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113-hr-4057
I 113th CONGRESS 2d Session H. R. 4057 IN THE HOUSE OF REPRESENTATIVES February 11, 2014 Mr. Peters of Michigan introduced the following bill; which was referred to the Committee on Homeland Security , 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 authorize funding for construction of U.S. Customs and Border Protection customs plazas at land ports of entry, and for other purposes. 1. Short title This Act may be cited as the Customs Plaza Construction Act of 2014 . 2. Authorization (a) In general To promote the facilitation of a functional and secure border, the Secretary of Homeland Security is authorized to construct facilities and buildings at land ports of entry. The Secretary shall collaborate with the appropriate crossing authority at such ports concerning such construction. (b) Location Facilities and buildings constructed at land ports of entry pursuant to subsection (a) shall be located within the same local jurisdiction as an existing land port of entry. (c) Prioritization Priority in the construction of facilities and buildings at land ports of entry pursuant to subsection (a) shall be given to land ports of entry that have the highest trade volume as measured by the value of shipments, including exports and imports, that pass through such ports. (d) Funding Amounts appropriated pursuant to the authorization of appropriations under subsection (e) to construct facilities and buildings at land ports of entry pursuant to subsection (a)— (1) may be obligated and expended only for such construction, including for pavement, inspection booths, offices, wiring, and communications infrastructure; and (2) may not be obligated or expended on utility construction or relocation of any such port. (e) Authorization of appropriations To carry out this Act there is authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary for each of fiscal years 2015 through 2021.
https://www.govinfo.gov/content/pkg/BILLS-113hr4057ih/xml/BILLS-113hr4057ih.xml
113-hr-4058
I 113th CONGRESS 2d Session H. R. 4058 IN THE HOUSE OF REPRESENTATIVES February 14, 2014 Mr. Reichert (for himself, Mr. Doggett , Mr. Paulsen , Mr. Levin , Mr. Roskam , Mr. McDermott , Mr. Buchanan , Mr. Lewis , Mr. Young of Indiana , Mr. Crowley , Mr. Griffin of Arkansas , Mr. Danny K. Davis of Illinois , Mr. Renacci , Ms. Slaughter , Mrs. Wagner , Ms. Bass , and Mr. Langevin ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prevent and address sex trafficking of youth in foster care. 1. Short title This Act may be cited as the Preventing Sex Trafficking and Improving Opportunities for Youth in Foster Care Act . 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. Title I—Identifying and Protecting Youth at Risk of Sex Trafficking Sec. 101. Identifying and screening youth at risk of sex trafficking. Sec. 102. Documenting and reporting instances of sex trafficking. Sec. 103. State plan requirement to locate and respond to children who run away from foster care. Sec. 104. Increasing information on youth in foster care to prevent sex trafficking. Title II—Improving Opportunities for Youth in Foster Care and Supporting Permanency Sec. 201. Supporting normalcy for children in foster care. Sec. 202. Improvements to another planned permanent living arrangement as a permanency option. Sec. 203. Empowering foster youth age 14 and older in the development of their own case plan and transition planning for a successful adulthood. Sec. 204. Ensuring foster youth have a birth certificate, Social Security card, health insurance information, medical records, and a bank account. Title III—Improving Data Collection and Reporting on Child Sex Trafficking Sec. 301. Including sex trafficking data in the Adoption and Foster Care Analysis and Reporting System. Sec. 302. Information on children in foster care in annual reports using AFCARS data; consultation. 3. Findings The Congress makes the following findings: (1) Recent reports on sex trafficking estimate that thousands of children are at risk for domestic sex trafficking. (2) The risk is compounded every year for the up to 30,000 young people who are emancipated from foster care. (3) The current child welfare system does not effectively identify, prevent, or intervene when a child presents as trafficked or at risk for trafficking. (4) Within the foster care system, many young adults are housed in congregate care facilities or group homes, which often are targeted by traffickers. (5) Within the foster care system, children are routinely denied the opportunity to participate in normal, age or developmentally-appropriate activities such as joining 4–H and other clubs, participating in school plays, playing sports, going to camp, and visiting a friend. (6) A lack of normalcy and barriers to participation in age or developmentally-appropriate activities contribute to increased vulnerability to trafficking, homelessness, and other negative outcomes for children in foster care. (7) The latest research in adolescent brain development indicates that young people learn through experience and through trial and error, and that as part of healthy brain development young people need to take on increasing levels of decisionmaking through their teenage years. (8) In order to combat domestic sex trafficking and to improve outcomes for children in foster care, systemic changes need to be made to the child welfare system that focus on— (A) the reduction of children in long-term foster care; (B) greater child engagement in case planning while in foster care; (C) improved efforts to locate and respond to children who have run away from foster care and to reduce the number of foster children who are on the run; (D) improved policies and procedures that encourage age or developmentally-appropriate activities for children in foster care and that permit more opportunities for such children to make meaningful and permanent connections with caring adults; and (E) with regard to domestic sex trafficking, improved identification, prevention, and intervention by the child welfare agency in collaboration with the courts, local law enforcement agencies, schools, juvenile justice agencies, and other social service providers. I Identifying and Protecting Youth at Risk of Sex Trafficking 101. Identifying and screening youth at risk of sex trafficking Section 471(a)(9) of the Social Security Act ( 42 U.S.C. 671(a)(9) ) is amended— (1) in subparagraph (A), by striking and ; (2) in subparagraph (B), by inserting and after the semicolon; and (3) by adding at the end the following: (C) not later than— (i) 1 year after the date of the enactment of this subparagraph, demonstrate to the Secretary that the State agency has developed, in consultation with organizations with experience in dealing with at-risk youth, policies and procedures for identifying and screening (including relevant training for caseworkers), and for determining appropriate State action and services with respect to— (I) any child over whom the State agency has responsibility for placement, care, or supervision (including children for whom a State child welfare agency has an open case file but who have not been removed from the home and youth who are not in foster care but are receiving services under section 477 of this Act) who the State has reasonable cause to believe— (aa) is a victim of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) )) or a severe form of trafficking in persons described in section 103(9)(A) of such Act ( 22 U.S.C. 7102(9)(A) ); or (bb) is at risk of being a victim of either kind of trafficking; and (II) at the option of the State, any individual, without regard to whether the individual is or was in foster care under the responsibility of the State, who has not attained 26 years of age; and (ii) 2 years after such date of enactment, demonstrate to the Secretary that the State agency is implementing, in consultation with the child protective services agency or unit for the State, the policies and procedures referred to in clause (i). . 102. Documenting and reporting instances of sex trafficking (a) State plan requirements Section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is amended— (1) by striking and at the end of paragraph (32); (2) by striking the period at the end of paragraph (33) and inserting a semicolon; and (3) by adding at the end the following: (34) provides that, for each child over whom the State agency has responsibility for placement, care, or supervision (including any child for whom a State child welfare agency has an open case file but who has not been removed from the home, and any child who is not in foster care but is receiving services under section 477), the State agency shall— (A) not later than 2 years after the date of the enactment of this paragraph, identify and document appropriately in agency records each child who is identified as being a victim of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000) or as being a victim of severe forms of trafficking in persons described in section 103(9)(A) of such Act, as such a victim; and (B) report immediately, and in no case later than 24 hours after receiving— (i) information on children who have been identified as being victims of sex trafficking (as defined in subparagraph (A) of this paragraph) to the law enforcement authorities; and (ii) information on missing or abducted children to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, established pursuant to section 534 of title 28, United States Code, and to the National Center for Missing and Exploited Children; and (35) not later than 2 years after the date of the enactment of this paragraph, contains a regularly updated description, made available to the public on the Internet website of the State agency, of the specific measures taken by the State agency to protect and provide services to children who are victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000), or victims of severe forms of trafficking in persons described in section 103(9)(A) of such Act, including efforts to coordinate with State law enforcement, schools, juvenile justice agencies, and social service agencies such as runaway and homeless youth shelters and transitional and other supportive housing providers to serve that population. . (b) Regulations The Secretary of Health and Human Services shall promulgate regulations implementing the amendments made by subsection (a) of this section and shall provide uniform definitions for States to use for the reports required under section 471(a)(34)(B) of the Social Security Act, as added by such subsection (a). 103. State plan requirement to locate and respond to children who run away from foster care Section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ), as amended by section 102 of this Act, is amended— (1) by striking and at the end of paragraph (34); (2) by striking the period at the end of paragraph (35) and inserting ; and ; and (3) by adding at the end the following: (36) provides that, not later than 1 year after the date of the enactment of this paragraph, the State shall develop and implement specific protocols for— (A) expeditiously locating any child missing from foster care; (B) determining the primary factors that contributed to the child’s running away or otherwise being absent from care, and to the extent possible and appropriate, responding to those factors in current and subsequent placements; (C) determining the child’s experiences while absent from care, including screening the child to determine if he or she is a possible victim of sex trafficking (as defined in paragraph (9)(C)); and (D) reporting such related information as required by the Secretary. . 104. Increasing information on youth in foster care to prevent sex trafficking Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a written report which summarizes the following: (1) Information on children who run away from foster care and their risk of becoming victims of sex trafficking, using data reported by States under section 479 of the Social Security Act and information collected by States related to section 471(a)(36) of such Act, including— (A) characteristics of children who run away from foster care; (B) potential factors associated with children running away from foster care (such as reason for entry into care, length of stay in care, type of placement, and other factors that contributed to the child’s running away); (C) information on children's experiences while absent from care; and (D) trends in the number of children reported as runaways in each fiscal year (including factors that may have contributed to changes in such trends). (2) Information on State efforts to provide specialized services, foster family homes, or child care institutions for children who are victims of sex trafficking. (3) Information on State efforts to ensure children in foster care form and maintain long-lasting connections to caring adults, even when a child in foster care must move to another foster family home or when the child is placed under the supervision of a new caseworker. II Improving Opportunities for Youth in Foster Care and Supporting Permanency 201. Supporting normalcy for children in foster care (a) Reasonable and prudent parent standard (1) Definitions relating to the standard Section 475 of the Social Security Act ( 42 U.S.C. 675 ) is amended by adding at the end the following: (9) (A) The term reasonable and prudent parent standard means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the State to participate in extracurricular, enrichment, cultural, and social activities. (B) For purposes of subparagraph (A), the term caregiver means a foster parent with whom a child in foster care has been placed or a designated official for a child care institution in which a child in foster care has been placed. (10) The term age or developmentally-appropriate means— (A) activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and (B) in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child. . (2) State plan requirement Section 471(a)(24) of such Act ( 42 U.S.C. 