullman envisioned an industrial town that provided employees with a model community and suitable living conditions for workers and their families. The town, which consisted of over 1,000 buildings and homes, was awarded The World’s Most Perfect Town at the International Hygienic and Pharmaceutical Exposition in 1896. (3) The Pullman factory site is a true symbol of the historic American struggle to achieve fair labor practices for the working class, with the original factory serving as the catalyst for the first industry-wide strike in the United States. In the midst of economic depression in 1894, Pullman factory workers initiated a strike to protest unsafe conditions and reductions in pay that, when taken up as a cause by the American Railway Union (ARU), crippled the entire rail industry. The strike continued even in the face of a Federal injunction and a showdown between laborers and Federal troops that turned violent and deadly. But the strike also set a national example for the ability of working Americans to change the existing system in favor of more just practices for protecting workers rights and safety. (4) The Pullman community was the site of the famous 1894 Pullman labor strike. Following the deaths of a number of workers at the hands of the U.S. military and U.S. Marshals during that strike, the United States Congress unanimously voted to approve rush legislation that created a national Labor Day holiday. President Grover Cleveland signed it into law a mere six days after the end of the strike. (5) The Pullman Car Company also played an important role in African-American and early Civil Rights history through the legacy of the Pullman Porters. Many of the Pullman Porters were ex-slaves who were employed in a heavily discriminatory environment immediately following the Civil War. These men, who served diligently between the 1870s and the 1960s, have been commended for their level of service and attention to detail, as well as their contributions to the development of the Black middle class. The information, ideas, and commerce they carried across the country (while traveling on trains) helped to bring education and wealth to Black communities everywhere. Their positive role in the historical image of the first-class service that was made available on Pullman cars is unmistakable. (6) Pullman was the seminal home to the Brotherhood of Sleeping Car Porters, the first African-American labor union with a collective bargaining agreement, founded by civil rights pioneer A. Philip Randolph in 1925. This union fought against discrimination and in support of just labor practices, and helped lay the groundwork for what became the great Civil Rights Movement of the 20th century. (7) The Pullman community is a paramount illustration of the work of architect Solon Spencer Beman and a well-preserved example of 19th century community planning, architecture, and landscape design. The community is comprised of a number of historic structures, including the Administration (Clock-tower) Building, Hotel Florence, Greenstone Church, Market Square, and hundreds of units of row houses built for Pullman workers. (8) The preservation of Pullman has been threatened by plans for demolition in 1960 and by a fire in 1998, which damaged the iconic clock-tower and the rear erecting shops. The restoration and preservation led by the diligent efforts of community organizations, foundations, non-profits, residents, and the local and State government were vital to the protection of the site. (9) Due to the Pullman’s historic and architectural significance, the site is designated as— (A) a registered National Historic Landmark District; (B) an Illinois State Landmark; and (C) a City of Chicago Landmark District. (10) The preservation, enhancement, economic, and tourism potential and management of the Pullman National Historical Park’s important historical and architectural resources requires cooperation and partnerships from among local property owners, local, State, and Federal Government entities, the private and non-profit sectors, and more than 100 civic organizations who have expressed support for community preservation through the creation of Pullman National Historical Park. 3. Establishment of Pullman National Historical Park (a) Establishment and purpose There is hereby established Pullman National Historical Park in the State of Illinois for the purposes of— (1) preserving and interpreting for the benefit of future generations the significant labor, industrial and social history; the significant civil rights history; and the significant architectural structures in Pullman National Historical Park; (2) preserving and interpreting for the benefit of future generations the role of Pullman in the creation of the world’s first national Labor Day holiday; (3) coordinating preservation, protection, and interpretation efforts by Federal, State, or local governmental entities, and/or private and nonprofit organizations; and (4) coordinating appropriate management options needed to ensure the protection, preservation, and interpretation of the many significant aspects of the site. (b) Boundaries The boundaries of Pullman National Historical Park should reflect and not exceed the boundaries of the Pullman Historic District in Chicago, which is between 103rd Street on the north, 115th Street on the south, Cottage Grove Avenue on the west, and the Norfolk & Western Rail Line on the east. The area encompasses about 300 acres. The National Park Service would initially own only the Pullman Factory Complex, including the Administration/Clock Tower Building and rear erecting shops and the approximately 13 acres of land on which the structures sit, which would be conveyed to the National Park Service by the State of Illinois. All future land, buildings, and assets could be transferred to the Federal Government by donation, transfer, or exchange only. 4. Administration (a) In general The Secretary of the Interior shall administer Pullman National Historical Park in accordance with— (1) this Act; and (2) the laws generally applicable to units of the National Park System, including— (A) the National Park Service Organic Act ( 16 U.S.C. 1 et seq. ); and (B) the Act of August 21, 1935 ( 16 U.S.C. 461 et seq. ). Additionally, nothing in this law modifies any authority of the United States to carry out Federal laws on Federal land located within the Park. (b) Cooperative agreements The Secretary may also enter into cooperative agreements with the State or other public and non-public parties, under which the Secretary may identify, interpret, and provide assistance for the preservation of non-Federal properties within the Park (and at sites in close proximity to the Park but outside boundaries), including providing for placement of directional and interpretive signage, exhibits, and technology-based interpretive devices. (c) Land and property acquisition All land, buildings, structures, or interests in land owned by the State or any other political, private, or non-profit entity may be acquired by the Federal Government by donation, transfer, exchange, or purchase from a willing seller. (d) Management plan Not later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary, in consultation with the State, shall complete a general management plan for the Park in accordance with— (1) section 12(b) of the National Park System General Authorities Act ( 16 U.S.C. 1a–7(b) ); and (2) any other applicable laws.
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113-hr-3930
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I 113th CONGRESS 2d Session H. R. 3930 IN THE HOUSE OF REPRESENTATIVES January 27, 2014 Mr. Wilson of South Carolina (for himself, Mrs. Hartzler , Mr. Rahall , Mrs. Miller of Michigan , Mr. Perry , Mr. Bishop of Utah , Mr. Franks of Arizona , Mr. Enyart , Mr. Barr , Mr. Rothfus , Mr. Simpson , Mr. Cole , Mr. Chaffetz , Mr. Runyan , Mr. Cramer , Mr. Matheson , and Mr. Barber ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To establish the National Commission on the Structure of the Army, and for other purposes.
1. Short title This Act may be cited as the National Commission on the Structure of the Army Act of 2014 . 2. Limitation on availability of funds for reductions to the Army National Guard (a) Aircraft None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Army may be used to divest, retire, or transfer, or prepare to divest, retire, or transfer, any aircraft of the Army assigned to units of the Army National Guard as of January 15, 2014. (b) Personnel None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2015 for the Army may be used to reduce personnel below the authorized end strength levels of 350,000 for the Army National Guard as of September 30, 2014. 3. National Commission on the Structure of the Army (a) Establishment There is established the National Commission on the Structure of the Army (in this Act referred to as the Commission ). (b) Membership (1) Composition The Commission shall be composed of eight members, of whom— (A) four shall be appointed by the President; (B) one shall be appointed by the Chairman of the Committee on Armed Services of the Senate; (C) one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate; (D) one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and (E) one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives. (2) Appointment date The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act. (3) Effect of lack of appointment by appointment date If one or more appointments under subparagraph (A) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. If an appointment under subparagraph (B), (C), (D), or (E) of paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make an appointment under such subparagraph shall expire, and the number of members of the Commission shall be reduced by the number equal to the number otherwise appointable under such subparagraph. (4) Expertise In making appointments under this subsection, consideration should be given to individuals with expertise in reserve forces policy. (c) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings The Commission shall meet at the call of the Chair. (f) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chair and vice chair The Commission shall select a Chair and Vice Chair from among its members. 4. Duties of the Commission (a) Study (1) In general The Commission shall undertake a comprehensive study of the structure of the Army to determine the proper force mixture of the active component and reserve component, and how the structure should be modified to best fulfill current and anticipated mission requirements for the Army in a manner consistent with available resources and estimated future resources. (2) Considerations In considering the structure of the Army, the Commission shall give particular consideration to evaluating a structure that— (A) meets current and anticipated requirements of the combatant commands; (B) achieves a cost-efficiency balance between the regular and reserve components of the Army, taking advantage of the unique strengths and capabilities of each, with a particular focus on fully burdened and lifecycle cost of Army personnel; (C) ensures that the regular and reserve components of the Army have the capacity needed to support current and anticipated homeland defense and disaster assistance missions in the United States; (D) provides for sufficient numbers of regular members of the Army to provide a base of trained personnel from which the personnel of the reserve components of the Army could be recruited; (E) maintains a peacetime rotation force to support operational tempo goals of 1:2 for regular members of the Army and 1:5 for members of the reserve components of the Army; and (F) maximizes and appropriately balances affordability, efficiency, effectiveness, capability, and readiness. (b) Report Not later than February 1, 2016, the Commission shall submit to the President and the congressional defense committees a report which shall contain a detailed statement of the findings and conclusions of the Commission as a result of the study required by subsection (a), together with its recommendations for such legislation and administrative actions it may consider appropriate in light of the results of the study. 5. Powers of the Commission (a) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information from federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. 6. Commission personnel matters (a) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff (1) In general The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of temporary and intermittent services The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. 7. Termination of the Commission The Commission shall terminate 90 days after the date on which the Commission submits its report under section 4. 8. Funding Amounts authorized to be appropriated for fiscal year 2015 and available for operation and maintenance for the Army as specified in the funding table in section 4301 of the fiscal year 2015 National Defense Authorization Act may be available for the activities of the Commission under this Act.
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113-hr-3931
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I 113th CONGRESS 2d Session H. R. 3931 IN THE HOUSE OF REPRESENTATIVES January 27, 2014 Mr. Dent (for himself, Ms. Schwartz , Mr. Gerlach , Mr. Meehan , Mr. Fitzpatrick , Mr. Kelly of Pennsylvania , Mr. Thompson of Pennsylvania , and Mr. Barletta ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to allow for the continuation of the pre-ACA flexibility of States in providing CHIP coverage to low-income children.
1. Short title This Act may be cited as the Children's Health Insurance Protection (CHIP) Act . 2. Continuing pre-ACA State flexibility in providing CHIP coverage for low-income children Effective January 1, 2014, section 1902(l)(2)(C) of the Social Security Act ( 42 U.S.C. 1396a(l)(2)(C) ) is amended by striking (or, beginning January 1, 2014, 133 percent) .
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113-hr-3932
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I 113th CONGRESS 2d Session H. R. 3932 IN THE HOUSE OF REPRESENTATIVES January 27, 2014 Mrs. Blackburn introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit taxpayer funded abortions.
1. Short title; table of contents (a) Short title This Act may be cited as the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure 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—Prohibiting Federally Funded Abortions Sec. 101. Prohibiting taxpayer funded abortions. Sec. 102. Amendment to table of chapters. Title II—Application under the Affordable Care Act Sec. 201. Clarifying application of prohibition to premium credits and cost-sharing reductions under ACA. Sec. 202. Revision of notice requirements regarding disclosure of extent of health plan coverage of abortion and abortion premium surcharges. I Prohibiting Federally Funded Abortions 101. Prohibiting taxpayer funded abortions Title 1, United States Code is amended by adding at the end the following new chapter: 4 Prohibiting taxpayer funded abortions 301. Prohibition on funding for abortions. 302. Prohibition on funding for health benefits plans that cover abortion. 303. Limitation on Federal facilities and employees. 304. Construction relating to separate coverage. 305. Construction relating to the use of non-Federal funds for health coverage. 306. Non-preemption of other Federal laws. 307. Construction relating to complications arising from abortion. 308. Treatment of abortions related to rape, incest, or preserving the life of the mother. 309. Application to District of Columbia. 301. 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. 302. 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. 303. Limitation on Federal facilities and employees No health care service furnished— (1) by or in a health care facility owned or operated by the Federal Government; or (2) by any physician or other individual employed by the Federal Government to provide health care services within the scope of the physician’s or individual’s employment, may include abortion. 304. Construction relating to separate coverage Nothing in this chapter 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. 305. Construction relating to the use of non-Federal funds for health coverage Nothing in this chapter 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. 306. Non-preemption of other Federal laws Nothing in this chapter shall repeal, amend, or have any effect on any other Federal law to the extent such law imposes any limitation on the use of funds for abortion or for health benefits coverage that includes coverage of abortion, beyond the limitations set forth in this chapter. 307. Construction relating to complications arising from abortion Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion. This rule of construction shall be applicable without regard to whether the abortion was performed in accord with Federal or State law, and without regard to whether funding for the abortion is permissible under section 308. 308. Treatment of abortions related to rape, incest, or preserving the life of the mother The limitations established in sections 301, 302, and 303 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. 309. Application to District of Columbia In this chapter: (1) Any reference to funds appropriated by Federal law shall be treated as including any amounts within the budget of the District of Columbia that have been approved by Act of Congress pursuant to section 446 of the District of Columbia Home Rule Act (or any applicable successor Federal law). (2) The term Federal Government includes the government of the District of Columbia. . 102. Amendment to table of chapters The table of chapters for title 1, United States Code, is amended by adding at the end the following new item: 4. Prohibiting taxpayer funded abortions 301 . II Application under the Affordable Care Act 201. Clarifying application of prohibition to premium credits and cost-sharing reductions under ACA (a) In general (1) Disallowance of refundable credit and cost-sharing reductions for coverage under qualified health plan which provides coverage for abortion (A) In general Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: or any health plan that includes coverage for abortions (other than any abortion or treatment described in section 307 or 308 of title 1, United States Code) . (B) Option to purchase or offer separate coverage or plan Paragraph (3) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph: (C) Separate abortion coverage or plan allowed (i) Option to purchase separate coverage or plan Nothing in subparagraph (A) shall be construed as prohibiting any individual from purchasing separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the premiums for such coverage or plan. (ii) Option to offer coverage or plan Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as premiums for such separate coverage or plan are not paid for with any amount attributable to the credit allowed under this section (or the amount of any advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act). . (2) Disallowance of small employer health insurance expense credit for plan which includes coverage for abortion Subsection (h) of section 45R of the Internal Revenue Code of 1986 is amended— (A) by striking Any term and inserting the following: (1) In general Any term ; and (B) by adding at the end the following new paragraph: (2) Exclusion of health plans including coverage for abortion (A) In general The term qualified health plan does not include any health plan that includes coverage for abortions (other than any abortion or treatment described in section 307 or 308 of title 1, United States Code). (B) Separate abortion coverage or plan allowed (i) Option to purchase separate coverage or plan Nothing in subparagraph (A) shall be construed as prohibiting any employer from purchasing for its employees separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the employer contributions for such coverage or plan. (ii) Option to offer coverage or plan Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as such separate coverage or plan is not paid for with any employer contribution eligible for the credit allowed under this section. . (3) Conforming ACA amendments Section 1303(b) of Public Law 111–148 ( 42 U.S.C. 18023(b) ) is amended— (A) by striking paragraph (2); (B) by striking paragraph (3), as amended by section 202(a); and (C) by redesignating paragraph (4) as paragraph (2). (b) Application to multi-State plans Paragraph (6) of section 1334(a) of Public Law 111–148 ( 42 U.S.C. 18054(a) ) is amended to read as follows: (6) Coverage consistent with federal abortion policy In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides health benefits coverage for which the expenditure of Federal funds is prohibited under chapter 4 of title 1, United States Code. . (c) Effective date The amendments made by subsection (a) shall apply to taxable years ending after December 31, 2014, but only with respect to plan years beginning after such date, and the amendment made by subsection (b) shall apply to plan years beginning after such date. 202. Revision of notice requirements regarding disclosure of extent of health plan coverage of abortion and abortion premium surcharges (a) In general Paragraph (3) of section 1303(b) of Public Law 111–148 ( 42 U.S.C. 18023(b) ) is amended to read as follows: (3) Rules relating to notice (A) In general The extent of coverage (if any) of services described in paragraph (1)(B)(i) or (1)(B)(ii) by a qualified health plan shall be disclosed to enrollees at the time of enrollment in the plan and shall be prominently displayed in any marketing or advertising materials, comparison tools, or summary of benefits and coverage explanation made available with respect to such plan by the issuer of the plan, by an Exchange, or by the Secretary, including information made available through an Internet portal or Exchange under sections 1311(c)(5) and 1311(d)(4)(C). (B) Separate disclosure of abortion surcharges In the case of a qualified health plan that includes the services described in paragraph (1)(B)(i) and where the premium for the plan is disclosed, including in any marketing or advertising materials or any other information referred to in subparagraph (A), the surcharge described in paragraph (2)(B)(i)(II) that is attributable to such services shall also be disclosed and identified separately. . (b) Effective date The amendment made by subsection (a) shall apply to materials, tools, or other information made available more than 30 days after the date of the enactment of this Act.