671(a)(24) ) is amended— (A) by striking include and inserting includes ; (B) by striking and that such preparation and inserting that the preparation ; and (C) by inserting , and that the preparation shall include knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child in age or developmentally-appropriate activities, including knowledge and skills relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child, and knowledge and skills relating to applying the standard to decisions such as whether to allow the child to engage in social, extracurricular, enrichment, cultural, and social activities, including sports, field trips, and overnight activities lasting 1 or more days, and to decisions involving the signing of permission slips and arranging of transportation for the child to and from extracurricular, enrichment, and social activities before the semicolon. (3) Technical assistance The Secretary of Health and Human Services shall provide assistance to the States on best practices for devising strategies to assist foster parents in applying a reasonable and prudent parent standard in a manner that protects child safety, while also allowing children to experience normal and beneficial activities, including methods for appropriately considering the concerns of the biological parents of a child in decisions related to participation of the child in activities (with the understanding that those concerns should not necessarily determine the participation of the child in any activity). (b) Normalcy for children in child care institutions Section 471(a)(10) of such Act ( 42 U.S.C. 671(a)(10) ) is amended to read as follows: (10) provides— (A) for the establishment or designation of a State authority or authorities that shall be responsible for establishing and maintaining standards for foster family homes and child care institutions which are reasonably in accord with recommended standards of national organizations concerned with standards for the institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights, and which shall permit use of the reasonable and prudent parenting standard; (B) that the standards established pursuant to subparagraph (A) shall be applied by the State to any foster family home or child care institution receiving funds under this part or part B and shall require, as a condition of any contract entered into by the State agency and a child care institution, the presence on-site of at least 1 official who, with respect to any child placed at the child care institution, is designated to be the caregiver who is authorized to apply the reasonable and prudent parent standard to decisions involving the access of the child to age or developmentally-appropriate items and participation in age or developmentally-appropriate activities, and who is provided with training in how to use and apply the reasonable and prudent parent standard in the same manner as prospective foster parents are provided the training pursuant to paragraph (24); (C) that the standards established pursuant to subparagraph (A) shall include policies related to the liability of foster parents and private entities under contract by the State involving the application of the reasonable and prudent parent standard, to ensure appropriate liability for caregivers when a child participates in an approved activity and the caregiver approving the activity acts in accordance with the reasonable and prudent parent standard; and (D) that a waiver of any standards established pursuant to subparagraph (A) may be made only on a case-by-case basis for nonsafety standards (as determined by the State) in relative foster family homes for specific children in care; . (c) Effective date (1) In general The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act, without regard to whether regulations to implement the amendments have been promulgated by that date. (2) Delay permitted if State legislation required If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. 202. Improvements to another planned permanent living arrangement as a permanency option (a) Elimination of the option for children under age 16 (1) In general Section 475(5)(C)(i) of the Social Security Act ( 42 U.S.C. 675(5)(C)(i) ) is amended by inserting only in the case of a child who has attained 16 years of age before (in cases where . (2) Conforming amendment Section 422(b)(8)(A)(iii)(II) of such Act ( 42 U.S.C. 622(b)(8)(A)(iii)(II) ) is amended by inserting , subject to the requirements of paragraphs (5)(C) and (10) of section 475 after arrangement . (b) Additional requirements (1) In general Part E of title IV of such Act ( 42 U.S.C. 670 et seq. ) is amended by inserting after section 475 the following: 475A. Additional case plan and case review system requirements (a) Requirements for another planned permanent living arrangement In the case of any child for whom another planned permanent living arrangement is the permanency plan for the child, the following requirements shall apply for purposes of approving the case plan for the child and the case system review procedure for the child: (1) Documentation of intensive, ongoing, unsuccessful efforts for family placement At each permanency hearing held with respect to the child, the State agency documents the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the State agency to return the child home or secure a placement for the child with a fit and willing relative (including adult siblings), a legal guardian, or an adoptive parent, including through efforts that utilize search technology (including social media) to find biological family members for children in the child welfare system. (2) Redetermination of appropriateness of placement at each permanency hearing The State agency shall implement procedures to ensure that, at each permanency hearing held with respect to the child, the court or administrative body appointed or approved by the court conducting the hearing on the permanency plan for the child does the following: (A) Ask the child about the desired placement of the child. (B) Make a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interests of the child to— (i) return home; (ii) be placed for adoption; (iii) be placed with a legal guardian; or (iv) be placed with a fit and willing relative. (3) Demonstration of support for engaging in age or developmentally-appropriate activities and social events At each permanency hearing held with respect to the child, the State agency shall document the steps the State agency is taking to ensure the child's foster family home or child care institution is following the reasonable and prudent parent standard specified in paragraphs (10) and (24) of section 471(a). . (2) Conforming amendments (A) State plan requirements (i) Part B Section 422(b)(8)(A)(ii) of such Act ( 42 U.S.C. 622(b)(8)(A)(ii) ) is amended by inserting and in accordance with the requirements of section 475A after section 475(5) . (ii) Part E Section 471(a)(16) of such Act ( 42 U.S.C. 671(a)(16) ) is amended— (I) by inserting and in accordance with the requirements of section 475A after section 475(1) ; and (II) by striking section 475(5)(B) and inserting sections 475(5) and 475A . (B) Definitions Section 475 of such Act ( 42 U.S.C. 675 ) is amended— (i) in paragraph (1), in the matter preceding subparagraph (A), by inserting meets the requirements of section 475A and after written document which ; and (ii) in paragraph (5)(C)— (I) by inserting , as of the date of the hearing, after compelling reason for determining ; and (II) by inserting subject to section 475A(a), after another planned permanent living arrangement, . (c) Effective date (1) In general The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act. (2) Delay permitted if State legislation required If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. 203. Empowering foster youth age 14 and older in the development of their own case plan and transition planning for a successful adulthood (a) In general Section 475(1)(B) of the Social Security Act ( 42 U.S.C. 675(1)(B) ) is amended by adding at the end the following: With respect to a child who has attained 14 years of age, the plan developed for the child in accordance with this paragraph, and any revision or addition to the plan, shall be developed in consultation with the child and, at the option of the child, with up to 2 members of the case planning team who are chosen by the child and who are not a foster parent of, or caseworker for, the child. A State may reject an individual selected by a child to be a member of the case planning team at any time if the State has good cause to believe that the individual would not act in the best interests of the child. One individual selected by a child to be a member of the child's case planning team may be designated to be the child's advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child. . (b) Conforming amendments To include children 14 and older in transition planning Section 475 of such Act ( 42 U.S.C. 675 ) is amended— (1) in paragraph (1)(D), by striking Where appropriate, for a child age 16 and inserting For a child who has attained 14 years of age ; and (2) in paragraph (5)— (A) in subparagraph (C)— (i) by striking and at the end of clause (ii); and (ii) by adding at the end the following: and (iv) if a child has attained 14 years of age, the permanency plan developed for the child, and any revision or addition to the plan, shall be developed in consultation with the child and, at the option of the child, with not more than 2 members of the permanency planning team who are selected by the child and who are not a foster parent of, or caseworker for, the child, except that the State may reject an individual so selected by the child if the State has good cause to believe that the individual would not act in the best interests of the child, and 1 individual so selected by the child may be designated to be the child’s advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent standard to the child; ; and (B) in subparagraph (I), by striking 16 and inserting 14 . (c) Transition planning for a successful adulthood Paragraphs (1)(D), (5)(C)(i), and (5)(C)(iii) of section 475 of such Act ( 42 U.S.C. 675 ) are each amended by striking independent living and inserting a successful adulthood . (d) List of rights Section 475A of such Act, as added by section 202(b)(1) of this Act, is amended by adding at the end the following: (b) List of rights The case plan for any child in foster care under the responsibility of the State who has attained 14 years of age shall include a document that describes the rights of the child with respect to education, health, visitation, and court participation, and to staying safe and avoiding exploitation, and a signed acknowledgment by the child that the child has been provided with a copy of the document and that the rights contained in the document have been explained to the child in an age-appropriate way. . (e) Report Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress regarding the implementation of the amendments made by this section. The report shall include— (1) an analysis of how States are administering the requirements of paragraphs (1)(B) and (5)(C) of section 475 of the Social Security Act, as amended by subsection (a) of this section, that a child in foster care who has attained 14 years of age be permitted to select up to 2 members of the case planning team or permanency planning team for the child from individuals who are not a foster parent of, or caseworker for, the child; and (2) a description of best practices of States with respect to the administration of the requirement. (f) Effective date (1) In general The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act. (2) Delay permitted if State legislation required If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. 204. Ensuring foster youth have a birth certificate, Social Security card, health insurance information, medical records, and a bank account (a) Case review system requirement Section 475(5)(I) of the Social Security Act ( 42 U.S.C. 675(5)(I) ) is amended— (1) by striking and receives assistance and inserting receives assistance ; and (2) by inserting , and, unless the child has been in foster care for less than 6 months or the child is being discharged from care to return to live with the family of the child or to be adopted, is not discharged from care without being provided with an official birth certificate of the child, a social security card issued by the Commissioner of Social Security, health insurance information and medical records, and if the child has attained 18 years of age, a fee-free (or low-fee) transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act ( 12 U.S.C. 461(b)(1)(C) )) established in the name of the child name at an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )) or an insured credit union (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 )), unless the child, after consultation with the members of the case planning team for the child selected by the child (if any), elects to not have such an account established before the period. (b) Effective date (1) In general The amendments made by this section shall take effect 1 year after the date of enactment of this Act. (2) Delay permitted if State legislation required If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. III Improving Data Collection and Reporting on Child Sex Trafficking 301. Including sex trafficking data in the Adoption and Foster Care Analysis and Reporting System (a) In general Section 479(c)(3) of the Social Security Act ( 42 U.S.C. 679(c)(3) ) is amended— (1) in subparagraph (C)(iii), by striking and after the comma; and (2) by adding at the end the following: (E) the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) )) or a severe form of trafficking in persons described in section 103(9)(A) of such Act— (i) before entering foster care; and (ii) while in foster care; and . (b) Report to congress Beginning in fiscal year 2016, the Secretary of Health and Human Services shall submit an annual report to Congress that contains the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) )) or a severe form of trafficking in persons described in section 103(9)(A) of such Act, together with such other information as the Secretary determines appropriate relating to the identification of, and provision of services for, that population of children. 302. Information on children in foster care in annual reports using AFCARS data; consultation Section 479A of the Social Security Act ( 42 U.S.C. 679b ) is amended— (1) by striking The Secretary and inserting the following: (a) In general The Secretary ; (2) in paragraph (5), by striking and after the semicolon; (3) in paragraph (6)(C), by striking the period at the end and inserting a semicolon; (4) by adding at the end the following: (7) include in the report submitted pursuant to paragraph (5) for fiscal year 2016 or any succeeding fiscal year, State-by-State data on children in foster care who have been placed in a child care institution or other setting that is not a foster family home, including— (A) the number of children in the placements and their ages, including separately, the number and ages of children who have a permanency plan of another planned permanent living arrangement; (B) the duration of the placement in the settings (including for children who have a permanency plan of another planned permanent living arrangement); (C) the types of child care institutions used (including group homes, residential treatment, shelters, or other congregate care settings); (D) with respect to each child care institution or other setting that is not a foster family home, the number of children in foster care residing in each such institution or non-foster family home; (E) any clinically diagnosed special need of such children; and (F) the extent of any specialized education, treatment, counseling, or other services provided in the settings; and (8) include in the report submitted pursuant to paragraph (5) for fiscal year 2016 or any succeeding fiscal year, State-by-State data on children in foster care who are pregnant or parenting. ; and (5) by adding at the end the following: (b) Consultation on other issues The Secretary shall consult with States and organizations with an interest in child welfare, including organizations that provide adoption and foster care services, and shall take into account requests from Members of Congress, in selecting other issues to be analyzed and reported on under this section using data available to the Secretary, including data reported by States through the Adoption and Foster Care Analysis and Reporting System and to the National Youth in Transition Database. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4058ih/xml/BILLS-113hr4058ih.xml
113-hr-4059
I 113th CONGRESS 2d Session H. R. 4059 IN THE HOUSE OF REPRESENTATIVES February 14, 2014 Mr. Schneider introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to create a grant program for governmental and other nonprofit organizations that support startup businesses in formation and early growth stages by providing entrepreneurs with resources and services to produce viable businesses, and for other purposes. 1. Short title This Act may be cited as the Accelerate Our Startups Act of 2014 . 2. Grants for organizations that support startup businesses Add at the end of the Small Business Act ( 15 U.S.C. 631 et seq. ) the following: 48. Grants for nonprofit organizations that support startup businesses (a) Grants The Administrator shall develop and implement, beginning not later than one year after the date of the enactment of this section, a grant program under this section for State and local governmental and other nonprofit organizations that are located in the United States and support startup businesses in the United States to provide those organizations assistance to use for construction costs, space acquisition, and programmatic purposes. (b) Requirement for recipients A recipient of a grant under this section must demonstrate to the satisfaction of the Administrator that it will use the grant to provide assistance to at least 5 client businesses per year that have been in business for less than 5 years. (c) Criteria for grants The Administrator shall establish criteria for grants under this section favoring recipients that provide startups the following: (1) Office, manufacturing, or warehouse space, including appropriate operations infrastructure. (2) Access to capital (either directly from the organization or though guidance and contacts for acquiring capital from outside investors), except that such capital may not be made available from the grant funds (including by making subgrants). (3) Access to professional services (either directly from the organization or guidance and contacts for acquiring those services) including accounting and legal services, except that litigation expenses may not be made available from the grant funds. (4) A formal structured mentorship or developmental program that assists startups with building business skills and competencies. (d) Considerations To be applied in choosing recipients In determining whether or not to make a grant under this section to an organization, the Administrator shall take into account the following: (1) If the organization is an existing organization, the previous record of that organization, as measured by— (A) the number of participating client businesses each of the previous 3 years, if applicable; (B) the number of businesses applying each of the previous 3 years, if applicable; (C) the retention rate of client businesses; (D) the average duration of client business participation in program; total, average, and median capital raised by participation client businesses; (E) the total, average, and median number of employees of participating client businesses; and (F) other metrics deemed appropriate by the Administrator. (2) Promoting growth in underserviced geographic areas with sufficient population density. (3) How experienced the entrepreneurial leadership of the organization is. (4) The ability of the organization to utilize and leverage local strengths, including human resources, infrastructure, or educational institutions. (e) Requirement of fee paid by participating startups Each recipient of a grant under this section shall require each participating client business in the program assisted under this section to pay, at minimum, a entry fee for participation in the program. (f) Matching public funding requirement The Small Business Administration shall require as condition of grant under this section, that the recipient obtain a grant from a local or State government for the same purposes as a grant may be made under this section, to carry out the program of the recipient assisted under this section. The amount of that grant from a local or State government may not be less than 1/2 the amount received by that recipient under this section. (g) Matching nonpublic funding requirement The Small Business Administration shall require as condition of grant under this section, that the recipient obtain nonpublic (defined as private or nonprofit) funding for the same purposes as a grant may be made under this section, to carry out the program of the recipient assisted under this section. The amount of that funding from a nonpublic source may not be less than 1/2 the amount received by that recipient under this section. (h) Consequences of failure To abide by terms and conditions of grant or requirements of this section Each recipient shall be notified that failure to abide by the terms and conditions of the grant or the requirements of this section may, in the discretion of the Administrator and in addition to any other civil or criminal consequences, result in recapture by the Administration of the grant funds. (i) Annual progress reporting by recipients of grants Each recipient of a grant under this section shall annually report to the Administrator on the progress of the program assisted under this section, including— (1) the number of participating client businesses each of the previous 3 years, if applicable; (2) the number of businesses applying each of the previous 3 years, if applicable; (3) the retention rate of client businesses; (4) the average duration of client business participation in program; (5) the total, average, and median capital raised by participation client businesses; (6) the total, average, and median number of employees of participating client businesses; and (7) other metrics deemed appropriate by the Administrator. (j) Report to congress The Administrator shall report annually to Congress the Administrator’s assessment of the effectiveness of the grant program under this section including the metrics listed in subsection (i). (k) Coordination with other small business administration programs The Administrator shall take appropriate action to encourage grantees under this section to utilize and incorporate Small Business Administration programs, such as Small Business Development Centers; Small Business Investment Companies, section 7(a) loans, and section 504 loans. (l) Listing on website The Administrator shall include a list of recipients of the grants under this section on the Small Business Administration website. (m) Definition In this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (n) Authorization of appropriation There are authorized to be appropriated to carry out this section $5,000,000 for each fiscal year beginning with the first fiscal year that begins after the date of the enactment of this Act and each of the succeeding 4 fiscal years. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4059ih/xml/BILLS-113hr4059ih.xml
113-hr-4060
I 113th CONGRESS 2d Session H. R. 4060 IN THE HOUSE OF REPRESENTATIVES February 14, 2014 Mr. Luetkemeyer (for himself, Mr. Bachus , Mr. Stivers , Mr. David Scott of Georgia , Mr. Murphy of Florida , and Ms. Sewell of Alabama ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to specify when bank holding companies may be subject to certain enhanced supervision, and for other purposes. 1. Short title This Act may be cited as the Systemic Risk Designation Improvement Act of 2014 . 2. Table of contents The table of contents for the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by striking the item relating to section 113 and inserting the following: Sec. 113. Authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies. . 3. Revisions to council authority (a) Purposes and duties Section 112 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5322 ) is amended in subsection (a)(2)(I) by inserting before the semicolon , which have been the subject of a final determination under section 113 . (b) Bank holding company designation Section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5323 ) is amended— (1) by amending the heading for such section to read as follows: Authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies ; (2) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), (h), (i), and (j), respectively; (3) by inserting after subsection (b) the following: (c) Bank holding companies subject to enhanced supervision and prudential standards under section 165 (1) Determination The Council, on a nondelegable basis and by a vote of not fewer than 2⁄3 of the voting members then serving, including an affirmative vote by the Chairperson, may determine that a bank holding company shall be subject to enhanced supervision and prudential standards by the Board of Governors, in accordance with section 165, if the Council determines, based on the considerations in paragraph (2), that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the bank holding company, could pose a threat to the financial stability of the United States. (2) Considerations In making a determination under paragraph (1), the Council shall use the indicator-based measurement approach established by the Basel Committee on Banking Supervision to determine systemic importance, which considers— (A) the size of the bank holding company; (B) the interconnectedness of the bank holding company; (C) the extent of readily available substitutes or financial institution infrastructure for the services of the bank holding company; (D) the global cross-jurisdictional activity of the bank holding company; and (E) the complexity of the bank holding company. (3) Exemption for certain bank holding companies This subsection shall not apply to a bank holding company with total consolidated assets of $50,000,000,000 or less. ; (4) in subsection (d), as so redesignated— (A) in paragraph (1)(A), by striking subsection (a)(2) or (b)(2) and inserting subsection (a)(2), (b)(2), or (c)(2) ; and (B) in paragraph (4), by striking Subsections (d) through (h) and inserting Subsections (e) through (i) ; (5) in subsections (e), (f), (g), (h), (i), and (j)— (A) by striking subsections (a) and (b) each place such term appears and inserting subsections (a), (b), and (c) ; and (B) by striking nonbank financial company each place such term appears and inserting bank holding company for which there has been a determination under subsection (c) or nonbank financial company ; (6) in subsection (g), as so redesignated, by striking subsection (e) and inserting subsection (f) ; (7) in subsection (h), as so redesignated, by striking subsection (a), (b), or (c) and inserting subsection (a), (b), (c), or (d) ; and (8) in subsection (i), as so redesignated, by striking subsection (d)(2), (e)(3), or (f)(5) and inserting subsection (e)(2), (f)(3), or (g)(5) . (c) Enhanced supervision Section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5325 ) is amended— (1) in subsection (a)(1), by striking large, interconnected bank holding companies and inserting bank holding companies which have been the subject of a final determination under section 113 ; (2) in subsection (a)(2)— (A) in subparagraph (A), by striking or at the end; (B) by striking the Council may and all that follows through differentiate and inserting the Council may differentiate ; and (C) by striking subparagraph (B); and (3) in subsection (b)(3), by striking subsections (a) and (b) of section 113 each place such term appears and inserting subsections (a), (b), and (c) of section 113 . (d) Reports Section 116(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5326(a) ) is amended by striking with total consolidated assets of $50,000,000,000 or greater and inserting which has been the subject of a final determination under section 113 . (e) Mitigation Section 121 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5331 ) is amended— (1) in subsection (a), by striking with total consolidated assets of $50,000,000,000 or more and inserting which has been the subject of a final determination under section 113 ; and (2) in subsection (c), by striking subsection (a) or (b) of section 113 and inserting subsection (a), (b), or (c) of section 113 . (f) Office of financial research Section 155 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5345 ) is amended in subsection (d) by striking with total consolidated assets of 50,000,000,000 or greater and inserting which have been the subject of a final determination under section 113 . 