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113-hr-3933
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I 113th CONGRESS 2d Session H. R. 3933 IN THE HOUSE OF REPRESENTATIVES January 27, 2014 Mr. Collins of New York introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 11 of the United States Code to include firearms in the types of property allowable under the alternative provision for exempting property from the estate.
1. Short title This Act may be cited as the Protecting Gun Owners in Bankruptcy Act of 2014 . 2. Exemptions Section 522 of title 11, the United States Code, is amended— (1) in subsection (d) by adding at the end the following: (13) The debtor's aggregate interest, not to exceed $3,000 in value, in a single firearm or firearms. , and (2) in subsection (f)(4)(A)— (A) in clause (xiv) by striking and at the end, (B) in clause (xv) by striking the period at the end and inserting ; and , and (C) by adding at the end the following: (xvi) The debtor's aggregate interest, not to exceed $3,000 in value, in a single firearm or firearms. . 3. Effective date; application of amendments (a) Effective date Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of amendments The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act.
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113-hr-3934
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I 113th CONGRESS 2d Session H. R. 3934 IN THE HOUSE OF REPRESENTATIVES January 27, 2014 Ms. Gabbard (for herself, Ms. Hanabusa , and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend title 49, United States Code, to exempt certain flights from increased aviation security service fees.
1. Short title This Act may be cited as the Passenger Fee Restructuring Exemptions Act of 2014 . 2. Exceptions to restructuring of passenger fee (a) In general Section 44940(c) of title 49, United States Code, is amended— (1) by striking Fees imposed and inserting the following: (1) In general Except as provided by paragraph (2), fees imposed ; and (2) by adding at the end the following: (2) Exceptions Fees imposed under subsection (a)(1) may not exceed $2.50 per enplanement, and the total amount of such fees may not exceed $5.00 per one-way trip, for passengers— (A) boarding to an eligible place under subchapter II of chapter 417 for which essential air service compensation is paid under that subchapter; or (B) on flights, including flight segments, between 2 or more points in Hawaii or 2 or more points in Alaska. . (b) Conforming amendment Section 601(d) of the Bipartisan Budget Act of 2013 is amended in the matter preceding paragraph (1) by inserting , as modified by the amendments made by section 2 of the Passenger Fee Restructuring Exemptions Act of 2014 after subsection (b) .
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113-hr-3935
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I 113th CONGRESS 2d Session H. R. 3935 IN THE HOUSE OF REPRESENTATIVES January 27, 2014 Mr. Pocan introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Agricultural Marketing Act of 1946 to provide for country of origin labeling for dairy products.
1. Short title This Act may be cited as the Dairy COOL Act of 2014 . 2. Country of origin labeling for dairy products (a) Definitions Section 281 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638 ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) in clause (x), by striking and at the end; (ii) in clause (xi), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (xii) dairy products. ; and (B) in subparagraph (B), by inserting (other than clause (xii) of that subparagraph) after subparagraph (A) ; (2) by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively; and (3) by inserting after paragraph (2) the following: (3) Dairy product The term dairy product means— (A) fluid milk; (B) cheese, including cottage cheese and cream cheese; (C) yogurt; (D) ice cream; (E) butter; and (F) any other dairy product. . (b) Notice of country of origin Section 282(a) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638a(a) ) is amended by adding at the end the following: (5) Designation of country of origin for dairy products (A) In general A retailer of a covered commodity that is a dairy product shall designate the origin of the covered commodity as— (i) each country in which or from which the one or more dairy ingredients or dairy components of the covered commodity were produced, originated, or sourced; and (ii) each country in which the covered commodity was processed. (B) State, region, locality of the United States With respect to a covered commodity that is a dairy product produced exclusively in the United States, designation by a retailer of the State, region, or locality of the United States where the covered commodity was produced shall be sufficient to identify the United States as the country of origin. .
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113-hr-3936
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I 113th CONGRESS 2d Session H. R. 3936 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Van Hollen (for himself and Mr. Levin ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the extension of certain unemployment benefits, and for other purposes.
1. Short title This Act may be cited as the Emergency Unemployment Compensation Extension Act of 2014 . 2. Findings Congress finds the following: (1) Emergency unemployment compensation benefits expired at the end of 2013. (2) 1.3 million unemployed workers and their families immediately lost access to benefits. Thousands more unemployed workers are losing benefits each week. (3) Excluding title IV, which focuses on nutrition, the Agricultural Act of 2014, which has passed the House, generates savings to offset the cost of this Act. If savings are not sufficient, Congress will direct offsets from other legislation to fully offset this Act. (4) Consistent with the statutory pay-as-you-go scorecard and the spirit of House rules that allow savings from one bill to be counted in evaluating language in another paired bill, the savings generated by the Agricultural Act of 2014 (not including title IV) provide an offset for the benefits provided in this Act. 3. Extension of emergency unemployment compensation program (a) Extension Section 4007(a)(2) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking January 1, 2014 and inserting July 1, 2014 . (b) Funding Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended— (1) in subparagraph (I), by striking and at the end; (2) in subparagraph (J), by inserting and at the end; and (3) by inserting after subparagraph (J) the following: (K) the amendments made by section 2(a) of the Emergency Unemployment Compensation Extension Act of 2014 ; . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 4. Temporary extension of extended benefit provisions (a) In general Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 ( 26 U.S.C. 3304 note), is amended— (1) by striking December 31, 2013 each place it appears and inserting June 30, 2014 ; and (2) in subsection (c), by striking June 30, 2014 and inserting December 31, 2014 . (b) Extension of matching for states with no waiting week Section 5 of the Unemployment Compensation Extension Act of 2008 ( Public Law 110–449 ; 26 U.S.C. 3304 note) is amended by striking June 30, 2014 and inserting December 31, 2014 . (c) Extension of modification of indicators under the extended benefit program Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) is amended— (1) in subsection (d), by striking December 31, 2013 and inserting June 30, 2014 ; and (2) in subsection (f)(2), by striking December 31, 2013 and inserting June 30, 2014 . (d) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 5. Extension of funding for reemployment services and reemployment and eligibility assessment activities (a) In general Section 4004(c)(2)(A) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking through fiscal year 2014 and inserting through the second quarter of 2015 . (b) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 6. Additional extended unemployment benefits under the railroad unemployment insurance act (a) Extension Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 352(c)(2)(D)(iii) ) is amended— (1) by striking June 30, 2013 and inserting December 31, 2013 ; and (2) by striking December 31, 2013 and inserting June 30, 2014 . (b) Clarification on authority To use funds Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of enactment of this Act. (c) Funding for administration Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $62,500 for administrative expenses associated with the payment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason of the amendments made by subsection (a), to remain available until expended. 7. Flexibility for unemployment program agreements (a) Flexibility (1) In general Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) shall not apply with respect to a State that has enacted a law before December 1, 2013, that, upon taking effect, would violate such subsection. (2) Effective date Paragraph (1) is effective with respect to weeks of unemployment beginning on or after December 29, 2013. (b) Permitting a subsequent agreement Nothing in such title IV shall preclude a State whose agreement under such title was terminated from entering into a subsequent agreement under such title on or after the date of the enactment of this Act if the State, taking into account the application of subsection (a), would otherwise meet the requirements for an agreement under such title.
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113-hr-3937
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I 113th CONGRESS 2d Session H. R. 3937 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Graves of Missouri (for himself and Mr. Terry ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To evaluate and report on the feasibility and effectiveness of using natural gas as a fuel source in long haul trucks.
1. Statement of policy It is the policy of Congress that our fuel supply needs to be diverse and one method of diversification is the use of natural gas as a fuel source in long haul trucks. 2. Evaluation and report Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall— (1) appoint representatives from the Department of Energy, the Environmental Protection Agency, the Department of Commerce, Members of Congress, State governments, and private sector individuals with expertise in the use of various fuel sources to evaluate the issues described in paragraph (2); and (2) conduct an evaluation and report to Congress on its findings regarding the following: (A) Barriers to transition from diesel fuel to natural gas in long haul trucks. (B) Environmental benefits of using natural gas in long haul trucks. (C) The benefits and drawbacks of using natural gas in long haul trucks. (D) The expected price differential between traditional diesel oems and natural gas oems. (E) Concerns of the participating representatives appointed by the Secretary of using natural gas in long haul trucks. (F) The effect of using natural gas in long haul trucks on the Highway Trust Fund. 3. Definition For purposes of this Act, the term long haul truck means a commercial vehicle with a 26,000 pound or greater gross vehicle weight rating.
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113-hr-3938
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I 113th CONGRESS 2d Session H. R. 3938 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Graves of Missouri (for himself and Mr. Terry ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to designate natural gas fueling corridors in the United States for long haul truck traffic, and for other purposes.
1. Designation of natural gas fueling corridors (a) In general The Secretary of Transportation, in consultation with the Secretary of Energy and affected States, shall designate natural gas fueling corridors in the United States for long haul truck traffic. (b) Designation process In designating natural gas fueling corridors under subsection (a), the Secretary shall— (1) seek to establish an interconnection of natural gas fueling stations across the United States that will serve the highest possible volume of long haul truck traffic; (2) take into consideration the location of existing natural gas fueling stations, with the goal of having natural gas fueling stations located not greater than 200 miles apart in such corridors; and (3) provide public notice and an opportunity for comment. (c) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report containing a description of the natural gas fueling corridors designated under subsection (a), together with an explanation for the selection of the corridors.