4. Revisions to Board authority (a) Acquisitions Section 163 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5363 ) is amended by striking with total consolidated assets equal to or greater than $50,000,000,000 each place such term appears and inserting which has been the subject of a final determination under section 113 . (b) Management interlocks Section 164 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5364 ) is amended by striking with total consolidated assets equal to or greater than $50,000,000,000 and inserting which has been the subject of a final determination under section 113 . (c) Enhanced supervision and prudential standards Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5365 ) is amended— (1) in subsection (a), by striking with total consolidated assets equal to or greater than $50,000,000,000 and inserting which have been the subject of a final determination under section 113 ; (2) in subsection (a)(2)— (A) by striking (A) In general.— ; and (B) by striking subparagraph (B); (3) by striking subsections (a) and (b) of section 113 each place such term appears and inserting subsections (a), (b), and (c) of section 113 ; and (4) in subsection (j), by striking with total consolidated assets equal to or greater than $50,000,000,000 and inserting which has been the subject of a final determination under section 113 . (d) Conforming Amendment The second subsection (s) (relating to Assessments, Fees, and Other Charges for Certain Companies ) of section 11 of the Federal Reserve Act ( 12 U.S.C. 248 ) is amended— (1) by redesignating such subsection as subsection (t); and (2) in paragraph (2)— (A) in subparagraph (A), by striking having total consolidated assets of $50,000,000,000 or more; and inserting which have been the subject of a final determination under section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; and ; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B). 5. Effective date (a) In general Subject to subsection (b), the amendments made by this Act shall take effect one year after the date of enactment of this Act. (b) Presumption of Determination Notwithstanding subsection (a), with respect to a bank holding company that has been identified by the Financial Stability Board as a Global Systemically Important Financial Institution, the Financial Stability Oversight Council may, upon enactment of this Act, begin proceedings for a determination under section 113(c) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as added by section 3(b)(3), but the Council may not make a final determination under such section 113(c) with respect to a bank holding company before the effective date described under subsection (a).
https://www.govinfo.gov/content/pkg/BILLS-113hr4060ih/xml/BILLS-113hr4060ih.xml
113-hr-4061
I 113th CONGRESS 2d Session H. R. 4061 IN THE HOUSE OF REPRESENTATIVES February 14, 2014 Mr. McDermott 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 reform the estate and gift tax. 1. Short title This Act may be cited as the Sensible Estate Tax Act of 2014 . 2. Modification of estate tax exclusion and estate tax rates (a) Exclusion amount (1) In general Subparagraph (A) of section 2010(c)(3) of the Internal Revenue Code of 1986 is amended by striking $5,000,000 and inserting $1,000,000 . (2) Inflation adjustment Subparagraph (B) of section 2010(c)(3) of such Code is amended— (A) by striking 2011 in the matter preceding clause (i) and inserting 2014 , and (B) by striking 2010 in clause (ii) and inserting 2000 . (b) Estate tax rates (1) In general The table contained in subsection (c) of section 2001 of such Code is amended by striking Over $1,000,000 and all that follows and inserting the following: Over $1,000,000 but not over $1,250,000 $345,800, plus 41 percent of the excess of such amount over $1,000,000.  Over $1,250,000 but not over $1,500,000 $448,300, plus 43 percent of the excess of such amount over $1,250,000.  Over $1,500,000 but not over $5,000,000 $555,800, plus 45 percent of the excess of such amount over $1,500,000.  Over $5,000,000 but not over $10,000,000 $2,130,800, plus 50 percent of the excess of such amount over $5,000,000.  Over $10,000,000 $4,630,800, plus 55 percent of the excess of such amount over $10,000,000. . (2) Adjustment for inflation Subsection (c) of section 2001 of such Code is amended— (A) by inserting the following before the table contained therein: (1) In general , and (B) by adding at the end the following new paragraph: (2) Inflation adjustment In the case of any decedent dying in a calendar year after 2014— (A) each minimum and maximum dollar amount for each rate bracket in the table in paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting 2000 for 1992 in subparagraph (B) thereof, and (B) each of the amounts setting forth the tax under such table shall be adjusted to the extent necessary to reflect the adjustments in the rate brackets made by subparagraph (A). If any increase determined under subparagraph (A) is not a multiple of $10,000, such increase shall be rounded to the nearest multiple of $10,000. . (c) Coordination with gift tax To reflect decrease in applicable credit amount Subsection (g) of section 2001 of such Code is amended to read as follows: (g) Modifications to gift tax calculation For purposes of applying subsection (b)(2) with respect to 1 or more gifts— (1) Modifications to reflect different tax rates The rates of tax under subsection (c) in effect at the decedent’s death shall, in lieu of the rates of tax in effect at the time of such gifts, be used both to compute— (A) the tax imposed by chapter 12 with respect to such gifts, and (B) the credit allowed against such tax under section 2505, including in computing— (i) the amount determined under section 2505(a)(1), and (ii) the sum of the amounts allowed as a credit for all preceding periods under section 2505(a)(2). (2) Modification to reflect reduced applicable credit amounts The amount determined under section 2505(a)(1) for each calendar year shall not exceed the estate’s applicable credit amount under section 2010(c). . (d) Effective date Except as otherwise provided by in this subsection, the amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2014. 3. Restoration of credit for State transfer tax (a) In general Section 2011 of the Internal Revenue Code of 1986 is amended by striking subsection (f). (b) Repeal of deduction for state transfer taxes (1) In general Section 2058 of such Code is amended by adding at the end the following: (c) Termination This section shall not apply to the estates of decedents dying after December 31, 2014. . (2) Conforming amendment Section 2106(a)(4) of such Code is amended by adding at the end the following new sentence: This paragraph shall not apply to the estates of decedents dying after December 31, 2014. . (c) Effective date The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2014. 4. Valuation rules for certain transfers of nonbusiness assets; limitation on minority discounts (a) In general Section 2031 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (f) and by inserting after subsection (c) the following new subsections: (d) Valuation rules for certain transfers of nonbusiness assets For purposes of this chapter and chapter 12— (1) In general In the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092)— (A) the value of any nonbusiness assets held by the entity shall be determined as if the transferor had transferred such assets directly to the transferee (and no valuation discount shall be allowed with respect to such nonbusiness assets), and (B) the nonbusiness assets shall not be taken into account in determining the value of the interest in the entity. (2) Nonbusiness assets For purposes of this subsection— (A) In general The term nonbusiness asset means any asset which is not used in the active conduct of 1 or more trades or businesses. (B) Exception for certain passive assets Except as provided in subparagraph (C), a passive asset shall not be treated for purposes of subparagraph (A) as used in the active conduct of a trade or business unless— (i) the asset is property described in paragraph (1) or (4) of section 1221(a) or is a hedge with respect to such property, or (ii) the asset is real property used in the active conduct of 1 or more real property trades or businesses (within the meaning of section 469(c)(7)(C)) in which the transferor materially participates and with respect to which the transferor meets the requirements of section 469(c)(7)(B)(ii). For purposes of clause (ii), material participation shall be determined under the rules of section 469(h), except that section 469(h)(3) shall be applied without regard to the limitation to farming activity. (C) Exception for working capital Any asset (including a passive asset) which is held as a part of the reasonably required working capital needs of a trade or business shall be treated as used in the active conduct of a trade or business. (3) Passive asset For purposes of this subsection, the term passive asset means any— (A) cash or cash equivalents, (B) except to the extent provided by the Secretary, stock in a corporation or any other equity, profits, or capital interest in any entity, (C) evidence of indebtedness, option, forward or futures contract, notional principal contract, or derivative, (D) asset described in clause (iii), (iv), or (v) of section 351(e)(1)(B), (E) annuity, (F) real property used in 1 or more real property trades or businesses (as defined in section 469(c)(7)(C)), (G) asset (other than a patent, trademark, or copyright) which produces royalty income, (H) commodity, (I) collectible (within the meaning of section 401(m)), or (J) any other asset specified in regulations prescribed by the Secretary. (4) Look-thru rules (A) In general If a nonbusiness asset of an entity consists of a 10-percent interest in any other entity, this subsection shall be applied by disregarding the 10-percent interest and by treating the entity as holding directly its ratable share of the assets of the other entity. This subparagraph shall be applied successively to any 10-percent interest of such other entity in any other entity. (B) 10-percent interest The term 10-percent interest means— (i) in the case of an interest in a corporation, ownership of at least 10 percent (by vote or value) of the stock in such corporation, (ii) in the case of an interest in a partnership, ownership of at least 10 percent of the capital or profits interest in the partnership, and (iii) in any other case, ownership of at least 10 percent of the beneficial interests in the entity. (C) Exception for actively traded interests Subparagraph (A) shall not apply to any nonbusiness asset which consists of an interest which is actively traded (within the meaning of section 1092). (5) Coordination with subsection (b) Subsection (b) shall apply after the application of this subsection. (e) Limitation on minority discounts For purposes of this chapter and chapter 12, in the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092), no discount shall be allowed by reason of the fact that the transferee does not have control of such entity if the transferee and members of the family (as defined in section 2032A(e)(2)) of the transferee have control of such entity (determined immediately after such transfer). . (b) Effective date The amendments made by this section shall apply to transfers after the date of the enactment of this Act. 5. Consistent basis reporting between estate and person acquiring property from decedent (a) Consistent use of basis (1) Property acquired from a decedent Section 1014 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Basis must be consistent with estate tax return (1) In general For purposes of this section, the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the value of such interest as finally determined for purposes of chapter 11. (2) Special rule where no final determination In any case in which the final value of property has not been determined under chapter 11 and there has been a statement furnished under section 6035(a), the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the amount reported on any statement furnished under section 6035(a). (3) Regulations The Secretary may by regulations provide exceptions to the application of this subsection. . (2) Property acquired by gifts and transfers in trust Section 1015 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Basis must be consistent gift tax return (1) In general For purposes of this section, the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the value of such interest as finally determined for purposes of chapter 12. (2) Special rule where no final determination In any case in which the final value of property has not been determined under chapter 12 and there has been a statement furnished under section 6035(b), the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the amount reported on any statement furnished under section 6035(b). (3) Regulations The Secretary may by regulations provide exceptions to the application of this subsection. . (b) Information reporting (1) In general Subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6034A the following new section: 6035. Basis information to persons acquiring property from decedent or by gift (a) Information with respect to property acquired from decedents (1) In general The executor of any estate required to file a return under section 6018(a) shall furnish to the Secretary and to each person acquiring any interest in property included in the decedent's gross estate for Federal estate tax purposes a statement identifying the value of each interest in such property as reported on such return and such other information with respect to such interest as the Secretary may prescribe. (2) Statements by beneficiaries Each person required to file a return under section 6018(b) shall furnish to the Secretary and to each other person who holds a legal or beneficial interest in the property to which such return relates a statement identifying the information described in paragraph (1). (3) Time for furnishing statement (A) In general Each statement required to be furnished under paragraph (1) or (2) shall be furnished at such time as the Secretary may prescribe, but in no case at a time later than the earlier of— (i) the date which is 30 days after the date on which the return under section 6018 was required to be filed (including extensions, if any), or (ii) the date which is 30 days after the date such return is filed. (B) Adjustments In any case in which there is an adjustment to the information required to be included on a statement filed under paragraph (1) or (2) after such statement has been filed, a supplemental statement under such paragraph shall be filed not later than the date which is 30 days after such adjustment is made. (b) Information with respect to property acquired by gift (1) In general Each person making a transfer by gift who is required to file a return under section 6019 with respect to such transfer shall furnish to the Secretary and to each person acquiring any interest in property by reason of such transfer a statement identifying the value of each interest in such property as reported on such return and such other information with respect to such interest as the Secretary may prescribe. (2) Time for furnishing statement (A) In general Each statement required to be furnished under paragraph (1) shall be furnished at such time as the Secretary may prescribe, but in no case at a time later than the earlier of— (i) the date which is 30 days after the date on which the return under section 6019 was required to be filed (including extensions, if any), or (ii) the date which is 30 days after the date such return is filed. (B) Adjustments In any case in which there is an adjustment to the information required to be included on a statement filed under paragraph (1) after such statement has been filed, a supplemental statement under such paragraph shall be filed not later than the date which is 30 days after such adjustment is made. (c) Regulations The Secretary shall prescribe such regulations as necessary to carry out this section, including regulations relating to— (1) the application of this section to property with regard to which no estate or gift tax return is required to be filed, and (2) situations in which the surviving joint tenant or other recipient may have better information than the executor regarding the basis or fair market value of the property. . (2) Penalty for failure to file (A) Return Section 6724(d)(1) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by inserting after subparagraph (C) the following new subparagraph: (D) any statement required to be filed with the Secretary under section 6035. . (B) Statement Section 6724(d)(2) of such Code is amended by striking or at the end of subparagraph (GG), by striking the period at the end of subparagraph (HH) and inserting , or , and by inserting after subparagraph (HH) the following new subparagraph: (II) section 6035 (other than a statement described in paragraph (1)(D)). . (3) Clerical amendment The table of sections for subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6034A the following new item: Sec. 6035. Basis information to persons acquiring property from decedent or by gift. . (c) Penalty for inconsistent reporting (1) In general Subsection (b) of section 6662 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (7) the following new paragraph: (8) Any inconsistent estate or gift basis. . (2) Inconsistent basis reporting Section 6662 of such Code is amended by adding at the end the following new subsection: (k) Inconsistent estate or gift basis reporting For purposes of this section, the term inconsistent estate or gift basis means the portion of the understatement which is attributable to— (1) in the case of property acquired from a decedent, a basis determination with respect to such property which is not consistent with the value of such property as determined under section 1014(f), and (2) in the case of property acquired by gift, a basis determination with respect to such property which is not consistent with the value of such property as determined under section 1015(f). . (d) Effective date The amendments made by this section shall apply to transfers for which returns are filed after the date of the enactment of this Act. 6. Required minimum 10-year term, etc., for grantor retained annuity trusts (a) In general Subsection (b) of section 2702 of the Internal Revenue Code of 1986 is amended— (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right; (2) by striking For purposes of and inserting the following: (1) In general For purposes of ; (3) by striking paragraph (1) or (2) in paragraph (1)(C) (as so redesignated) and inserting subparagraph (A) or (B) ; and (4) by adding at the end the following new paragraph: (2) Additional requirements with respect to grantor retained annuities For purposes of subsection (a), in the case of an interest described in paragraph (1)(A) (determined without regard to this paragraph) which is retained by the transferor, such interest shall be treated as described in such paragraph only if— (A) the right to receive the fixed amounts referred to in such paragraph is for a term of not less than 10 years, (B) such fixed amounts, when determined on an annual basis, do not decrease relative to any prior year during the first 10 years of the term referred to in subparagraph (A), and (C) the remainder interest has a value greater than zero determined as of the time of the transfer. . (b) Effective date The amendments made by this section shall apply to transfers made after the date of the enactment of this Act. 7. Limitation on GST exemption of perpetual dynasty trusts (a) In general Section 2642 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Expiration of GST exemption 90 years after establishment of trust (1) In general In the case of any generation-skipping transfer made from a trust after the date which is 90 years after the date on which such trust is created, the inclusion ratio with respect to any property transferred in such transfer shall be 1. (2) Special rules For purposes of this subsection— (A) Date of creation of certain deemed separate trusts In the case of any portion of a trust which is treated as a separate trust under section 2654(b)(1), such separate trust shall be treated as created on the date of the first transfer described in such section with respect to such separate trust. (B) Date of creation of pour-over trusts In the case of any generation-skipping transfer of property which involves the transfer of property from 1 trust to another trust, the date of the creation of the transferee trust shall be treated as being the earlier of— (i) the date of the creation of such transferee trust, or (ii) the date of the creation of the transferor trust. In the case of multiple transfers to which the preceding sentence applies, the date of the creation of the transferor trust shall be determined under the preceding sentence before the application of the preceding sentence to determine the date of the creation of the transferee trust. (C) Exception for certain transfers for education and medical expenses Subparagraph (B) shall not apply to the transfer of property from 1 trust to another trust if— (i) such transfer is described in section 2642(c)(2), and (ii) the individual referred to in such section with respect to the transferee trust was also a beneficiary of the transferor trust. (3) Regulations The Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. . (b) Effective date (1) In general The amendments made this section shall apply to— (A) trusts created after the date of the enactment of this Act, and (B) generation-skipping transfers made from trusts created on or before such date, but only to the extent such transfer is made out of corpus added to the trust after such date (or out of income attributable to corpus so added). (2) Determination of date of creation For purposes of this subsection, the rules of sections 2642(h)(2) (as added by this section) and 2654(b) of the Internal Revenue Code of 1986 shall apply for purposes of determining the date of the creation of any trust. (3) Exceptions The Secretary of the Treasury, or his designee, shall issue regulations or other guidance which provide exceptions to the application of the amendments made by this section which are substantially similar to the relevant exceptions under paragraph (2) of section 1433(b) of the Tax Reform Act of 1986.
https://www.govinfo.gov/content/pkg/BILLS-113hr4061ih/xml/BILLS-113hr4061ih.xml
113-hr-4062
I 113th CONGRESS 2d Session H. R. 4062 IN THE HOUSE OF REPRESENTATIVES February 14, 2014 Mr. McDermott 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 the income exclusion for discharge of qualified principal residence indebtedness, to provide exclusions from income for certain payments under the National Mortgage Settlement, and for other purposes. 1. Short title This Act may be cited as the Homeowner Tax Fairness Act . 2. Extension of income exclusion for discharge of qualified principal residence indebtedness (a) In general Subparagraph (E) of section 108(a)(1) of the Internal Revenue Code of 1986 is amended by striking January 1, 2014 and inserting January 1, 2017 . (b) Application to certain agreements Subparagraph (E) of section 108(a)(1) of such Code, as amended by subsection (a), is amended by inserting before the period the following: , or which is discharged after such date pursuant to an agreement entered into before such date under the programs created pursuant to, or using funds authorized by the Emergency Economic Stabilization Act of 2008 . (c) Effective date (1) Subsection (a) The amendment made by subsection (a) shall apply to discharges in taxable years beginning after December 31, 2013. (2) Subsection (b) The amendment made by subsection (b) shall take effect on the date of the enactment of this Act. 3. Extension of deduction for mortgage insurance premiums (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, 2015 . (b) Effective date The amendment made by this section shall apply to amounts paid or accrued after December 31, 2013. 4. Exclusions relating to National Mortgage Settlement payments (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting before section 140 the following new section: 139F. National Mortgage Settlement (a) General rule In the case of an individual, gross income shall not include any National Mortgage Settlement amount. (b) National Mortgage Settlement amount defined For purposes of subsection (a), the term National Mortgage Settlement amount means, with respect to any amount received under the National Mortgage Settlement, an amount which is— (1) a payment for transitional assistance, (2) a payment from the Borrower Payment Fund under the National Mortgage Settlement to a borrower whose qualified principal residence was sold or taken in foreclosure after December 31, 2007, and before January 1, 2014, or (3) a payment received as a result of a foreclosure or excess charge of interest that the United States Department of Justice has determined was not in compliance with the Servicemembers Civil Relief Act. (c) Disregard of refund of excess mortgage interest and related damages In the case of an individual, the amount of interest refunded and damages paid under the National Mortgage Settlement for excess charges of mortgage interest described in subsection (b)(3)— (1) shall be disregarded for purposes of this chapter, and (2) no adjustment of the deduction allowable under section 163(h) shall be made as a result of such refund. (d) National Mortgage Settlement For purposes of this section, the term National Mortgage Settlement means any consent agreement entered into in settlement of the action entitled The United States of America, et al. against Bank of America Corporation, et al. , filed in the United States District Court for the District of Columbia on March 12, 2012 (case numbered 1:12–cv–00361–RMC). . (b) Clerical amendment The table of sections for such part III is amended by inserting before the item relating to section 140 the following new item: Sec. 139F. National Mortgage Settlement. . (c) Effective date The amendments made by this section shall apply to amounts paid on or after February 9, 2012, in taxable years ending after such date. 5. Denial of business deduction for National Mortgage Settlement payments (a) In general Section 162 of such Code is amended by redesignating subsection (q) as subsection (r) and by inserting after subsection (p) the following new subsection: (q) National Mortgage Settlement (1) In general No deduction shall be allowed under this chapter for any National Mortgage Settlement amount that was paid in exchange for a full release of the United States potential civil claims under the Servicemembers Civil Relief Act. (2) National Mortgage Settlement amount The term National Mortgage Settlement amount has the meaning given such term by section 139F. . (b) Effective date The amendments made by this section shall apply to amounts paid in taxable years ending after February 1, 2014.