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113-hr-3939
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I 113th CONGRESS 2d Session H. R. 3939 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Neal introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Transportation and Infrastructure and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to jumpstart the sluggish economy, finance critical infrastructure investments, fight income inequality and create jobs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Invest in United States Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—American Infrastructure Financing Authority Sec. 101. Findings and purpose. Sec. 102. Definitions. Subtitle A—American Infrastructure Financing Authority Sec. 111. Establishment and general authority of AIFA. Sec. 112. Voting members of the Board of Directors. Sec. 113. Chief Executive Officer of AIFA. Sec. 114. Powers and duties of the Board of Directors. Sec. 115. Senior management. Sec. 116. Special Inspector General for AIFA. Sec. 117. Other personnel. Sec. 118. Compliance. Subtitle B—Terms and limitations on direct loans and loan guarantees Sec. 121. Eligibility criteria for assistance from AIFA and terms and limitations of loans. Sec. 122. Loan terms and repayment. Sec. 123. Compliance and enforcement. Sec. 124. Audits; reports to the President and Congress. Subtitle C—Funding of AIFA Sec. 131. Fees. Sec. 132. Self-sufficiency of AIFA. Sec. 133. Funding. Sec. 134. Contract authority. Title II—Tax credit extensions Sec. 201. Permanent extension of new markets tax credit. Sec. 202. Build America Bonds made permanent. Sec. 203. Permanent extension of research credit; increase in alternative simplified research credit. Sec. 204. Exempt-facility bonds for sewage and water supply facilities. Sec. 205. Repeal of alternative minimum tax on private activity bonds. Title III—Skills Training Sec. 301. Job training tax credit. Sec. 302. Qualified Job Training Partnerships credit. Title IV—Trade provisions Sec. 401. Findings; sense of Congress on applicability of trade authorities procedures to a bill implementing a trade and investment agreement with the European Union. Sec. 402. Extension of trade adjustment assistance program. Title V—Minimum Wage Increase and Business Tax Relief Sec. 501. Minimum wage increases. Sec. 502. Work Opportunity Credit made permanent. Sec. 503. Increased expensing limitations and treatment of certain real property as section 179 property made permanent. Sec. 504. Permanent extension of treatment of qualified leasehold improvement property, qualified restaurant property, and qualified retail improvement property as 15-year property for purposes of depreciation deduction. I American Infrastructure Financing Authority 101. Findings and purpose (a) Findings Congress finds that— (1) infrastructure has always been a vital element of the economic strength of the United States and a key indicator of the international leadership of the United States; (2) the Erie Canal, the Hoover Dam, the railroads, and the interstate highway system are all testaments to American ingenuity and have helped propel and maintain the United States as the world’s largest economy; (3) according to the World Economic Forum’s Global Competitiveness Report, the United States fell to second place in 2009, and dropped to fourth place overall in 2010, however, in the Quality of overall infrastructure category of the same report, the United States ranked twenty-third in the world; (4) according to the World Bank’s 2010 Logistic Performance Index, the capacity of countries to efficiently move goods and connect manufacturers and consumers with international markets is improving around the world, and the United States now ranks seventh in the world in logistics-related infrastructure behind countries from both Europe and Asia; (5) according to a January 2009 report from the University of Massachusetts/Alliance for American Manufacturing entitled Employment, Productivity and Growth, infrastructure investment is a highly effective engine of job creation such that $1,000,000,000 in new investment in infrastructure results in 18,000 total jobs; (6) according to the American Society of Civil Engineers, the current condition of the infrastructure in the United States earns a grade point average of D, and an estimated $2,200,000,000,000 investment is needed over the next 5 years to bring American infrastructure up to adequate condition; (7) according to the National Surface Transportation Policy and Revenue Study Commission, $225,000,000,000 is needed annually from all sources for the next 50 years to upgrade the United States surface transportation system to a state of good repair and create a more advanced system; (8) the current infrastructure financing mechanisms of the United States, both on the Federal and State level, will fail to meet current and foreseeable demands and will create large funding gaps; (9) traditional municipal bonds issued by State and local governments are proven to work and have been a part of the tax code for over 100 years, and additional infrastructure financing options can be created at the Federal level to complement the current system to best meet infrastructure needs; (10) new, additional financing mechanisms should be targeted and quickly implemented to— (A) serve large in-State or cross jurisdiction infrastructure projects, projects of regional or national significance, or projects that cross sector silos; (B) sufficiently catalyze private sector investment; or (C) ensure the optimal return on public resources; (11) although grant programs of the United States Government must continue to play a central role in financing the transportation, environment, and energy infrastructure needs of the United States, current and foreseeable demands on existing Federal, State, and local funding for infrastructure expansion clearly exceed the resources to support these programs by margins wide enough to prompt serious concerns about the United States ability to sustain long-term economic development, productivity, and international competitiveness; (12) the capital markets, including pension funds, private equity funds, mutual funds, sovereign wealth funds, and other investors, have a growing interest in infrastructure investment and represent hundreds of billions of dollars of potential investment; and (13) the establishment of a United States Government-owned, independent, professionally managed institution that could provide credit support to qualified infrastructure projects of regional and national significance, making transparent merit-based investment decisions based on the commercial viability of infrastructure projects, would catalyze the participation of significant private investment capital. (b) Purpose The purpose of this title is to facilitate investment in, and long-term financing of, economically viable infrastructure projects of regional or national significance in a manner that both complements existing Federal, State, local, and private funding sources for these projects and introduces a merit-based system for financing such projects, in order to mobilize significant private sector investment, create jobs, and ensure United States competitiveness through a self-sustaining institution that limits the need for ongoing Federal funding. 102. Definitions For purposes of this title, the following definitions shall apply: (1) AIFA The term AIFA means the American Infrastructure Financing Authority established under this title. (2) Blind trust The term blind trust means a trust in which the beneficiary has no knowledge of the specific holdings and no rights over how those holdings are managed by the fiduciary of the trust prior to the dissolution of the trust. (3) Board of Directors The term Board of Directors means Board of Directors of AIFA. (4) Chairperson The term Chairperson means the Chairperson of the Board of Directors of AIFA. (5) Chief Executive Officer The term Chief Executive Officer means the Chief Executive Officer of AIFA, appointed under section 113. (6) Cost The term cost has the same meaning as in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (7) Direct loan The term direct loan has the same meaning as in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (8) Eligible entity The term eligible entity means an individual, corporation, partnership (including a public-private partnership), joint venture, trust, State, or other governmental entity, including a political subdivision or any other instrumentality of a State, or a revolving fund. (9) Infrastructure project (A) In general The term eligible infrastructure project means any transportation, water, or energy infrastructure project, or an aggregation of such infrastructure projects, as provided in this title. (B) Transportation infrastructure project The term transportation infrastructure project means the construction, alteration, or repair, including the facilitation of intermodal transit, of the following subsectors: (i) Highway or road. (ii) Bridge. (iii) Mass transit. (iv) Inland waterways. (v) Commercial ports. (vi) Airports. (vii) Air traffic control systems. (viii) Passenger rail, including high-speed rail. (ix) Freight rail systems. (C) Water infrastructure project The term water infrastructure project means the construction, consolidation, alteration, or repair of the following subsectors: (i) Water waste treatment facility. (ii) Storm water management system. (iii) Dam. (iv) Solid waste disposal facility. (v) Levee. (vi) Open space management system. (D) Energy infrastructure project The term energy infrastructure project means the construction, alteration, or repair of the following subsectors: (i) Pollution reduced energy generation. (ii) Transmission and distribution. (iii) Storage. (iv) Energy efficiency enhancements for buildings, including public and commercial buildings. (E) Board authority to modify subsectors The Board of Directors may make modifications, at the discretion of the Board, to the subsectors described in this paragraph by a vote of not fewer than 5 of the voting members of the Board of Directors. (10) Investment-grade rating The term investment-grade rating means a rating of BBB minus, Baa3, or higher assigned to an infrastructure project by a ratings agency. (11) Loan guarantee The term loan guarantee has the same meaning as in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (12) Public-private partnership The term public-private partnership means any eligible entity— (A) (i) which is undertaking the development of all or part of an infrastructure project that will have a public benefit, pursuant to requirements established in one or more contracts between the entity and a State or an instrumentality of a State; or (ii) the activities of which, with respect to such an infrastructure project, are subject to regulation by a State or any instrumentality of a State; (B) which owns, leases, or operates or will own, lease, or operate, the project in whole or in part; and (C) the participants in which include not fewer than 1 nongovernmental entity with significant investment and some control over the project or project vehicle. (13) Rural infrastructure project The term rural infrastructure project means an infrastructure project in a rural area, as that term is defined in section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13)(A) ). (14) Secretary Unless the context otherwise requires, the term Secretary means the Secretary of the Treasury or the designee thereof. (15) Senior management The term senior management means the Chief Financial Officer, Chief Risk Officer, Chief Compliance Officer, General Counsel, Chief Lending Officer, and Chief Operations Officer of AIFA established under section 115, and such other officers as the Board of Directors may, by majority vote, add to senior management. (16) State The term State includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of Northern Mariana Islands, and any other territory of the United States. A American Infrastructure Financing Authority 111. Establishment and general authority of AIFA (a) Establishment of AIFA The American Infrastructure Financing Authority is established as a wholly owned Government corporation. (b) General authority of AIFA AIFA shall provide direct loans and loan guarantees to facilitate infrastructure projects that are both economically viable and of regional or national significance, and shall have such other authority as is provided under this title. (c) Incorporation (1) In general The Board of Directors first appointed shall be deemed the incorporator of AIFA, and the incorporation shall be held to have been effected from the date of the first meeting of the Board of Directors. (2) Corporate office AIFA shall— (A) maintain an office in Washington, DC; and (B) for purposes of venue in civil actions, be considered to be a resident of Washington, DC. (d) Responsibility of the Secretary The Secretary shall take such actions as may be necessary to assist in implementing AIFA, and in carrying out the purpose of this title. (e) Rule of Construction Chapter 91 of title 31, United States Code, does not apply to AIFA, unless otherwise specifically provided in this title. 112. Voting members of the Board of Directors (a) Voting Membership of the board of directors (1) In general AIFA shall have a Board of Directors consisting of 7 voting members appointed by the President, by and with the advice and consent of the Senate, not more than 4 of whom shall be from the same political party. (2) Chairperson One of the voting members of the Board of Directors shall be designated by the President to serve as Chairperson thereof. (3) Congressional recommendations Not later than 30 days after the date of enactment of this Act, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall each submit a recommendation to the President for appointment of a member of the Board of Directors, after consultation with the appropriate committees of Congress. (b) Voting rights Each voting member of the Board of Directors shall have an equal vote in all decisions of the Board of Directors. (c) Qualifications of voting members Each voting member of the Board of Directors shall— (1) be a citizen of the United States; and (2) have significant demonstrated expertise in— (A) the management and administration of a financial institution relevant to the operation of AIFA; or (B) the financing, development, or operation of infrastructure projects. (d) Terms (1) In general Except as otherwise provided in this title, each voting member of the Board of Directors shall be appointed for a term of 4 years. (2) Initial staggered terms Of the voting members first appointed to the Board of Directors— (A) the initial Chairperson and 3 of the other voting members shall each be appointed for a term of 4 years; and (B) the remaining 3 voting members shall each be appointed for a term of 2 years. (3) Date of initial nominations The initial nominations for the appointment of all voting members of the Board of Directors shall be made not later than 60 days after the date of enactment of this Act. (4) Beginning of term The term of each of the initial voting members appointed under this section shall commence immediately upon the date of appointment, except that, for purposes of calculating the term limits specified in this subsection, the initial terms shall each be construed as beginning on January 22 of the year following the date of the initial appointment. (5) Vacancies A vacancy in the position of a voting member of the Board of Directors shall be filled by the President, and a member appointed to fill a vacancy on the Board of Directors occurring before the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of that term. (e) Meetings (1) Open to the public; notice Except as provided in paragraph (3), all meetings of the Board of Directors shall be— (A) open to the public; and (B) preceded by reasonable public notice. (2) Frequency The Board of Directors shall meet not later than 60 days after the date on which all members of the Board of Directors are first appointed, at least quarterly thereafter, and otherwise at the call of either the Chairperson or 5 voting members of the Board of Directors. (3) Exception for closed meetings The voting members of the Board of Directors may, by majority vote, close a meeting to the public if, during the meeting to be closed, there is likely to be disclosed proprietary or sensitive information regarding an infrastructure project under consideration for assistance under this title. The Board of Directors shall prepare minutes of any meeting that is closed to the public, and shall make such minutes available as soon as practicable, not later than 1 year after the date of the closed meeting, with any necessary redactions to protect any proprietary or sensitive information. (4) Quorum For purposes of meetings of the Board of Directors, 5 voting members of the Board of Directors shall constitute a quorum. (f) Compensation of members Each voting member of the Board of Directors shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board of Directors. (g) Conflicts of interest A voting member of the Board of Directors may not participate in any review or decision affecting an infrastructure project under consideration for assistance under this title, if the member has or is affiliated with an entity who has a financial interest in such project. 113. Chief Executive Officer of AIFA (a) In general The Chief Executive Officer of AIFA shall be a nonvoting member of the Board of Directors, who shall be responsible for all activities of AIFA, and shall support the Board of Directors as set forth in this title and as the Board of Directors deems necessary or appropriate. (b) Appointment and tenure of the Chief Executive Officer (1) In general The President shall appoint the Chief Executive Officer, by and with the advice and consent of the Senate. (2) Term The Chief Executive Officer shall be appointed for a term of 6 years. (3) Vacancies Any vacancy in the office of the Chief Executive Officer shall be filled by the President, and the person appointed to fill a vacancy in that position occurring before the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of that term. (c) Qualifications The Chief Executive Officer— (1) shall have significant expertise in management and administration of a financial institution, or significant expertise in the financing and development of infrastructure projects; and (2) may not— (A) hold any other public office; (B) have any financial interest in an infrastructure project then being considered by the Board of Directors, unless that interest is placed in a blind trust; or (C) have any financial interest in an investment institution or its affiliates or any other entity seeking or likely to seek financial assistance for any infrastructure project from AIFA, unless any such interest is placed in a blind trust for the tenure of the service of the Chief Executive Officer plus 2 additional years. (d) Responsibilities The Chief Executive Officer shall have such executive functions, powers, and duties as may be prescribed by this title, the bylaws of AIFA, or the Board of Directors, including— (1) responsibility for the development and implementation of the strategy of AIFA, including— (A) the development and submission to the Board of Directors of the annual business plans and budget; (B) the development and submission to the Board of Directors of a long-term strategic plan; and (C) the development, revision, and submission to the Board of Directors of internal policies; and (2) responsibility for the management and oversight of the daily activities, decisions, operations, and personnel of AIFA, including— (A) the appointment of senior management, subject to approval by the voting members of the Board of Directors, and the hiring and termination of all other AIFA personnel; (B) requesting the detail, on a reimbursable basis, of personnel from any Federal agency having specific expertise not available from within AIFA, following which request the head of the Federal agency may detail, on a reimbursable basis, any personnel of such agency reasonably requested by the Chief Executive Officer; (C) assessing and recommending in the first instance, for ultimate approval or disapproval by the Board of Directors, compensation and adjustments to compensation of senior management and other personnel of AIFA as may be necessary for carrying out the functions of AIFA; (D) ensuring, in conjunction with the general counsel of AIFA, that all activities of AIFA are carried out in compliance with applicable law; (E) overseeing the involvement of AIFA in all projects, including— (i) developing eligible projects for AIFA financial assistance; (ii) determining the terms and conditions of all financial assistance packages; (iii) monitoring all infrastructure projects assisted by AIFA, including responsibility for ensuring that the proceeds of any loan made, guaranteed, or participated in are used only for the purposes for which the loan or guarantee was made; (iv) preparing and submitting for approval by the Board of Directors the documents required under paragraph (1); and (v) ensuring the implementation of decisions of the Board of Directors; and (F) such other activities as may be necessary or appropriate in carrying out this title. (e) Compensation (1) In general Any compensation assessment or recommendation by the Chief Executive Officer under this section shall be without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5, United States Code. (2) Considerations The compensation assessment or recommendation required under this subsection shall take into account merit principles, where applicable, as well as the education, experience, level of responsibility, geographic differences, and retention and recruitment needs in determining compensation of personnel. 