https://www.govinfo.gov/content/pkg/BILLS-113hr4062ih/xml/BILLS-113hr4062ih.xml
113-hr-4063
I 113th CONGRESS 2d Session H. R. 4063 IN THE HOUSE OF REPRESENTATIVES February 14, 2014 Mr. Payne (for himself and Mr. Rodney Davis of Illinois ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Workforce Investment Act of 1998 to direct the Secretary of Labor to develop performance measures for individuals who receive entrepreneurial training as a part of any workforce investment activity, to create requirements for providers of workforce investment activities that offer entrepreneurial training, and for other purposes. 1. Short title This Act may be cited as the Growing Small Businesses Act of 2014 . 2. Performance measures for entrepreneurial training (a) In general Section 136(i) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(i) ) is amended by adding at the end the following new paragraph: (4) Entrepreneurship metric The Secretary shall develop separate performance measures for individuals who receive entrepreneurial training as a part of any workforce investment activity funded under this subtitle. . (b) Rulemaking Not later than 6 months after the date of enactment of this Act, the Secretary of Labor shall initiate a rulemaking process to develop the performance measures described in section 136(i)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(i)(4)). 3. Requirements for providers of workforce investment activities that offer entrepreneurial training Section 134(d)(4) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(d)(4) ) is amended by adding at the end the following new subparagraph: (H) Requirements for providers of entrepreneurial training services (i) In general A provider of training services that offers entrepreneurial training services under this paragraph shall— (I) use intake tools that assess an individual’s suitability for referral to entrepreneurial training services; (II) submit a report to the local workforce investment board that includes the number of individuals who express interest in self-employment or starting a business and enroll entrepreneurial training services; and (III) develop partnerships with microbusiness development organizations that have demonstrated capacity to provide education, training, counseling, and coaching focused on helping new and low and moderate income entrepreneurs succeed. (ii) Definitions In this subparagraph— (I) the term microbusiness development organization means a nonprofit entity or a program administered by such an entity that provides services to disadvantaged or prospective entrepreneurs; and (II) the term low and moderate income entrepreneur means an entrepreneur located in a HUBZone (as defined in section 3(p) of the Small Business Act ( 15 U.S.C. 632(p) )), an Urban Empowerment Zone or Urban Enterprise Community (as designated by the Secretary of the Department of Housing and Urban Development), a Rural Empowerment Zone or Rural Enterprise Community (as designated by the Secretary of the Department of Agriculture), an area of Low Income or Moderate Income (as recognized by the Federal Financial Institutions Examination Council), or a county with Persistent Poverty (as classified by the Economic Research Service of the Department of Agriculture). .
https://www.govinfo.gov/content/pkg/BILLS-113hr4063ih/xml/BILLS-113hr4063ih.xml
113-hr-4064
I 113th CONGRESS 2d Session H. R. 4064 IN THE HOUSE OF REPRESENTATIVES February 14, 2014 Mr. Scalise (for himself and Mrs. Brooks of Indiana ) 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 provide that the individual health insurance mandate not apply until the employer health insurance mandate is enforced without exceptions. 1. Short title This Act may be cited as the Freeing Americans from Inequitable Requirements Act of 2014 or the FAIR Act of 2014 . 2. Findings; purpose (a) Findings Congress finds the following: (1) Since the passage of the Patient Protection and Affordable Care Act (hereafter referred to as PPACA ), the Administration—through the Department of Health and Human Services and the Department of the Treasury—has unilaterally delayed or changed PPACA at least eighteen times. (2) On July 2, 2013, the Administration delayed until 2015 the PPACA requirement that employers with at least 50 full-time equivalent employees provide health coverage for their full-time workers or risk paying a penalty to the Internal Revenue Service. (3) On February 10, 2014, the Administration once again delayed the PPACA requirement until 2016 for employers with between 50 and 99 full-time equivalent employees to provide qualified health insurance to their employees. (4) The Administration lacks the authority to unilaterally change statutorily defined dates in order to delay the implementation of any provision of PPACA. (5) If the Administration continues to suspend the penalties for businesses absent any statutory authority, then the penalties for all Americans should be suspended on the basis of fundamental fairness. (b) Purpose The purpose of this Act is to require the suspension of the enforcement of penalties associated with the individual mandate should the Administration unilaterally announce a suspension of the enforcement of penalties for any component of the employer mandate. 3. Individual health insurance mandate delayed until employer health insurance mandate enforced without exceptions (a) In general Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Delay until employer health insurance mandate enforced without exceptions This section shall not apply with respect to any month which begins before the date on which the Secretary submits to Congress a certification that section 4980H is being applied and administered without any administratively created exceptions. . (b) Effective date The amendment made by this section shall apply to months beginning after December 31, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr4064ih/xml/BILLS-113hr4064ih.xml
113-hr-4065
I 113th CONGRESS 2d Session H. R. 4065 IN THE HOUSE OF REPRESENTATIVES February 14, 2014 Mr. Serrano introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require mobile service providers and mobile device manufacturers to give consumers the ability to remotely delete data from mobile devices and render such devices inoperable. 1. Short title This Act may be cited as the Smartphone Theft Prevention Act . 2. Findings Congress finds that— (1) mobile device theft costs consumers $30,000,000,000 each year, according to the Federal Communications Commission; (2) 1 in 3 robberies include the theft of a mobile device; (3) carriers, manufacturers, law enforcement, and the Federal Communications Commission have worked to address the growing trend of mobile device theft, but more remains to be done; (4) consumers deserve to have the most secure technology available to protect them and their information; (5) technological protections continue to develop, evolve, and improve in ways that are good for the economy and the consumers of the United States, and for public safety in the United States; (6) the wireless industry should work with law enforcement to educate consumers about the security tools that are available to them and how to keep their data, their devices, and themselves safe; and (7) because engineering and security needs change rapidly, the mobile device industry, law enforcement, and consumer advocates are best suited to proactively develop solutions to protect consumers, drive innovation, and deter theft. 3. Function for stolen mobile devices (a) In general Part I of title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. ) is amended by adding at the end the following: 343. Function for stolen mobile devices (a) Definitions In this section— (1) the term account holder , with respect to a mobile device— (A) means the person who holds the account through which commercial mobile service or commercial mobile data service is provided on the device; and (B) includes a person authorized by the person described in subparagraph (A) to take actions with respect to the device; (2) the term commercial mobile data service has the meaning given the term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1401 ); (3) the term commercial mobile service has the meaning given the term in section 332; and (4) the term mobile device means a personal electronic device on which commercial mobile service or commercial mobile data service is provided. (b) Requirements (1) Function A provider of commercial mobile service or commercial mobile data service on a mobile device shall make available on the device a function that— (A) may only be used by the account holder; and (B) includes the capability to remotely— (i) delete or render inaccessible from the device all information relating to the account holder that has been placed on the device; (ii) render the device inoperable on the network of any provider of commercial mobile service or commercial mobile data service globally, even if the device is turned off or has the data storage medium removed; (iii) prevent the device from being reactivated or reprogrammed without a passcode or similar authorization after the device has been— (I) rendered inoperable as described in clause (ii); or (II) subject to an unauthorized factory reset; and (iv) reverse any action described in clause (i), (ii), or (iii) if the device is recovered by the account holder. (2) Device standards A person may not manufacture in the United States, or import into the United States for sale or resale to the public, a mobile device unless the device is configured in such a manner that the provider of commercial mobile service or commercial mobile data service on the device may make available on the device the function required under paragraph (1). (3) Exemptions for functionally equivalent technology (A) Mobile service providers The Commission may exempt a provider of commercial mobile service or commercial mobile data service on a mobile device from the requirement under paragraph (1), with respect to that device, if the provider makes available on the device technology that accomplishes the functional equivalent of the function required under paragraph (1). (B) Manufacturers and importers The Commission may exempt a person from the requirement under paragraph (2), with respect to a mobile device that the person manufactures in the United States or imports into the United States for sale or resale to the public, if the device is configured in such a manner that the provider of commercial mobile service or commercial mobile data service on the device may make available on the device technology that accomplishes the functional equivalent of the function required under paragraph (1). (4) Waiver for low-cost, voice-only mobile devices The Commission may waive the applicability of the requirements under paragraphs (1) and (2) with respect to any low-cost mobile device that— (A) is intended for primarily voice-only mobile service; and (B) may have limited data consumption functions focused on text messaging or short message service. (c) No fee A provider of commercial mobile service or commercial mobile data service on a mobile device may not charge the account holder any fee for making the function described in subsection (b)(1), or any equivalent technology described in subsection (b)(3)(A), available to the account holder. (d) Forfeiture penalty (1) In general Any person that is determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b), to have violated subsection (b) or (c) of this section shall be liable to the United States for a forfeiture penalty, in an amount to be determined by the Commission. (2) Other penalties A forfeiture penalty under this subsection shall be in addition to any other penalty provided for in this Act. (e) Rule of construction Nothing in this section shall be construed to prohibit a manufacturer of mobile devices, or a provider of commercial mobile service or commercial mobile data service, from taking actions not described in this section to protect consumers from the theft of mobile devices. . (b) Applicability of function requirement (1) Definition In this subsection, the term mobile device has the meaning given the term in section 343 of the Communications Act of 1934, as added by subsection (a). (2) Applicability Except as provided in paragraph (3), section 343 of the Communications Act of 1934, as added by subsection (a), shall apply with respect to any mobile device that, on or after January 1, 2015, is— (A) manufactured in the United States; or (B) imported into the United States for sale to the public. (3) Compliance Extensions The Federal Communications Commission may exempt a person that is subject to any requirement under section 343(b) of the Communications Act of 1934, as added by subsection (a), from that requirement for a temporary period after the date described in paragraph (2) of this subsection, upon a showing by the person that the person requires more time to be able to comply with the requirement.