114. Powers and duties of the Board of Directors The Board of Directors shall— (1) as soon as is practicable after the date on which all members are appointed, approve or disapprove senior management appointed by the Chief Executive Officer; (2) not later than 180 days after the date on which all members are appointed— (A) develop and approve the bylaws of AIFA, including bylaws for the regulation of the affairs and conduct of the business of AIFA, consistent with the purpose, goals, objectives, and policies set forth in this title; (B) establish subcommittees, including an audit committee that is composed solely of members of the Board of Directors who are independent of the senior management of AIFA; (C) develop and approve, in consultation with senior management, a conflict-of-interest policy for the Board of Directors and for senior management; (D) approve or disapprove internal policies that the Chief Executive Officer shall submit to the Board of Directors, including— (i) policies regarding the loan application and approval process, including— (I) disclosure and application procedures to be followed by entities in the course of nominating infrastructure projects for assistance under this title; (II) guidelines for the selection and approval of projects; (III) specific criteria for determining eligibility for project selection, consistent with subtitle B; and (IV) standardized terms and conditions, fee schedules, or legal requirements of a contract or program, so as to carry out this title; and (ii) operational guidelines; and (E) approve or disapprove a 1-year business plan and budget for AIFA; (3) ensure that AIFA is at all times operated in a manner that is consistent with this title, by— (A) monitoring and assessing the effectiveness of AIFA in achieving its strategic goals; (B) periodically reviewing internal policies; (C) reviewing and approving annual business plans, annual budgets, and long-term strategies submitted by the Chief Executive Officer; (D) reviewing and approving annual reports submitted by the Chief Executive Officer; (E) engaging one or more external auditors, as set forth in this title; and (F) reviewing and approving all changes to the organization of senior management; (4) appoint and fix, by a vote of not fewer than 5 voting members of the Board of Directors, and without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5, United Sates Code, the compensation and adjustments to compensation of all AIFA personnel, provided that in appointing and fixing any compensation or adjustments to compensation under this paragraph, the Board shall— (A) consult with, and seek to maintain comparability with, other comparable Federal personnel, as the Secretary may deem appropriate; (B) consult with the Office of Personnel Management; and (C) carry out such duties consistent with merit principles, where applicable, as well as the education, experience, level of responsibility, geographic differences, and retention and recruitment needs in determining compensation of personnel; (5) establish such other criteria, requirements, or procedures as the Board of Directors may consider to be appropriate in carrying out this title; (6) serve as the primary liaison for AIFA in interactions with Congress, the Executive Branch, and State and local governments, and to represent the interests of AIFA in such interactions and others; (7) approve by a vote of not fewer than 5 voting members of the Board of Directors any changes to the bylaws or internal policies of AIFA; (8) have the authority and responsibility— (A) to oversee entering into and carry out such contracts, leases, cooperative agreements, or other transactions as are necessary to carry out this title with— (i) any Federal department or agency; (ii) any State, territory, or possession (or any political subdivision thereof, including State infrastructure banks) of the United States; and (iii) any individual, public-private partnership, firm, association, or corporation; (B) to approve of the acquisition, lease, pledge, exchange, and disposal of real and personal property by AIFA and otherwise approve the exercise by AIFA of all of the usual incidents of ownership of property, to the extent that the exercise of such powers is appropriate to and consistent with the purposes of AIFA; (C) to determine the character of, and the necessity for, the obligations and expenditures of AIFA, and the manner in which the obligations and expenditures will be incurred, allowed, and paid, subject to this title and other Federal law specifically applicable to wholly owned Federal corporations; (D) to execute, in accordance with applicable bylaws and regulations, appropriate instruments; (E) to approve other forms of credit enhancement that AIFA may provide to eligible projects, as long as the forms of credit enhancements are consistent with the purposes of this title and terms set forth in subtitle B; (F) to exercise all other lawful powers that are necessary or appropriate to carry out, and are consistent with, the purposes of AIFA; (G) to sue or be sued in the corporate capacity of AIFA in any court of competent jurisdiction; (H) to indemnify the members of the Board of Directors and officers of AIFA for any liabilities arising out of the actions of the members and officers in such capacity, in accordance with, and subject to the limitations contained in this title; (I) to review all financial assistance packages to all eligible infrastructure projects, as submitted by the Chief Executive Officer and to approve, postpone, or deny the same by majority vote; (J) to review all restructuring proposals submitted by the Chief Executive Officer, including assignation, pledging, or disposal of the interest of AIFA in a project, including payment or income from any interest owned or held by AIFA, and to approve, postpone, or deny the same by majority vote; and (K) to enter into binding commitments, as specified in approved financial assistance packages; (9) delegate to the Chief Executive Officer those duties that the Board of Directors deems appropriate, to better carry out the powers and purposes of the Board of Directors under this section; and (10) to approve a maximum aggregate amount of principal exposure of AIFA at any given time. 115. Senior management (a) In general Senior management shall support the Chief Executive Officer in the discharge of the responsibilities of the Chief Executive Officer. (b) Appointment of senior management The Chief Executive Officer shall appoint such senior managers as are necessary to carry out the purpose of AIFA, as approved by a majority vote of the voting members of the Board of Directors. (c) Term Each member of senior management shall serve at the pleasure of the Chief Executive Officer and the Board of Directors. (d) Removal of senior management Any member of senior management may be removed, either by a majority of the voting members of the Board of Directors upon request by the Chief Executive Officer, or otherwise by vote of not fewer than 5 voting members of the Board of Directors. (e) Senior management (1) In general Each member of senior management shall report directly to the Chief Executive Officer, other than the Chief Risk Officer, who shall report directly to the Board of Directors. (2) Duties and responsibilities (A) Chief financial officer The Chief Financial Officer shall be responsible for all financial functions of AIFA, provided that, at the discretion of the Board of Directors, specific functions of the Chief Financial Officer may be delegated externally. (B) Chief risk officer The Chief Risk Officer shall be responsible for all functions of AIFA relating to— (i) the creation of financial, credit, and operational risk management guidelines and policies; (ii) the establishment of guidelines to ensure diversification of lending activities by region, infrastructure project type, and project size; (iii) the creation of conforming standards for infrastructure finance agreements; (iv) the monitoring of the financial, credit, and operational exposure of AIFA; and (v) risk management and mitigation actions, including by reporting such actions, or recommendations of such actions to be taken, directly to the Board of Directors. (C) Chief compliance officer The Chief Compliance Officer shall be responsible for all functions of AIFA relating to internal audits, accounting safeguards, and the enforcement of such safeguards and other applicable requirements. (D) General counsel The General Counsel shall be responsible for all functions of AIFA relating to legal matters and, in consultation with the Chief Executive Officer, shall be responsible for ensuring that AIFA complies with all applicable law. (E) Chief operations officer The Chief Operations Officer shall be responsible for all operational functions of AIFA, including those relating to the continuing operations and performance of all infrastructure projects in which AIFA retains an interest and for all AIFA functions related to human resources. (F) Chief lending officer The Chief Lending Officer shall be responsible for— (i) all functions of AIFA relating to the development of project pipeline, financial structuring of projects, credit analysis of infrastructure projects, selection of infrastructure projects to be reviewed by the Board of Directors, preparation of infrastructure projects to be presented to the Board of Directors, and set aside for rural infrastructure projects; and (ii) the creation and management of— (I) a Center for Excellence to provide technical assistance to public sector borrowers in the development and financing of infrastructure projects; and (II) an Office of Rural Assistance to provide technical assistance in the development and financing of rural infrastructure projects. (f) Changes to senior management The Board of Directors, in consultation with the Chief Executive Officer, may alter the structure of the senior management of AIFA at any time to better accomplish the goals, objectives, and purposes of AIFA, provided that the functions of the Chief Financial Officer set forth in subsection (e) remain separate from the functions of the Chief Risk Officer set forth in subsection (e). (g) Conflicts of interest No individual appointed to senior management may— (1) hold any other public office; (2) have any financial interest in an infrastructure project then being considered by the Board of Directors, unless that interest is placed in a blind trust; or (3) have any financial interest in an investment institution or its affiliates, AIFA or its affiliates, or other entity then seeking or likely to seek financial assistance for any infrastructure project from AIFA, unless any such interest is placed in a blind trust during the term of service of that individual in a senior management position, and for a period of 2 years thereafter. 116. Special Inspector General for AIFA (a) In general During the first 5 operating years of AIFA, the Office of the Inspector General of the Department of the Treasury shall have responsibility for AIFA. (b) Office of the Special Inspector General Effective 5 years after the date of enactment of the commencement of the operations of AIFA, there is established the Office of the Special Inspector General for AIFA. (c) Appointment of Inspector General; removal (1) Head of Office The head of the Office of the Special Inspector General for AIFA shall be the Special Inspector General for AIFA (in this title referred to as the Special Inspector General ), who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Basis of appointment The appointment of the Special Inspector General shall be made on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (3) Timing of nomination The nomination of an individual as Special Inspector General shall be made as soon as is practicable after the effective date under subsection (b). (4) Removal The Special Inspector General shall be removable from office in accordance with the provisions of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.). (5) Rule of construction For purposes of section 7324 of title 5, United States Code, the Special Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law. (6) Rate of pay The annual rate of basic pay of the Special Inspector General shall be the annual rate of basic pay for an Inspector General under section 3(e) of the Inspector General Act of 1978 (5 U.S.C. App.). (d) Duties (1) In general It shall be the duty of the Special Inspector General to conduct, supervise, and coordinate audits and investigations of the business activities of AIFA. (2) Other systems, procedures, and controls The Special Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Special Inspector General considers appropriate to discharge the duty under paragraph (1). (3) Additional duties In addition to the duties specified in paragraphs (1) and (2), the Inspector General shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978. (e) Powers and authorities (1) In general In carrying out the duties specified in subsection (c), the Special Inspector General shall have the authorities provided in section 6 of the Inspector General Act of 1978. (2) Additional authority The Special Inspector General shall carry out the duties specified in subsection (c)(1) in accordance with section 4(b)(1) of the Inspector General Act of 1978. (f) Personnel, facilities, and other resources (1) Additional officers (A) The Special Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Special Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (B) The Special Inspector General may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of that section). (2) Retention of services The Special Inspector General may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule by section 5332 of such title. (3) Ability to contract for audits, studies, and other services The Special Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Special Inspector General. (4) Request for information (A) In general Upon request of the Special Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Special Inspector General, or an authorized designee. (B) Refusal to comply Whenever information or assistance requested by the Special Inspector General is, in the judgment of the Special Inspector General, unreasonably refused or not provided, the Special Inspector General shall report the circumstances to the Secretary of the Treasury, without delay. (g) Reports (1) Annual report Not later than 1 year after the confirmation of the Special Inspector General, and every calendar year thereafter, the Special Inspector General shall submit to the President a report summarizing the activities of the Special Inspector General during the previous 1-year period ending on the date of such report. (2) Public disclosures Nothing in this subsection shall be construed to authorize the public disclosure of information that is— (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. 117. Other personnel Except as otherwise provided in the bylaws of AIFA, the Chief Executive Officer, in consultation with the Board of Directors, shall appoint, remove, and define the duties of such qualified personnel as are necessary to carry out the powers, duties, and purpose of AIFA, other than senior management, who shall be appointed in accordance with section 124. 118. Compliance The provision of assistance by the Board of Directors pursuant to this title shall not be construed as superseding any provision of State law or regulation otherwise applicable to an infrastructure project. B Terms and limitations on direct loans and loan guarantees 121. Eligibility criteria for assistance from AIFA and terms and limitations of loans (a) In general Any project whose use or purpose is private and for which no public benefit is created shall not be eligible for financial assistance from AIFA under this title. Financial assistance under this title shall only be made available if the applicant for such assistance has demonstrated to the satisfaction of the Board of Directors that the infrastructure project for which such assistance is being sought— (1) is not for the refinancing of an existing infrastructure project; and (2) meets— (A) any pertinent requirements set forth in this title; (B) any criteria established by the Board of Directors or Chief Executive Officer in accordance with this title; and (C) the definition of a transportation infrastructure project, water infrastructure project, or energy infrastructure project. (b) Considerations The criteria established by the Board of Directors pursuant to this title shall provide adequate consideration of— (1) the economic, financial, technical, environmental, and public benefits and costs of each infrastructure project under consideration for financial assistance under this title, prioritizing infrastructure projects that— (A) contribute to regional or national economic growth; (B) offer value for money to taxpayers; (C) demonstrate a clear public benefit; (D) lead to job creation; and (E) mitigate environmental concerns; (2) the means by which development of the infrastructure project under consideration is being financed, including— (A) the terms, conditions, and structure of the proposed financing; (B) the credit worthiness and standing of the project sponsors, providers of equity, and cofinanciers; (C) the financial assumptions and projections on which the infrastructure project is based; and (D) whether there is sufficient State or municipal political support for the successful completion of the infrastructure project; (3) the likelihood that the provision of assistance by AIFA will cause such development to proceed more promptly and with lower costs for financing than would be the case without such assistance; (4) the extent to which the provision of assistance by AIFA maximizes the level of private investment in the infrastructure project or supports a public-private partnership, while providing a significant public benefit; (5) the extent to which the provision of assistance by AIFA can mobilize the participation of other financing partners in the infrastructure project; (6) the technical and operational viability of the infrastructure project; (7) the proportion of financial assistance from AIFA; (8) the geographic location of the project in an effort to have geographic diversity of projects funded by AIFA; (9) the size of the project and its impact on the resources of AIFA; and (10) the infrastructure sector of the project, in an effort to have projects from more than one sector funded by AIFA. (c) Application (1) In general Any eligible entity seeking assistance from AIFA under this title for an eligible infrastructure project shall submit an application to AIFA at such time, in such manner, and containing such information as the Board of Directors or the Chief Executive Officer may require. (2) Review of applications AIFA shall review applications for assistance under this title on an ongoing basis. The Chief Executive Officer, working with the senior management, shall prepare eligible infrastructure projects for review and approval by the Board of Directors. (3) Dedicated revenue sources The Federal credit instrument shall be repayable, in whole or in part, from tolls, user fees, or other dedicated revenue sources that also secure the infrastructure project obligations. (d) Eligible infrastructure project costs (1) In general Except as provided in paragraph (2), to be eligible for assistance under this title, an infrastructure project shall have project costs that are reasonably anticipated to equal or exceed $100,000,000. (2) Rural infrastructure projects To be eligible for assistance under this title, a rural infrastructure project shall have project costs that are reasonably anticipated to equal or exceed $25,000,000. (e) Loan eligibility and maximum amounts (1) In general The amount of a direct loan or loan guarantee under this title shall not exceed the lesser of 50 percent of the reasonably anticipated eligible infrastructure project costs or, if the direct loan or loan guarantee does not receive an investment grade rating, the amount of the senior project obligations. (2) Maximum annual loan and loan guarantee volume The aggregate amount of direct loans and loan guarantees made by AIFA in any single fiscal year may not exceed— (A) during the first 2 fiscal years of the operations of AIFA, $10,000,000,000; (B) during fiscal years 3 through 9 of the operations of AIFA, $20,000,000,000; or (C) during any fiscal year thereafter, $50,000,000,000. (f) State and local permits required The provision of assistance by the Board of Directors pursuant to this title shall not be deemed to relieve any recipient of such assistance, or the related infrastructure project, of any obligation to obtain required State and local permits and approvals. 