https://www.govinfo.gov/content/pkg/BILLS-113hr4065ih/xml/BILLS-113hr4065ih.xml
113-hr-4066
I 113th CONGRESS 2d Session H. R. 4066 IN THE HOUSE OF REPRESENTATIVES February 18, 2014 Mr. Whitfield (for himself, Mr. Latta , Mr. Welch , and Mr. Matheson ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To modify the efficiency standards for grid-enabled water heaters. 1. Grid-enabled water heaters Part B of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 et seq. ) is amended— (1) in section 325(e) ( 42 U.S.C. 6295(e) ), by adding at the end the following: (6) Additional standards for grid-enabled water heaters (A) Definitions In this paragraph: (i) Activation key The term activation key means a physical device or control directly on the water heater, a software code, or a digital communication— (I) that must be activated to enable the product to operate continuously and at its designed specifications and capabilities; and (II) without which activation the product will provide not greater than 50 percent of the rated first hour delivery of hot water certified by the manufacturer. (ii) Grid-enabled water heater The term grid-enabled water heater means an electric resistance water heater that— (I) has a rated storage tank volume of more than 75 gallons; (II) is manufactured on or after April 16, 2015; (III) has— (aa) an energy factor of not less than 1.061 minus the product obtained by multiplying— (AA) the rated storage volume of the tank, expressed in gallons; and (BB) 0.00168; or (bb) an efficiency level equivalent to the energy factor under item (aa) and expressed as a uniform energy descriptor based on the revised test procedure for water heaters described in paragraph (5); (IV) is equipped by the manufacturer with an activation key; and (V) bears a permanent label applied by the manufacturer that— (aa) is made of material not adversely affected by water; (bb) is attached by means of non-water-soluble adhesive; and (cc) advises purchasers and end-users of the intended and appropriate use of the product with the following notice printed in 16.5 point Arial Narrow Bold font: IMPORTANT INFORMATION: This water heater is intended only for use as part of an electric thermal storage or demand response program. It will not provide adequate hot water unless enrolled in such a program and activated by your utility company or another program operator. Confirm the availability of a program in your local area before purchasing or installing this product. . (B) Requirement The manufacturer or private labeler shall provide the activation key only to utilities or other companies operating electric thermal storage or demand response programs that use grid-enabled water heaters. (C) Reports (i) Manufacturers The Secretary shall require each manufacturer of grid-enabled water heaters to report to the Secretary annually the quantity of grid-enabled water heaters that the manufacturer ships each year. (ii) Operators The Secretary shall require utilities and other demand response and thermal storage program operators to report annually the quantity of grid-enabled water heaters activated for their programs using forms of the Energy Information Agency or using such other mechanism that the Secretary determines appropriate after an opportunity for notice and comment. (iii) Confidentiality requirements The Secretary shall treat shipment data reported by manufacturers as confidential business information. (D) Publication of information (i) In general In 2017 and 2019, the Secretary shall publish an analysis of the data collected under subparagraph (C) to assess the extent to which shipped products are put into use in demand response and thermal storage programs. (ii) Prevention of product diversion If the Secretary determines that sales of grid-enabled water heaters exceed by 15 percent or greater the quantity of such products activated for use in demand response and thermal storage programs annually, the Secretary shall, after opportunity for notice and comment, establish procedures to prevent product diversion for non-program purposes. (E) Compliance (i) In general Subparagraphs (A) through (D) shall remain in effect until the Secretary determines under this section that grid-enabled water heaters do not require a separate efficiency requirement. (ii) Effective date If the Secretary exercises the authority described in clause (i) or amends the efficiency requirement for grid-enabled water heaters, that action will take effect on the date described in subsection (m)(4)(A)(ii). (iii) Consideration In carrying out this section with respect to electric water heaters, the Secretary shall consider the impact on thermal storage and demand response programs, including the consequent impact on energy savings, electric bills, electric reliability, integration of renewable resources, and the environment. (iv) Requirements In carrying out this subparagraph, the Secretary shall require that grid-enabled water heaters be equipped with communication capability to enable the grid-enabled water heaters to participate in ancillary services programs if the Secretary determines that the technology is available, practical, and cost-effective. ; and (2) in section 332(a) ( 42 U.S.C. 6302(a) )— (A) in paragraph (5), by striking or at the end; (B) in the first paragraph (6), by striking the period at the end and inserting a semicolon; (C) by redesignating the second paragraph (6) as paragraph (7); (D) in subparagraph (B) of paragraph (7) (as so redesignated), by striking the period at the end and inserting ; or ; and (E) by adding at the end the following: (8) with respect to grid-enabled water heaters that are not used as part of an electric thermal storage or demand response program, for any person knowingly and repeatedly— (A) to distribute activation keys for those grid-enabled water heaters; (B) otherwise to enable the full operation of those grid-enabled water heaters; or (C) to remove or render illegible the labels of those grid-enabled water heaters. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4066ih/xml/BILLS-113hr4066ih.xml
113-hr-4067
I 113th CONGRESS 2d Session H. R. 4067 IN THE HOUSE OF REPRESENTATIVES February 18, 2014 Ms. Jenkins 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 provide for the extension of the enforcement instruction on supervision requirements for outpatient therapeutic services in critical access and small rural hospitals through 2014. 1. Extension of enforcement instruction on supervision requirements for outpatient therapeutic services in critical access and small rural hospitals through 2014 The Secretary of Health and Human Services shall continue to apply through calendar year 2014 the enforcement instruction described in the notice of the Centers for Medicare & Medicaid Services entitled Enforcement Instruction on Supervision Requirements for Outpatient Therapeutic Services in Critical Access and Small Rural Hospitals for CY 2013 , dated November 1, 2012 (providing for an exception to the restatement and clarification under the final rulemaking changes to the Medicare hospital outpatient prospective payment system and calendar year 2009 payment rates (published in the Federal Register on November 18, 2008, 73 Fed. Reg. 68702 through 68704) with respect to requirements for direct supervision by physicians for therapeutic hospital outpatient services).