122. Loan terms and repayment (a) In general A direct loan or loan guarantee under this title with respect to an eligible infrastructure project shall be on such terms, subject to such conditions, and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Chief Executive Officer determines appropriate. (b) Terms A direct loan or loan guarantee under this title— (1) shall— (A) be payable, in whole or in part, from tolls, user fees, or other dedicated revenue sources that also secure the senior project obligations (such as availability payments and dedicated State or local revenues); and (B) include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and (2) may have a lien on revenues described in paragraph (1), subject to any lien securing project obligations. (c) Base interest rate The base interest rate on a direct loan under this title shall be not less than the yield on United States Treasury obligations of a similar maturity to the maturity of the direct loan on the date of execution of the loan agreement. (d) Risk assessment Before entering into an agreement for assistance under this title, the Chief Executive Officer, in consultation with the Director of the Office of Management and Budget and each rating agency providing a preliminary rating opinion letter under this section, shall determine an appropriate Federal credit subsidy amount for each direct loan and loan guarantee, taking into account such letter, as well as any comparable market rates available for such a loan or loan guarantee, should any exist. (e) Credit fee With respect to each agreement for assistance under this title, the Chief Executive Officer shall charge a credit fee to the recipient of such assistance to pay for, over time, all or a portion of the Federal credit subsidy determined under subsection (d), with the remainder paid by the account established for AIFA. In the case of a direct loan, such credit fee shall be in addition to the base interest rate established under subsection (c). (f) Maturity date The final maturity date of a direct loan or loan guaranteed by AIFA under this title shall be not later than 35 years after the date of substantial completion of the infrastructure project, as determined by the Chief Executive Officer. (g) Preliminary rating opinion letter (1) In general The Chief Executive Officer shall require each applicant for assistance under this title to provide a preliminary rating opinion letter from at least 1 ratings agency, indicating that the senior obligations of the infrastructure project, which may be the Federal credit instrument, have the potential to achieve an investment-grade rating. (2) Rural infrastructure projects With respect to a rural infrastructure project, a rating agency opinion letter described in paragraph (1) shall not be required, except that the loan or loan guarantee shall receive an internal rating score, using methods similar to the ratings agencies generated by AIFA, measuring the proposed direct loan or loan guarantee against comparable direct loans or loan guarantees of similar credit quality in a similar sector. (h) Investment-Grade rating requirement (1) Loans and loan guarantees The execution of a direct loan or loan guarantee under this title shall be contingent on the senior obligations of the infrastructure project receiving an investment-grade rating. (2) Rating of AIFA overall portfolio The average rating of the overall portfolio of AIFA shall be not less than investment grade after 5 years of operation. (i) Terms and Repayment of direct loans (1) Schedule The Chief Executive Officer shall establish a repayment schedule for each direct loan under this title, based on the projected cash flow from infrastructure project revenues and other repayment sources. (2) Commencement Scheduled loan repayments of principal or interest on a direct loan under this title shall commence not later than 5 years after the date of substantial completion of the infrastructure project, as determined by the Chief Executive Officer of AIFA. (3) Deferred payments of direct loans (A) Authorization If, at any time after the date of substantial completion of an infrastructure project assisted under this title, the infrastructure project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the direct loan under this title, the Chief Executive Officer may allow the obligor to add unpaid principal and interest to the outstanding balance of the direct loan, if the result would benefit the taxpayer. (B) Interest Any payment deferred under subparagraph (A) shall— (i) continue to accrue interest, in accordance with the terms of the obligation, until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the loan. (C) Criteria (i) In general Any payment deferral under subparagraph (A) shall be contingent on the infrastructure project meeting criteria established by the Board of Directors. (ii) Repayment standards The criteria established under clause (i) shall include standards for reasonable assurance of repayment. (4) Prepayment of direct loans (A) Use of excess revenues Any excess revenues that remain after satisfying scheduled debt service requirements on the infrastructure project obligations and direct loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations under this title may be applied annually to prepay the direct loan, without penalty. (B) Use of proceeds of refinancing A direct loan under this title may be prepaid at any time, without penalty, from the proceeds of refinancing from non-Federal funding sources. (5) Sale of direct loans (A) In general As soon as is practicable after substantial completion of an infrastructure project assisted under this title, and after notifying the obligor, the Chief Executive Officer may sell to another entity, or reoffer into the capital markets, a direct loan for the infrastructure project, if the Chief Executive Officer determines that the sale or reoffering can be made on favorable terms for the taxpayer. (B) Consent of obligor In making a sale or reoffering under subparagraph (A), the Chief Executive Officer may not change the original terms and conditions of the direct loan, without the written consent of the obligor. (j) Loan guarantees (1) Terms The terms of a loan guaranteed by AIFA under this title shall be consistent with the terms set forth in this section for a direct loan, except that the rate on the guaranteed loan and any payment, pre-payment, or refinancing features shall be negotiated between the obligor and the lender, with the consent of the Chief Executive Officer. (2) Guaranteed lender A guaranteed lender shall be limited to those lenders meeting the definition of that term in section 601(a) of title 23, United States Code. (k) Compliance with FCRA (1) In general Except as provided in paragraph (2), direct loans and loan guarantees authorized by this title shall be subject to the provisions of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ). (2) Exception Section 504(b) of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661c(b) ) shall not apply to a loan or loan guarantee under this title. 123. Compliance and enforcement (a) Credit agreement Notwithstanding any other provision of law, each eligible entity that receives assistance under this title from AIFA shall enter into a credit agreement that requires such entity to comply with all applicable policies and procedures of AIFA, in addition to all other provisions of the loan agreement. (b) AIFA authority on noncompliance In any case in which a recipient of assistance under this title is materially out of compliance with the loan agreement, or any applicable policy or procedure of AIFA, the Board of Directors may take action to cancel unutilized loan amounts, or to accelerate the repayment terms of any outstanding obligation. 124. Audits; reports to the President and Congress (a) Accounting The books of account of AIFA shall be maintained in accordance with generally accepted accounting principles, and shall be subject to an annual audit by independent public accountants of nationally recognized standing appointed by the Board of Directors. (b) Reports (1) Board of Directors Not later than 90 days after the last day of each fiscal year, the Board of Directors shall submit to the President and Congress a complete and detailed report with respect to the preceding fiscal year, setting forth— (A) a summary of the operations of AIFA, for such fiscal year; (B) a schedule of the obligations of AIFA and capital securities outstanding at the end of such fiscal year, with a statement of the amounts issued and redeemed or paid during such fiscal year; (C) the status of infrastructure projects receiving funding or other assistance pursuant to this title during such fiscal year, including all nonperforming loans, and including disclosure of all entities with a development, ownership, or operational interest in such infrastructure projects; (D) a description of the successes and challenges encountered in lending to rural communities, including the role of the Center for Excellence and the Office of Rural Assistance established under this title; and (E) an assessment of the risks of the portfolio of AIFA, prepared by an independent source. (2) GAO Not later than 5 years after the date of enactment of this title, the Comptroller General of the United States shall conduct an evaluation of, and shall submit to Congress a report on, activities of AIFA for the fiscal years covered by the report that includes an assessment of the impact and benefits of each funded infrastructure project, including a review of how effectively each such infrastructure project accomplished the goals prioritized by the infrastructure project criteria of AIFA. (c) Books and Records (1) In general AIFA shall maintain adequate books and records to support the financial transactions of AIFA, with a description of financial transactions and infrastructure projects receiving funding, and the amount of funding for each such project maintained on a publically accessible database. (2) Audits by the Secretary and GAO The books and records of AIFA shall at all times be open to inspection by the Secretary of the Treasury, the Special Inspector General, and the Comptroller General of the United States. C Funding of AIFA 131. Fees (a) In general The Chief Executive Officer shall establish fees with respect to loans and loan guarantees under this title that— (1) are sufficient to cover all the administrative costs to the Federal Government for the operations of AIFA; (2) may be in the form of an application or transaction fee, or interest rate adjustment; and (3) may be based on the risk premium associated with the loan or loan guarantee, taking into consideration— (A) the price of United States Treasury obligations of a similar maturity; (B) prevailing market conditions; (C) the ability of the infrastructure project to support the loan or loan guarantee; and (D) the total amount of the loan or loan guarantee. (b) Treasury receipts AIFA shall annually deposit amounts of fees collected under this section that are not used for the expenses of AIFA as miscellaneous receipts with the Treasury. 132. Self-sufficiency of AIFA The Chief Executive Officer shall, to the extent possible, take actions consistent with this title to make AIFA a self-sustaining entity, with administrative costs and Federal credit subsidy costs fully funded by fees and risk premiums on loans and loan guarantees. 133. Funding There is authorized to be appropriated to AIFA to carry out this title, to make direct loans and loan guarantees under this title, not more than $10,000,000,000, to remain available until expended, of which amount, not more than $25,000,000 for each of fiscal years 2014 through 2015, and not more than $50,000,000 for fiscal year 2016 may be used for administrative costs of AIFA. Such amount shall earn interest. Not more than 5 percent of such amount shall be used to offset subsidy costs associated with rural infrastructure projects. 134. Contract authority Notwithstanding any other provision of law, approval by the Board of Directors of a Federal credit instrument that uses funds made available under this title shall impose upon the United States a contractual obligation to fund the Federal credit investment. II Tax credit extensions 201. Permanent extension of new markets tax credit (a) Extension (1) In general Subparagraph (G) of section 45D(f)(1) of the Internal Revenue Code of 1986 is amended by striking , 2011, 2012, and 2013 and inserting and each calendar year thereafter . (2) Conforming amendment Section 45D(f)(3) of such Code is amended by striking the last sentence. (b) Inflation adjustment Subsection (f) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Inflation adjustment (A) In general In the case of any calendar year beginning after 2013, the dollar amount in paragraph (1)(G) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2000 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding rule Any increase under subparagraph (A) which is not a multiple of $1,000,000 shall be rounded to the nearest multiple of $1,000,000. . (c) Alternative minimum tax relief Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended— (1) by redesignating clauses (v) through (ix) as clauses (vi) through (x), respectively, and (2) by inserting after clause (iv) the following new clause: (v) the credit determined under section 45D, but only with respect to credits determined with respect to qualified equity investments (as defined in section 45D(b)) initially made before January 1, 2014, . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Alternative minimum tax relief The amendments made by subsection (c) shall apply to credits determined with respect to qualified equity investments (as defined in section 45D(b) of the Internal Revenue Code of 1986) initially made after the date of the enactment of this Act. 202. Build America Bonds made permanent (a) Short title This section may be cited as the Build America Bonds Act of 2014 . (b) Build America Bonds made permanent (1) In general Subparagraph (B) of section 54AA(d)(1) of the Internal Revenue Code of 1986 is amended by inserting or on or after the date of the enactment of the Build America Bonds Act of 2014 , after January 1, 2011, . (2) Reduction in credit percentage to bondholders Subsection (b) of section 54AA of such Code is amended to read as follows: (b) Amount of credit (1) In general The amount of the credit determined under this subsection with respect to any interest payment date for a build America bond is the applicable percentage of the amount of interest payable by the issuer with respect to such date. (2) Applicable percentage For purposes of paragraph (1), the applicable percentage shall be determined under the following table: In the case of a bond issued The applicable during calendar year: percentage is: 2009 or 2010 35 2013 32 2014 31 2015 30 2016 29 2017 and thereafter 28. . (3) Extension of payments to issuers (A) In general Section 6431 of such Code is amended— (i) by inserting or on or after the date of the enactment of the Build America Bonds Act of 2014 , after January 1, 2011, in subsection (a), and (ii) by striking before January 1, 2011 in subsection (f)(1)(B) and inserting during a particular period . (B) Conforming amendments Subsection (g) of section 54AA of such Code is amended— (i) by inserting or during a period beginning on or after the date of the enactment of the Build America Bonds Act of 2014 , after January 1, 2011, , and (ii) by striking qualified bonds issued before 2011 in the heading and inserting certain qualified bonds . (4) Reduction in percentage of payments to issuers Subsection (b) of section 6431 of such Code is amended— (A) by striking The Secretary and inserting the following: (1) In general The Secretary , (B) by striking 35 percent and inserting the applicable percentage , and (C) by adding at the end the following new paragraph: (2) Applicable percentage For purposes of this subsection, the term applicable percentage means the percentage determined in accordance with the following table: In the case of a qualified bond The applicable issued during calendar year: percentage is: 2009 or 2010 35 2013 32 2014 31 2015 30 2016 29 2017 and thereafter 28. . (5) Current refundings permitted Subsection (g) of section 54AA of such Code is amended by adding at the end the following new paragraph: (3) Treatment of current refunding bonds (A) In general For purposes of this subsection, the term qualified bond includes any bond (or series of bonds) issued to refund a qualified bond if— (i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, (ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. (B) Applicable percentage In the case of a refunding bond referred to in subparagraph (A), the applicable percentage with respect to such bond under section 6431(b) shall be the lowest percentage specified in paragraph (2) of such section. (C) Determination of average maturity For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). . (6) Clarification related to levees and flood control projects Subparagraph (A) of section 54AA(g)(2) of such Code is amended by inserting (including capital expenditures for levees and other flood control projects) after capital expenditures . (7) Gross-Up of payment to issuers in case of sequestration In the case of any payment under section 6431(b) of the Internal Revenue Code of 1986 made after the date of the enactment of this Act to which sequestration applies, the amount of such payment shall be increased to an amount equal to— (A) such payment (determined before such sequestration), multiplied by (B) the quotient obtained by dividing one by the amount by which one exceeds the percentage reduction in such payment pursuant to such sequestration. For purposes of this subsection, the term sequestration means any reduction in direct spending ordered in accordance with a sequestration report prepared by the Director of the Office and Management and Budget pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or the Statutory Pay-As-You-Go Act of 2010. (c) Effective date The amendments made by this section shall apply to obligations issued on or after the date of the enactment of this Act. 203. Permanent extension of research credit; increase in alternative simplified research credit (a) Permanent extension (1) In general Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (2) Conforming amendments Such Code is amended— (A) in section 41(c) by striking paragraph (4) and redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (B) in section 41(c)(4), as so redesignated, by striking the second sentence of subparagraph (C); and (C) in paragraph (1) of section 45C(b) by striking subparagraph (D). (3) Effective date The amendments made by this subsection shall apply to amounts paid or incurred after December 31, 2013. (b) Increase in alternative simplified research credit (1) In general Subparagraph (A) of section 41(c)(4) of such Code, as redesignated by subsection (a), is amended by striking 14 percent (12 percent in the case of taxable years ending before January 1, 2009) and inserting 17 percent . (2) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. 204. Exempt-facility bonds for sewage and water supply facilities (a) Bonds for water and sewage facilities exempt from volume cap on private activity bonds (1) In general Paragraph (3) of section 146(g) of the Internal Revenue Code of 1986 is amended by inserting (4), (5), after (2), . (2) Conforming amendment Paragraphs (2) and (3)(B) of section 146(k) are both amended by striking (4), (5), (6), or and inserting (6) . (b) Tax-Exempt issuance by Indian tribal governments (1) In general Subsection (c) of section 7871 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Exception for bonds for water and sewage facilities Paragraph (2) shall not apply to an exempt facility bond 95 percent or more of the net proceeds (as defined in section 150(a)(3)) of which are to be used to provide facilities described in paragraph (4) or (5) of section 142(a). . (2) Conforming amendment Paragraph (2) of section 7871(c) is amended by striking paragraph (3) and inserting paragraphs (3) and (4) . (c) Effective date The amendments made by this section shall apply to obligations issued on or after the date of the enactment of this Act. 205. Repeal of alternative minimum tax on private activity bonds (a) In general Subsection (a) of section 57 of the Internal Revenue Code of 1986 is amended by striking paragraph (5). (b) Conforming amendments (1) Subparagraph (B) of section 1(g)(7) of such Code is amended by adding and at the end of clause (i), by striking , and at the end of clause (ii) and inserting a period, and by striking clause (iii). (2) Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking , (5) . (3) Subparagraph (C) of section 56(b)(1) of such Code is amended by striking clause (iii) and redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively. (4) Paragraph (3) of section 148(b) of such Code is amended to read as follows: (3) Exception for tax-exempt bonds The term investment property does not include any tax-exempt bond. . (5) Subparagraph (B)(i) of section 149(g)(3) of such Code is amended to read as follows: (i) In general Such term shall not include any bond issued as part of an issue 95 percent of the net proceeds of which are invested in bonds the interest on which is not includible in gross income under section 103. . (6) Paragraph (5) of section 1400L(d) of such Code is amended by striking subparagraph (E). (7) Paragraph (5) of section 1400N(a) of such Code is amended by striking subparagraph (G). (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. III Skills Training 301. Job training tax credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Job training credit (a) In general For the purposes of section 38, the job training credit determined under this section for the taxable year is an amount equal to 100 percent of the qualified training expenses paid by the qualifying taxpayer during the taxable year. (b) Limitation The credit allowed under subsection (a) with respect to any eligible trainee of the qualifying taxpayer shall not exceed the excess (if any) of $4,000 over the aggregate credit allowed to such taxpayer under this section with respect to such eligible trainee for all prior taxable years. (c) Definitions For purposes of this section— (1) Qualified training expenses (A) In general The term qualified training expenses means, with respect to any eligible trainee of the qualifying taxpayer, expenses paid or incurred by such taxpayer for qualified tuition costs of such eligible trainee. (B) Qualified tuition costs The term qualified tuition costs means costs for books and enrollment in a training program at a qualified educational organization, the outcome of which, if completed, will provide the eligible trainee a certificate or credential recognized by a State accrediting body, Federal Apprenticeship Agency, or any other national accrediting body recognized by the Department of Education as an independent, third-party accrediting body. Such training program— (i) may include a single course, multiple courses, or a combination of work training and study, and (ii) must be reasonably necessary for employment in a position based in the United States for which the qualifying taxpayer is currently hiring. (C) Qualified educational organization The term qualified educational organization means any educational organization described in section 101 of the Higher Education Act of 1965. (2) Qualifying taxpayer The term qualifying taxpayer means any taxpayer who provides, with respect to any eligible trainee, such documentation as required by the Secretary regarding qualified training expenses and proof of unemployment status as described in paragraph (3)(A). (3) Eligible trainee The term eligible trainee means any individual who— (A) has been unemployed for at least 90 days immediately preceding the date of enrollment in a training program described in paragraph (1)(B), and (B) had not been employed by the qualifying taxpayer at any time prior to such enrollment date. (d) Special rules (1) Denial of double benefit No deduction shall be allowed under this chapter for the portion of the expenses otherwise allowable as a deduction that are taken into account in determining the credit under this section for the taxable year. (2) Aggregation For purposes of this section, all persons treated as a single employer under subsection (a) or (b) or section 52, or subsection (m) or (o) of section 414, shall be treated as one person. (3) Treatment of expenses as educational assistance program Qualified training expenses shall be treated as an educational assistance program for purposes of section 127. (e) Election To have credit not apply A taxpayer may elect (at such time and in such manner as the Secretary may by regulations prescribe) to have this section not apply for any taxable year. (f) Termination This section shall not apply to expenses paid after December 31, 2016. . (b) Credit To be part of general business credit Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the job training credit determined under section 45S(a). . (c) Credit allowed against alternative minimum tax Section 38(c)(4)(B) of the Internal Revenue Code of 1986, as amended by section 206, is amended by redesignating clauses (viii), (ix), and (x) as clauses (ix), (x), and (xi), respectively, and by inserting after clause (vii) the following new clause: (viii) the credit determined under section 45S, . (d) Technical amendment Section 6501(m) of the Internal Revenue Code of 1986 is amended by inserting 45S(e), after 45H(g), . (e) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45S. Job training credit. . (f) Effective dates (1) In general The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act, in taxable years ending after such date. (2) Minimum tax The amendments made by subsection (c) shall apply to credits determined under section 45S of the Internal Revenue Code of 1986 in taxable years ending after the date of the enactment of this Act, and to carrybacks of such credits. 302. Qualified Job Training Partnerships credit (a) In general Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48D the following new section: 48E. Qualified Job Training Partnerships credit (a) In general For purposes of section 46, the Qualified Job Training Partnership credit for any taxable year is an amount equal to the percentage determined by the Secretary (not to exceed 100 percent) of the qualified investment for such taxable year with respect to any Qualified Job Training Partnership. (b) Qualified investment (1) In general For purposes of subsection (a), the qualified investment for any taxable year is the aggregate amount of the costs paid or incurred in such taxable year by one or more eligible private business employers for expenses necessary for and directly related to the conduct of a Qualified Job Training Partnership in the form of contributions of cash, cash equivalent, equipment, or any combination of the three where 100 percent of the investment is used for the planning, implementation, or operation of a Qualified Job Training Partnership and the training financed through the investment must result in a type of certificate or credential recognized by a State accrediting body, Federal Apprenticeship Agency, or any other national accrediting body recognized by the Department of Education as an independent, third-party accrediting body. (2) Limitation The amount which is treated as qualified investment for all taxable years with respect to any Qualified Job Training Partnership shall not exceed the amount certified by the Secretary as eligible for the credit under this section. (3) Exclusions The qualified investment for any taxable year with respect to any Qualified Job Training Partnership shall not take into account any cost for student tuition or for any other expense as determined by the Secretary as appropriate to carry out the purposes of this section. (4) Certain progress expenditure rules made applicable In the case of costs described in paragraph (1) that are paid for property of a character subject to an allowance for depreciation, rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (c) Qualified Job Training Partnership (1) In general The term Qualified Job Training Partnership means a formal or informal partnership between at least 1 eligible private business employer and— (A) 1 qualified educational institution, or (B) 1 labor organization (as defined in section 2(5) of the National Labor Relations Act), where the stated goal of the partnership is to train students in job-ready skills. (2) Eligible private business employer The term eligible private business employer means— (A) a business entity at least 50 percent of the gross income of which is derived from qualified production activities (within the meaning of section 199(c)), or (B) any type of domestic business entity the average number of full-time employees of which for the taxable year is not more than 500. (3) Qualified educational institution The term qualified educational institution means any institution of higher education described in section 101 of the Higher Education Act of 1965 which provides a 2-year program that culminates in an associate degree. (d) Qualified Job Training Partnership program (1) Establishment (A) In general Not later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Labor, shall establish a Qualified Job Training Partnership program to consider and award certifications for qualified investments eligible for credits under this section to Qualified Job Training Partnerships. (B) Limitation The total amount of credits that may be allocated under the program shall not exceed $1,000,000,000. (2) Certification (A) Application period Each applicant for certification under this paragraph shall submit an application containing such information as the Secretary may require during the period beginning on the date the Secretary establishes the program under paragraph (1). (B) Time for review of applications The Secretary shall take action to approve or deny any application under subparagraph (A) within 30 days of the submission of such application. (C) Multi-year applications An application for certification under subparagraph (A) may include a request for an allocation of credits for more than 1 year. (3) Selection criteria In determining the Qualified Job Training Partnerships with respect to which qualified investments may be certified under this section, the Secretary— (A) shall give priority to those applications which demonstrate— (i) the greatest probability that those who complete the program will secure employment; (ii) the greatest potential for providing workers who complete the program with skills that can provide long-term job and income security; (iii) the strongest market demand for the type of training offered; (iv) the greatest probability that the program would create a net increase in job training opportunities; (v) a strong need in the community for skills training; (vi) the ability to allow nontraditional learners to complete the training; and (vii) the ability and capacity to implement the program in a reasonable period of time; and (B) shall take into additional consideration which applications show— (i) the ability to leverage additional sources of capital; and (ii) the greatest ability to offer training programs that result in a certificate or credential (within the meaning of subsection (b)(1)) that is stackable or portable or both. (4) Review and additional allocation (A) Review Not later than 1 year after the date of enactment of this section, the Secretary shall review the credits allocated under this section as of such date. (B) Additional allocation If the Secretary determines at the time of the review that credits under this section are available for allocation pursuant to the requirements set forth in paragraph (2), the Secretary is authorized to allocate such available credits through the conduct of an additional program or programs for applications for certification. (5) Disclosure of allocations The Secretary shall, upon making a certification under this subsection, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. (e) Special rules (1) Basis adjustment For purposes of this subtitle, if a credit is allowed under this section for an expenditure related to property of a character subject to an allowance for depreciation, the basis of such property shall be reduced by the amount of such credit. (2) Denial of double benefit (A) Bonus depreciation A credit shall not be allowed under this section for any investment for which bonus depreciation is allowed under section 168(k), 1400L(b)(1), or 1400N(d)(1). (B) Deductions No deduction under this subtitle shall be allowed for the portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under this section for the taxable year which is equal to the amount of the credit determined for such taxable year under subsection (a) attributable to such portion. This subparagraph shall not apply to expenses related to property of a character subject to an allowance for depreciation the basis of which is reduced under paragraph (1). . (b) Inclusion as part of investment credit Section 46 of the Internal Revenue Code of 1986 is amended— (1) by adding a comma at the end of paragraph (4), (2) by striking and at the end of paragraph (5), (3) by striking the period at the end of paragraph (6) and inserting , and , and (4) by adding at the end the following new paragraph: (7) the Qualified Job Training Partnerships credit. . (c) Conforming amendment Section 49(a)(1)(C) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (v), by striking the period at the end of clause (vi) and inserting , and , and by adding at the end the following new clause: (vii) the basis of any property to which paragraph (1) of section 48E(e) applies which is part of a Qualified Job Training Partnership under such section 48E. . (d) Clerical amendment The table of sections for subpart E 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 48D the following new item: Sec. 48E. Qualified Job Training Partnership credit. . (e) Grants for qualified investments in Qualified Job Training Partnerships in lieu of tax credits (1) In general Upon application, the Secretary of the Treasury shall, subject to the requirements of this subsection, provide a grant to each person who makes a qualified investment in a Qualified Job Training Partnership in an amount not to exceed 100 percent of such investment. (2) Application (A) In general At the stated election of the applicant, an application for certification under section 48E(d)(2) of the Internal Revenue Code of 1986 for a credit under such section for any taxable year shall be considered to be an application for a grant under paragraph (1) for such taxable year. (B) Submission date An application for a grant under paragraph (1) for any taxable year shall be submitted— (i) not earlier than the day after the last day of such taxable year, and (ii) not later than the due date (including extensions) for filing the return of tax for such taxable year. (C) Information to be submitted An application for a grant under paragraph (1) shall include such information and be in such form as the Secretary of the Treasury may require to state the amount of the credit allowable (but for the receipt of a grant under this subsection) under section 48E for the taxable year for the qualified investment with respect to which such application is made. (3) Time for payment of grant (A) In general The Secretary of the Treasury shall make payment of the amount of any grant under paragraph (1) during the 30-day period beginning on the later of— (i) the date of the application for such grant, or (ii) the date the qualified investment for which the grant is being made is made. (B) Regulations In the case of investments of an ongoing nature, the Secretary of the Treasury shall issue regulations to determine the date on which a qualified investment shall be deemed to have been made for purposes of this paragraph. (4) Qualified investment For purposes of this subsection, the term qualified investment means a qualified investment that is certified under section 48E(d) of the Internal Revenue Code of 1986 for purposes of the credit under such section 48E. (5) Application of certain rules (A) In general In making grants under this subsection, the Secretary of the Treasury shall apply rules similar to the rules of section 50 of the Internal Revenue Code of 1986. In applying such rules, any increase in tax under chapter 1 of such Code by reason of an investment ceasing to be a qualified investment shall be imposed on the person to whom the grant was made. (B) Special rules (i) Recapture of excessive grant amounts If the amount of a grant made under this subsection exceeds the amount allowable as a grant under this subsection, such excess shall be recaptured under subparagraph (A) as if the investment to which such excess portion of the grant relates had ceased to be a qualified investment immediately after such grant was made. (ii) Grant information not treated as return information In no event shall the amount of a grant made under paragraph (1), the identity of the person to whom such grant was made, or a description of the investment with respect to which such grant was made be treated as return information for purposes of section 6103 of the Internal Revenue Code of 1986. (6) Secretary Any reference in this subsection to the Secretary of the Treasury shall be treated as including the Secretary's delegate. (7) Other terms Any term used in this subsection which is also used in section 48E of the Internal Revenue Code of 1986 shall have the same meaning for purposes of this subsection as when used in such section. (8) Denial of double benefit No credit shall be allowed under section 46(7) of the Internal Revenue Code of 1986 by reason of section 48E of such Code for any investment for which a grant is awarded under this subsection. (9) Appropriations There is hereby appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this subsection. (f) Effective date The amendments made by subsections (a) through (d) of this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years beginning after such date. IV Trade provisions 401. Findings; sense of Congress on applicability of trade authorities procedures to a bill implementing a trade and investment agreement with the European Union (a) Findings Congress finds the following: (1) The United States and the European Union (EU) maintain a very strong and beneficial commercial relationship. (2) The United States-EU relationship supports a combined 13 million jobs, and nearly $4 trillion in investment. (3) The economies of the United States and the EU each generate more than $16 trillion, which represents 45 percent of global gross domestic product, and over one-third of global trade and investment flows. (4) The United States-EU single commercial relationship is the world’s largest and the EU remains the largest market for United States exports and the largest source of imports into the United States. (5) Congress welcomes the work of the High Level Working Group report and the decision of President Obama to launch negotiations for a potential bilateral trade agreement. (6) The Transatlantic Trade and Investment Partnership (TTIP) represents a key strategic opportunity for the United States and the EU. (7) The groundbreaking TTIP will deepen ties between the United States and the EU, increase exports, grow both economies, and support hundreds of thousands of jobs on both sides of the Atlantic Ocean. (b) Sense of Congress It is the sense of Congress that— (1) the applicability of section 151 of the Trade Act of 1974 ( 19 U.S.C. 2191 ; relating to trade authorities procedures) to a bill implementing a trade and investment agreement with the European Union (EU) resulting from negotiations with the EU, as notified to the United States Congress on March 20, 2013, should be determined without regard to any prenegotiation notification and consultation requirements that would otherwise be applicable; and (2) the Administration should press for a quick conclusion of this comprehensive and ambitious agreement. 402. Extension of trade adjustment assistance program (a) Extension of termination provisions Section 285 of the Trade Act of 1974 ( 19 U.S.C. 2271 note) is amended by striking 2013 each place it appears and inserting 2020 . (b) Training funds Section 236(a)(2)(A) of the Trade Act of 1974 ( 19 U.S.C. 2296(a)(2)(A) ) is amended— (1) in clause (i), by striking and 2013 and inserting through 2020 ; and (2) in clause (ii), by striking 2013 each place it appears and inserting 2020 . (c) Reemployment trade adjustment assistance Section 246(b)(1) of the Trade Act of 1974 ( 19 U.S.C. 2318(b)(1) ) is amended by striking 2013 and inserting 2020 . (d) Authorizations of appropriations (1) Trade adjustment assistance for workers Section 245(a) of the Trade Act of 1974 ( 19 U.S.C. 2317(a) ) is amended by striking 2013 and inserting 2020 . (2) Trade adjustment assistance for firms Section 255(a) of the Trade Act of 1974 ( 19 U.S.C. 2345(a) ) is amended— (A) by striking and 2013 and inserting through 2020 ; and (B) by striking October 1, 2013, and ending on December 31, 2013 and inserting October 1, 2020, and ending on December 31, 2020 . (3) Trade adjustment assistance for farmers Section 298(a) of the Trade Act of 1974 ( 19 U.S.C. 2401g(a) ) is amended— (A) by striking and 2013 and inserting through 2020 ; and (B) by striking October 1, 2013, and ending on December 31, 2013 and inserting October 1, 2020, and ending on December 31, 2020 . (e) Amendments to Trade Adjustment Assistance Extension Act of 2011 (1) Application of prior law Section 233(a) of the Trade Adjustment Assistance Extension Act of 2011 (title II of Public Law 112–40 ; 125 Stat. 416; 19 U.S.C. 2271 note prec.) is amended— (A) in the matter preceding paragraph (1), by striking 2014 and inserting 2021 ; and (B) by striking paragraphs (3) through (7) and inserting the following: (3) section 245(a) of that Act shall be applied and administered by substituting 2021 for 2007 ; (4) section 246(b)(1) of that Act shall be applied and administered by substituting December 31, 2021 for the date that is 5 years and all that follows through State ; (5) section 256(b) of that Act shall be applied and administered by substituting the 1-year period beginning on January 1, 2021 for each of fiscal years 2003 through 2007, and $4,000,000 for the 3-month period beginning on October 1, 2007 ; (6) section 298(a) of that Act shall be applied and administered by substituting the 1-year period beginning on January 1, 2021 for each of the fiscal years and all that follows through October 1, 2007 ; and (7) section 285 of that Act shall be applied and administered— (A) in subsection (a), by substituting 2021 for 2007 each place it appears; and (B) by applying and administering subsection (b) as if it read as follows: (b) Other assistance (1) Assistance for firms (A) In general Except as provided in subparagraph (B), assistance may not be provided under chapter 3 after December 31, 2021. (B) Exception Notwithstanding subparagraph (A), any assistance approved under chapter 3 on or before December 31, 2021, may be provided— (i) to the extent funds are available pursuant to such chapter for such purpose; and (ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance. (2) Farmers (A) In general Except as provided in subparagraph (B), assistance may not be provided under chapter 6 after December 31, 2021. (B) Exception Notwithstanding subparagraph (A), any assistance approved under chapter 6 on or before December 31, 2021, may be provided— (i) to the extent funds are available pursuant to such chapter for such purpose; and (ii) to the extent the recipient of the assistance is otherwise eligible to receive such assistance. . . (2) Continuation of benefits Section 233(b) of the Trade Adjustment Assistance Extension Act of 2011 is amended by striking 2014 each place it appears and inserting 2021 . V Minimum Wage Increase and Business Tax Relief 501. Minimum wage increases (a) Minimum wage (1) In general Section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) is amended to read as follows: (1) except as otherwise provided in this section, not less than— (A) $8.20 an hour, beginning on the first day of the first month that begins 1 year after the date of enactment of the Invest in United States Act of 2014 ; (B) $9.15 an hour, beginning 1 year after that first day; (C) $10.10 an hour, beginning 2 years after that first day; and (D) beginning on the date that is 3 years after that first day, and annually thereafter, the amount determined by the Secretary pursuant to subsection (h); . (2) Determination based on increase in the consumer price index Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) is amended by adding at the end the following: (h) (1) Each year, by not later than the date that is 90 days before a new minimum wage determined under subsection (a)(1)(D) is to take effect, the Secretary shall determine the minimum wage to be in effect pursuant to this subsection for the subsequent 1-year period. The wage determined pursuant to this subsection for a year shall be— (A) not less than the amount in effect under subsection (a)(1) on the date of such determination; (B) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics; and (C) rounded to the nearest multiple of $0.05. (2) In calculating the annual percentage increase in the Consumer Price Index for purposes of paragraph (1)(B), the Secretary shall compare such Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary prior to the first year for which a minimum wage is in effect pursuant to this subsection) with the Consumer Price Index for the same month in the preceding year, the same quarter in the preceding year, or the preceding year, respectively. . (b) Base minimum wage for tipped employees Section 3(m)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(1) ) is amended to read as follows: (1) the cash wage paid such employee, which for purposes of such determination shall be not less than— (A) for the 1-year period beginning on the first day of the third month that begins after the date of enactment of the Fair Minimum Wage and Business Tax Relief Act of 2013 , $3.00 an hour; (B) for each succeeding 1-year period until the hourly wage under this paragraph equals 50 percent of the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of— (i) $0.50; or (ii) the amount necessary for the wage in effect under this paragraph to equal 50 percent of the wage in effect under section 6(a)(1) for such period, rounded to the nearest multiple of $0.05; and (C) for each succeeding 1-year period after the year in which the hourly wage under this paragraph first equals 50 percent of the wage in effect under section 6(a)(1) for the same period, the amount necessary to ensure that the wage in effect under this paragraph remains equal to 50 percent of the wage in effect under section 6(a)(1), rounded to the nearest multiple of $0.05; and . (c) Publication of notice Section 6 of the Fair Labor Standards Act of 1938 (as amended by subsection (a)) ( 29 U.S.C. 206 ) is further amended by adding at the end the following: (i) Not later than 60 days prior to the effective date of any increase in the minimum wage determined under subsection (h) or required for tipped employees in accordance with subparagraph (B) or (C) of section 3(m)(1), as amended by the Fair Minimum Wage and Business Tax Relief Act of 2013 , the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing the adjusted required wage. . (d) Effective date The amendments made by subsections (a) and (b) shall take effect on the first day of the first month that begins 1 year after the date of enactment of this Act. 502. Work Opportunity Credit made permanent (a) In general Section 51(c) of the Internal Revenue Code of 1986 is amended by striking paragraph (4). (b) Effective date The amendment made by subsection (a) shall apply to individuals who begin work for the employer after December 31, 2013. 503. Increased expensing limitations and treatment of certain real property as section 179 property made permanent (a) In general Subsection (b) of section 179 of the Internal Revenue Code of 1986 is amended— (1) by striking shall not exceed— and all that follows in paragraph (1) and inserting shall not exceed $500,000. , and (2) by striking exceeds— and all that follows in paragraph (2) and inserting exceeds $2,000,000. . (b) Computer software Clause (ii) of section 179(d)(1)(A) of such Code is amended by striking and which is placed in service in a taxable year beginning after 2002 and before 2014, . (c) Special rules for treatment of qualified real property Subsection (f) of section 179 of such Code is amended— (1) by striking beginning in 2010, 2011, 2012, or 2013 in paragraph (1), and (2) by striking paragraph (4). (d) Election Paragraph (2) of section 179(c) of such Code is amended to read as follows: (2) Revocation of election Any election made under this section, and any specification contained in any such election, may be revoked by the taxpayer with respect to any property, and such revocation, once made, shall be irrevocable. . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 504. Permanent extension of treatment of qualified leasehold improvement property, qualified restaurant property, and qualified retail improvement property as 15-year property for purposes of depreciation deduction (a) Qualified leasehold improvement property Clause (iv) of section 168(e)(3)(E) of the Internal Revenue Code of 1986 is amended by striking placed in service before January 1, 2014 . (b) Qualified restaurant property Clause (v) of section 168(e)(3)(E) of the Internal Revenue Code of 1986 is amended by striking placed in service before January 1, 2014 . (c) Qualified retail improvement property Clause (ix) of section 168(e)(3)(E) of the Internal Revenue Code of 1986 is amended by striking , and before January 1, 2014 . (d) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013.
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I 113th CONGRESS 2d Session H. R. 3940 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Graves of Missouri (for himself and Mr. Terry ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, with respect to weight limitations for natural gas vehicles, and for other purposes.
1. Short title This Act may be cited as the Natural Gas Long Haul Truck Competitiveness Act of 2014 . 2. Weight limitations for natural gas vehicles Section 127 of title 23, United States Code, is amended by adding at the end the following: (j) Natural gas vehicles Not later than 90 days after the date of enactment of this subsection, the Secretary shall issue regulations to allow a vehicle, if operated by an engine fueled primarily by natural gas, to exceed any vehicle weight limit under this section by an amount that is equal to— (1) the weight of the vehicle attributable to the natural gas tank and fueling system carried by such vehicle; less (2) the weight of a comparable diesel tank and fueling system. .
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113-hr-3941
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I 113th CONGRESS 2d Session H. R. 3941 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend for one year the deduction for mortgage insurance premiums.
1. Extension of mortgage insurance premiums treated as qualified residence interest (a) In general Subclause (I) of section 163(h)(3)(E)(iv) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendments made by this section shall apply to amounts paid or accrued after December 31, 2013.
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113-hr-3942
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I 113th CONGRESS 2d Session H. R. 3942 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend for one year the deduction of State and local general sales taxes.
1. Extension of deduction of State and local general sales taxes (a) In general Subparagraph (I) of section 164(b)(5) of the Internal Revenue Code of 1986 is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013.
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113-hr-3943
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I 113th CONGRESS 2d Session H. R. 3943 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend for one year the above-the-line deduction for qualified tuition and related expenses.
1. Extension of above-the-line deduction for qualified tuition and related expenses (a) In general Subsection (e) of section 222 of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013.
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113-hr-3944
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I 113th CONGRESS 2d Session H. R. 3944 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend for one year tax-free distributions from individual retirement plans for charitable purposes.
1. Extension of tax-free distributions from individual retirement plans for charitable purposes (a) In general Subparagraph (F) of section 408(d)(8) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2013.
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113-hr-3945
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I 113th CONGRESS 2d Session H. R. 3945 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend for one year the business research credit.
1. Extension of research credit (a) In general Subparagraph (B) of section 41(h)(1) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Conforming amendment Subparagraph (D) of section 45C(b)(1) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred after December 31, 2013.
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113-hr-3946
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I 113th CONGRESS 2d Session H. R. 3946 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend for one year the employer wage credit for employees who are active duty members of the uniformed services.
1. Extension of employer wage credit for employees who are active duty members of the uniformed services (a) In general Subsection (f) of section 45P of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to payments made after December 31, 2013.
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113-hr-3947
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I 113th CONGRESS 2d Session H. R. 3947 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend for one year the work opportunity tax credit.
1. Extension of work opportunity tax credit (a) In general Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013.
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I 113th CONGRESS 2d Session H. R. 3948 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend for one year the 15-year straight-line cost recovery for qualified leasehold improvements, qualified restaurant buildings and improvements, and qualified retail improvements.
1. Extension of 15-year straight-line cost recovery for qualified leasehold improvements, qualified restaurant buildings and improvements, and qualified retail improvements (a) In general Clauses (iv), (v), and (ix) of section 168(e)(3)(E) of the Internal Revenue Code of 1986 are each amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2013.
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113-hr-3949
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I 113th CONGRESS 2d Session H. R. 3949 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend for one year the enhanced charitable deduction for contributions of food inventory.
1. Extension of enhanced charitable deduction for contributions of food inventory (a) In general Clause (iv) of section 170(e)(3)(C) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to contributions made after December 31, 2013.
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113-hr-3950
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I 113th CONGRESS 2d Session H. R. 3950 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend for one year the credit for energy-efficient existing homes.
1. Extension of credit for energy-efficient existing homes (a) In general Paragraph (2) of section 25C(g) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013.
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113-hr-3951
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I 113th CONGRESS 2d Session H. R. 3951 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend for one year the credit for energy-efficient new homes.
1. Extension of credit for energy-efficient new homes (a) In general Subsection (g) of section 45L of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendments made by this section shall apply to homes acquired after December 31, 2013.
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113-hr-3952
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I 113th CONGRESS 2d Session H. R. 3952 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend for one year the credits for energy-efficient appliances.
1. Extension of credits for energy-efficient appliances (a) In general Subsection (b) of section 45M of the Internal Revenue Code of 1986 is amended by striking or 2013 each place it appears in paragraphs (1)(E), (2)(F), and (3)(F) and inserting 2013, or 2014 . (b) Effective date The amendments made by this section shall apply to appliances produced after December 31, 2013.
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113-hr-3953
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I 113th CONGRESS 2d Session H. R. 3953 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mr. Cartwright introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title I of the Patient Protection and Affordable Care Act concerning the notice requirements regarding the extent of health plan coverage of abortion.
1. Short title This Act may be cited as the Health Plan Notice Requirements Act . 2. Revision of ACA notice requirements regarding disclosure of extent of health plan coverage of abortion (a) In general Subparagraph (A) of section 1303(b)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18023(b)(3) ) is amended to read as follows: (A) Notice Each qualified health plan shall provide to enrollees a notice on the extent of coverage (if any) of services described in paragraph (1)(B)(i) or (1)(B)(ii) by such plan. Such notice shall be included as part of marketing or advertising materials, comparison tools, or summaries of benefits and coverage explanations made available with respect to such plan by the issuer of the plan or an Exchange during any enrollment period for such plan or prior period for purposes of comparisons of qualified health plans by potential enrollees. . (b) Effective date The amendment made by subsection (a) shall apply with respect to materials, tools, summaries, and explanations provided on or after 90 days after the date of the enactment of this Act.
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I 113th CONGRESS 2d Session H. R. 3954 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Mrs. Beatty (for herself, Mrs. Wagner , Mr. Rangel , Mr. Conyers , Ms. Kelly of Illinois , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Armed Services and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for systemic research, surveillance, treatment, prevention, awareness, development of rules of play, standards, and dissemination of information with respect to sports-related and other concussions.
1. Short title This Act may be cited as the Concussion Awareness and Education Act of 2014 . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings; purposes. Sec. 4. Surveillance of sports-related concussions. Sec. 5. Research. Sec. 6. Biological sample repository. Sec. 7. Rules of play. Sec. 8. Dissemination of information. Sec. 9. Concussion Research Commission. 3. Findings; purposes (a) Findings The Congress finds as follows: (1) There is currently no comprehensive system for acquiring accurate data on the incidence of sports- and recreation-related concussions across all youth age groups and sports. (2) Overall, according to a report entitled Sports-Related Concussions in Youth: Improving the Science, Changing the Culture , issued by the National Academies in 2013, each year in the United States, there are approximately 1.6 to 3.8 million sports- and recreation-related traumatic brain injuries, including concussions and other head injuries. These figures are based on conservative estimates. (3) A review of National Collegiate Athletic Association data for 15 sports showed that the overall reported concussion rate doubled from 1.7 to 3.4 concussions per 1,000 athletic exposures over the past 15 years, covering the 1988–1989 and 2003–2004 academic years. (4) Between 2001 and 2009, the reported number of our youth ages 19 and under treated for concussion and other nonfatal, sports- and recreation-related traumatic brain injuries increased from 150,000 to 250,000. (5) Over the same time period between 2001 and 2009, the rate of emergency room visits for concussive injuries increased by 57 percent. (6) Yet, according to the National Academies there currently is— (A) a lack of data to accurately estimate the incidence of sports-related concussions across a variety of sports and for youth across the pediatric age spectrum; and (B) no comprehensive system for acquiring accurate data on the incidence of sports- and recreation-related concussions across all youth age groups and sports. (7) Currently, there are significant information gaps in the proper protocol for diagnosis and treatment of sports-related concussions and more research desperately is needed. (b) Purposes The purposes of this Act are— (1) to increase awareness and knowledge about concussions through development of, implementation of, and evaluation of the effectiveness of, large-scale collaborative efforts and research by entities including, but not limited to, national sports associations, State high school associations, trainers’ associations, appropriate Federal entities, and other stakeholders such as parents, coaches, and students; and (2) to change the culture (including social norms, attitudes, and behaviors) surrounding concussions among elementary school through college-aged youth and their parents, coaches, sports officials, educators, trainers, and health care professionals, taking into account demographic variations across population groups, where appropriate. 4. Surveillance of sports-related concussions Title III of the Public Health Service Act is amended by inserting after section 317T of such Act ( 42 U.S.C. 247b–22 ) the following: 317U. Surveillance of sports-related concussions (a) In general The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, and taking into account other Federal data collection efforts, shall— (1) establish and oversee a national system to accurately determine the incidence of sports-related concussions; and (2) begin implementation of such system not later than 1 year after the date of enactment of the Concussion Awareness and Education Act of 2014 . (b) Data To Be Collected The data collected under subsection (a) shall, to the extent feasible, include each of the following: (1) The incidence of sports related concussions in individuals 5 through 21 years of age. (2) Demographic information of the injured individuals, including age, sex, race, and ethnicity. (3) Pre-existing conditions of the injured individuals, such as attention deficit hyperactivity disorder and learning disabilities. (4) The concussion history of the injured individuals, such as the number and dates of prior concussions. (5) The use of protective equipment and impact monitoring devices. (6) The qualifications of personnel diagnosing the concussions. (7) The cause, nature, and extent of the concussive injury, including— (A) the sport or activity involved; (B) the recreational or competitive level of the sport or activity involved; (C) the event type involved, including whether it was practice or competition; (D) the impact location on the body; (E) the impact nature, such as contact with a playing surface, another player, or equipment; and (F) signs and symptoms consistent with a concussion. . 5. Research (a) In general Beginning not later than 1 year after the date of enactment of this Act, the Director of the National Institutes of Health and the Secretary of Defense, acting in coordination, shall conduct or support— (1) research designed to— (A) establish objective, sensitive, and specific metrics and markers of concussion diagnosis, prognosis, and recovery in youth; and (B) inform the creation of age-specific, evidence-based guidelines for the management of short- and long-term sequelae of concussion in youth; (2) controlled, longitudinal, large-scale studies to assess short- and long-term cognitive, emotional, behavioral, neurobiological, and neuropathological consequences of concussions and repetitive head impacts over a life span, including— (A) an examination of the effects of concussions and repetitive head impacts on quality of life and the activities of daily living; and (B) identification of predictors and modifiers of outcomes, including the influence of socioeconomic status, race, ethnicity, sex, and comorbidities; and (3) research on age- and sex-related biomechanical determinants of injury risk for concussion in youth, including how injury thresholds are modified by the number of and time interval between head impacts and concussions. (b) Sports and physical training at military academies and for military personnel Beginning not later than 1 year after the date of enactment of this Act, the Secretary of Defense shall conduct a rigorous scientific evaluation of the effectiveness of techniques, rules, and playing, practice, and training standards in reducing concussions and sequelae for sports and physical training, including combatives, at military service academies and for military personnel. (c) Sense of Congress It is the sense of the Congress that the National Collegiate Athletic Association, in conjunction with the National Federation of State High School Associations, national governing bodies for youth sports, and youth sports organizations, should undertake a rigorous scientific evaluation of the effectiveness of age-appropriate techniques, rules, and playing and practice standards in reducing sports-related concussions and sequelae. 6. Biological sample repository (a) In general To aid research under this Act and any other similar research, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall maintain a national brain tissue and biological sample repository to collect, archive, and distribute material for research on concussions. (b) Timing The Secretary shall begin implementation of the repository not later than 1 year after the date of enactment of this Act. 7. Rules of play (a) Development The Director of the National Institutes of Health and the Secretary of Defense, taking into consideration the results of research, shall develop standards, best practices, and guidelines for the rules of play and training, respectively, for sports, athletic, and military training and engagement that— (1) are designed to prevent or reduce the incidence of concussions; and (2) include— (A) standards for effective protective equipment; and (B) recommendations on impact-monitoring systems. (b) Timing The Director of the National Institutes of Health and the Secretary of Defense shall— (1) begin development of the rules of play under this section not later than 1 year after the date of enactment of this Act; and (2) after such rules of play are finalized, periodically review and update such rules of play as appropriate. 8. Dissemination of information (a) In general The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding concussions. (b) Arrangements with other entities In carrying out paragraph (1), the Secretary may disseminate information through arrangements with nonprofit organizations, consumer groups, institutions of higher education, Federal, State, or local agencies, or the media. 9. Concussion Research Commission (a) Establishment There is established a Concussion Research Commission (referred to in this section as the Commission ). (b) Membership (1) Appointment The Commission shall be composed of the following nine members: (A) Five shall be appointed by the President. (B) One shall be appointed by the Speaker of the House of Representatives. (C) One shall be appointed by the minority leader of the House of Representatives. (D) One shall be appointed by the majority leader of the Senate. (E) One shall be appointed by the minority leader of the Senate. (2) Qualifications To be eligible for appointment under paragraph (1), an individual shall— (A) have experience with research, treatment, and prevention with respect to all types of concussive injuries; and (B) be a leading medical or scientific expert, or an otherwise authoritatively qualified expert, in one or more relevant fields. (3) Terms Each member of the Commission shall be appointed for the life of the Commission. (4) 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 Commission shall be filled in the manner in which the original appointment was made. (5) No pay The members of the Commission shall serve without pay. Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (6) Travel expenses Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (7) Resources The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Committee to carry out its responsibilities. (c) Meetings The Commission shall meet at least 4 times each year. (d) Staff of Federal agencies Upon request of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist in carrying out this section. (e) Study The Commission shall— (1) study the programs and activities conducted pursuant to this Act; and (2) based on the results of such programs and activities, formulate systemic recommendations for furthering the purposes of this Act, as described in section 3(b). (f) Review of National Academies report The Commission shall review the report of the National Academies entitled Sports-Related Concussions in Youth: Improving the Science, Changing the Culture and recommend corrections or updates to such report, as the Commission determines appropriate. (g) Reporting (1) Interim reports Every 6 months, the Commission shall submit to the appropriate committees of Congress an interim report on the Commission’s activities. (2) Final report Not later than 36 months after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress, and make available to the public, a final report on the results of the Commission’s study under subsection (e) and review under subsection (f). (h) Termination The Commission shall terminate upon the date of submission of the final report required by subsection (g)(2), unless the Secretary of Health and Human Services chooses to maintain the Commission beyond such date.
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https://www.govinfo.gov/content/pkg/BILLS-113hr3954ih/xml/BILLS-113hr3954ih.xml
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113-hr-3955
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I 113th CONGRESS 2d Session H. R. 3955 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Labor to establish a pilot program through the Workforce Investment Act of 1998 to provide older individuals with training in computer literacy, advanced computer operations, and resume writing.
1. Job skills training for older individuals (a) Targeted pilot program The Secretary of Labor shall establish a pilot program pursuant to section 171 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2916 ) to provide grants to entities eligible under such section to provide job skills training to and specific for older individuals, particularly in the areas of computer literacy, advanced computer operations, and resume writing. (b) Definition For purposes of the program established under subsection (a), the term older individual has the meaning given that term in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ).
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https://www.govinfo.gov/content/pkg/BILLS-113hr3955ih/xml/BILLS-113hr3955ih.xml
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113-hr-3956
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I 113th CONGRESS 2d Session H. R. 3956 IN THE HOUSE OF REPRESENTATIVES January 28, 2014 Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Investment Act of 1958 to authorize the Small Business Administrator to make grants for economic growth, business retention and business recruitment to economically underserved communities.
1. Short title This Act may be cited as the Community Investment and Empowerment Act . 2. Purpose The purpose of this Act is to assist with the economic growth of economically disadvantaged communities that have potential for strong Class 1 commercial investment, but continue to have a difficult time recruiting Class 1 commercial investment. 3. Economic growth, retention, and recruitment of commercial investment in underserved communities The Small Business Investment Act of 1958 ( 15 U.S.C. 661 et seq. ) is amended by adding at the end the following new title: VI ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL INVESTMENT IN ECONOMICALLY DISADVANTAGED COMMUNITIES 511. Grant program (a) Authorization From amounts appropriated under section 513, the Administrator shall make grants on a competitive basis to communities for— (1) the creation of a grant and/or revolving loan fund program that helps develop financing packages for Class 1 commercial investment; (2) lowering real estate property tax rates; (3) conducting community-wide market analysis to help recruit and/or retain Class 1 commercial investment; (4) creating employment training programs for Class 1 business customer service, sales, and managerial positions; (5) retail marketing strategies to solicit new Class 1 commercial investment starts in the community; (6) program allowances for activities such as the publication of marketing materials, development of economic development web pages, and educational outreach activities with retail trade associations; and (7) hiring business recruitment specialists. (b) Eligibility The Administrator may only make a grant under subsection (a) to communities that— (1) demographics include— (A) a median per capita income no higher than $35,000; and (B) a lack of Class 1 commercial investment; and (2) submit an application at such time, in such form, and containing such information and assurances as the Administrator may require, including— (A) a description of how the community through the activities the community carries out with the grant funds will recruit, retain and grow their economy through Class 1 commercial investment; and (B) a description of the difficulty the community has faced recruiting, retaining and growing their economy through Class 1 commercial investment. (c) Matching funds (1) In general The Administrator may not make a grant to a community under subsection (a) unless the community agrees that, with respect to the costs to be incurred by the community in carrying out the activities for which the grant is awarded, the community will make available non-Federal contributions in an amount equal to not less than 10 percent of the Federal funds provided under the grant. (2) Satisfying matching requirements The non-Federal contributions required under paragraph (1) may be— (A) in cash or in-kind, including services, fairly evaluated; and (B) from— (i) any private source; (ii) a State or local governmental entity; or (iii) a not-for-profit. (3) Waiver The Administrator may waive or reduce the non-Federal contribution required by paragraph (1) if the community involved demonstrates that the eligible entity cannot meet the contribution requirement due to financial hardship. (d) Limitations Funding appropriated under section 513 will be allocated by the following formula— (1) no more than up to 5 percent of funds appropriated under section 513 shall go to administrative costs; (2) up to 70 percent of funding appropriated under section 513 shall go toward activities described in sections (a)(1) through (a)(4) after taking into account administrative costs under section (c)(1)(A); and (3) 30 percent of funding appropriated under section 513 shall go toward activities described in sections (a)(5) through (a)(7) after taking into account administrative costs under section (c)(1)(A). 512. Definitions In this title, the following definitions apply: (1) Community The term community means a governance structure that includes county, parish, city, village, township, district or borough. (2) Class 1 commercial investment The term Class 1 commercial investment means retail grocery chains, food service retailers, restaurants and franchises, retail stores, cafes, shopping malls, and other shops. (3) economically underserved community The term economically underserved community means an area suffering from low income and resultant low purchasing power, limiting its ability to generate sufficient goods and services to be used in exchange with other areas to meet current consumption needs. 513. Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out section 511(a) $40,000,000 for each of fiscal years 2014 through 2019. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr3956ih/xml/BILLS-113hr3956ih.xml
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