https://www.govinfo.gov/content/pkg/BILLS-113hr4067ih/xml/BILLS-113hr4067ih.xml
113-hr-4068
I 113th CONGRESS 2d Session H. R. 4068 IN THE HOUSE OF REPRESENTATIVES February 18, 2014 Mr. Jones introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend the Servicemembers Civil Relief Act to require the consent of parties to contracts for the use of arbitration to resolve controversies arising under the contracts and subject to provisions of such Act and to preserve the rights of servicemembers to bring class actions under such Act, and for other purposes. 1. Short title This Act may be cited as the SCRA Rights Protection Act of 2014 . 2. Election of arbitration to resolve controversies under Servicemembers Civil Relief Act (a) In general Section 102 of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 512 ) is amended by adding at the end the following new subsection: (d) Written consent required for arbitration Notwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the servicemember’s spouse jointly, provides for the use of arbitration to resolve a controversy subject to a provision of this Act and arising out of or relating to such contract, arbitration may be used to settle such controversy only if, after such controversy arises, all parties to such controversy consent in writing to use arbitration to settle such controversy. . (b) Applicability Subsection (d) of such section, as added by subsection (a), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act. 3. Limitation on waiver of rights and protections under Servicemembers Civil Relief Act (a) In general Section 107(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 517(a) ) is amended— (1) in the second sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver after to which it applies ; and (2) in the third sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver after period of military service . (b) Applicability The amendment made by subsection (a) shall apply with respect to waivers made on or after the date of the enactment of this Act. 4. Preservation of right to bring class action under Servicemembers Civil Relief Act (a) In general Section 802(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 597a(a) ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary. . (b) Construction The amendments made by subsection (a) shall not be construed to imply that a person aggrieved by a violation of such Act did not have a right to bring a civil action as a representative party on behalf of members of a class or be a member of a class in a civil action before the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4068ih/xml/BILLS-113hr4068ih.xml
113-hr-4069
I 113th CONGRESS 2d Session H. R. 4069 IN THE HOUSE OF REPRESENTATIVES February 18, 2014 Mr. Marino (for himself and Mrs. Blackburn ) introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 improve enforcement efforts related to prescription drug diversion and abuse, and for other purposes. 1. Short title This Act may be cited as the Ensuring Patient Access and Effective Drug Enforcement Act of 2013 . 2. Registration process under Controlled Substances Act (a) Definitions (1) Consistent with the public health and safety Section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) is amended by adding at the end the following: (j) In this section, the phrase consistent with the public health and safety means having a substantial relationship to this Act’s purpose of preventing diversion and abuse of controlled substances. . (2) Imminent danger Section 304(d) of the Controlled Substances Act ( 21 U.S.C. 824(d) ) is amended— (A) by striking (d) The Attorney General and inserting (d)(1) The Attorney General ; and (B) by adding at the end the following: (2) In this subsection, the term imminent danger means a significant and present risk of death or serious bodily harm that is more likely than not to occur in the absence of an immediate suspension order. . (b) Criminal background checks and drug testing for employees with access to controlled substances (1) Requirements Section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) is amended by inserting before subsection (j) (as added by subsection (a)(1)) the following: (i) (1) The Attorney General shall require all registrants under subsections (a), (b), (d), or (e), as a condition of such registration— (A) to obtain a criminal background check on each of the registrant’s employees who has or will have access to facility areas where controlled substances under the registrant’s possession or control are stored, such as a cage, vault, or safe; and (B) to perform drug testing on each such employee in accordance with Federal and State law. (2) The criminal background checks required by paragraph (1) shall be obtained— (A) periodically, but not more frequently than every 2 years, for all employees of the registrant who are described in paragraph (1)(A); and (B) at the time of hire, for such employees who are hired after the date of enactment of the Ensuring Patient Access and Effective Drug Enforcement Act of 2013 . (3) The term drug testing means testing designed to detect the illegal use of a controlled substance. . (2) Conforming change Section 304(a) of the Controlled Substances Act ( 21 U.S.C. 823(a) ) is amended— (A) in paragraph (4), by striking or at the end; (B) in paragraph (5), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (6) has failed to comply with the requirements under section 303(i) (relating to criminal background checks and drug testing). . (3) Alternative civil penalty for failure To comply with criminal background check and drug testing requirements (A) Prohibited act Section 402(a) of the Controlled Substances Act ( 21 U.S.C. 842(a) ) is amended— (i) in paragraph (14), by striking or at the end; (ii) in paragraph (15), by striking the period at the end and inserting ; or ; and (iii) by inserting after paragraph (15) the following: (16) who is a registrant to fail to comply with the requirements under section 303(i) (relating to criminal background checks and drug testing); . (B) Maximum civil penalty of $10,000 Subsection (c)(1)(B) of the Controlled Substances Act ( 21 U.S.C. 842(c)(1)(B) ) is amended by striking paragraph (5) or (10) and inserting paragraph (5), (10), or (16) . (4) Regulations, guidance The Attorney General of the United States shall finalize such regulations and guidance as the Attorney General deems necessary to carry out the amendments made by this subsection. (5) Applicability The amendments made by this subsection shall apply beginning on the date that is 2 years after the date of enactment of this Act. (c) Opportunity To submit corrective action plan prior to revocation or suspension Section 304(c) of the Controlled Substances Act ( 21 U.S.C. 824(c) ) is amended— (1) by striking (c) Before and inserting (c)(1) Before ; and (2) by adding at the end the following: (2) Before revoking or suspending a registration pursuant to section 303, the Attorney General shall— (A) provide— (i) notice to the registrant of the grounds for revocation or suspension; and (ii) in the case of any such grounds consisting of a violation of law, a specific citation to such law; (B) give the registrant an opportunity to submit a corrective action plan within a reasonable period of time to demonstrate how the registrant plans to correct the grounds for revocation or suspension; and (C) determine whether— (i) in light of the plan, revocation or suspension proceedings should be discontinued or deferred; or (ii) additional changes need to be made in the corrective action plan. . 3. Combating Prescription Drug Abuse Working Group (a) Establishment There is established the Combating Prescription Drug Abuse Working Group (referred to in this section as the Working Group ). (b) Membership (1) Appointment (A) In general Not later than 180 days after the date of the enactment of this Act, the President shall appoint each member of the Working Group. (B) Composition The Working Group shall be composed of not more than 20 members and shall include at least 1 and not more than 3 of each of the following: (i) Public policy experts. (ii) Representatives of the Drug Enforcement Administration. (iii) Representatives of the Food and Drug Administration. (iv) Representatives of the Office of National Drug Control Policy. (v) Representatives of patient groups. (vi) Representatives of pharmacies. (vii) Representatives of manufacturers of drugs. (viii) Representatives of wholesale distributors of drugs. (ix) Representatives of hospitals, physicians, and other health care providers. (x) Representatives of State attorneys general. (xi) Representatives of law enforcement officials, including local law enforcement officials. (xii) Representatives of health benefits plans and entities that provide pharmacy benefits management services on behalf of a health benefits plans. (2) Co-chairs The co-chairs shall be elected by the members of the Working Group. The Working Group shall select for election from the members of the Group two individuals, of whom— (A) one shall be a representative of the Federal Government or a State government; and (B) one shall be a representative of a non-governmental entity. (3) Term; vacancies Each member shall be appointed for the life of the Working Group. Any vacancy in the Working Group shall not affect the powers of the Working Group and shall be filled in the same manner in which the original appointment was made. (4) Pay prohibited Members of the Working Group shall serve without pay. (c) Meetings The Working Group shall meet at the call of the co-chairs. The Working Group shall conduct at least two public meetings, at which the Working Group shall provide opportunity for public comment. (d) Duties of the Working Group (1) In general The Working Group shall— (A) review and report to Congress on Federal initiatives with respect to efforts to reduce prescription drug diversion and abuse; (B) identify gaps and opportunities with respect to ensuring the safe use of prescription drugs with the potential for diversion and abuse; (C) examine recommendations to transfer one or more controlled substances from schedule III to schedule II under the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) to evaluate— (i) the effectiveness of such a transfer in reducing diversion and abuse; and (ii) any effect of such a transfer on access to prescription drugs for legitimate medical purposes; and (D) make recommendations on specific ways to reduce the diversion and abuse of prescription drugs. (2) Report (A) In general Not later than one year after the date of the enactment of this Act, the Working Group shall issue a report to Congress that describes the efforts of the Working Group to prevent or reduce prescription drug diversion and abuse to ensure that patients continue to have access to medications. (B) Recommendations The report described in subparagraph (A) shall include specific recommendations for the Drug Enforcement Administration, the Food and Drug Administration, and other Federal and State agencies, as appropriate, and shall address the following topics: (i) Systems for prescription drug monitoring. (ii) Illegal prescription drug Internet sites and facilities that distribute and fill prescriptions indiscriminately. (iii) Facilitating proper disposal of prescription drugs. (iv) Identifying active geographic areas in which prescription drug abuse is prevalent. (v) Ensuring access to prescription drugs for legitimate medical purposes. (vi) Improving collaboration among Federal agencies, especially the Drug Enforcement Administration and the Food and Drug Administration, for purposes of coordinating prevention and enforcement efforts to reduce prescription drug diversion and abuse. (vii) Improving collaboration among Federal agencies and State agencies for purposes of coordinating prevention and enforcement efforts to reduce prescription drug diversion and abuse. (viii) The resource needs for law enforcement with respect to prescription drug abuse. (ix) The need for education of providers, patients, parents, and youth on prescription drug abuse. (x) Development of abuse-resistant prescription drug products. (xi) Recommendations for reducing robberies, burglaries, and cargo theft of prescription drugs. (e) Powers of the Working Group (1) Hearings The Working Group may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Working Group considers necessary. (2) Information from Federal agencies The Working Group may secure directly from any Federal department or agency such information as the Working Group considers necessary to carry out this section. Upon the request of the co-chairs of the Working Group, the head of such department or agency shall furnish such information to the Working Group in a timely manner. (f) Termination of the Working Group The Working Group shall terminate two years after the date on which the members are appointed under subsection (b).
https://www.govinfo.gov/content/pkg/BILLS-113hr4069ih/xml/BILLS-113hr4069ih.xml
113-hr-4070
I 113th CONGRESS 2d Session H. R. 4070 IN THE HOUSE OF REPRESENTATIVES February 21, 2014 Mrs. Blackburn (for herself, Mr. Duncan of South Carolina , Mr. Cramer , Mr. Shimkus , Mr. Scalise , and Mr. Latta ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the Federal Communications Commission from regulating certain network management practices of broadband Internet access service providers. 1. Short title This Act may be cited as the Internet Freedom Act . 2. Limitation on authority of FCC (a) In general The regulations adopted by the Federal Communications Commission in the Report and Order in the matter of preserving the open Internet and broadband industry practices (FCC 10–201; adopted December 21, 2010) shall have no force or effect, and the Commission may not reissue such regulations in substantially the same form, or issue new regulations that are substantially the same as such regulations, unless the reissued or new regulations are specifically authorized by a law enacted after the date of the enactment of this Act. (b) Exception This section does not apply to any regulations that the Federal Communications Commission determines necessary— (1) to prevent damage to the national security of the United States; (2) to ensure the public safety; or (3) to assist or facilitate any actions taken by a Federal or State law enforcement agency.
https://www.govinfo.gov/content/pkg/BILLS-113hr4070ih/xml/BILLS-113hr4070ih.xml
113-hr-4071
I 113th CONGRESS 2d Session H. R. 4071 IN THE HOUSE OF REPRESENTATIVES February 21, 2014 Mr. Schrader (for himself and Mr. Marino ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the National Flood Insurance Act of 1968 to provide for flood insurance policies with higher deductibles and lower rates. 1. Short title This Act may be cited as the Flood Insurance Flexibility Act of 2014 . 2. Optional high-deductible policies for certain properties Section 1306 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4013 ) is amended by adding at the end the following new subsection: (d) Optional high-Deductible policies (1) Option The Administrator shall make flood insurance coverage available for properties, at the option of the insured, having premiums and deductibles in the amounts provided under paragraph (2). (2) High-deductibles; risk premium rate Flood insurance coverage made available pursuant to this subsection for a property shall— (A) have an annual loss-deductible for damage to the covered property in an amount not less than $10,000 (as such amount is adjusted for inflation to the nearest $1,000 by the Administrator, using such index as the Administrator determines is appropriate), and the Administrator may make coverage available having such higher loss-deductible amounts as the Administrator considers feasible and appropriate; and (B) subject to any other provision of this Act, have a chargeable risk premium rate that, as determined by the Administrator, accurately reflects the current risk of flood to such property and the deductible under such coverage pursuant to subparagraph (A). .
https://www.govinfo.gov/content/pkg/BILLS-113hr4071ih/xml/BILLS-113hr4071ih.xml
113-hr-4072
I 113th CONGRESS 2d Session H. R. 4072 IN THE HOUSE OF REPRESENTATIVES February 21, 2014 Mr. Barrow of Georgia introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To prohibit the use of funds appropriated to any Federal department or agency to provide technical assistance to nongovernment entities for the production of motion pictures, television shows, and other audiovisual programs. 1. Prohibition on use of Federal funds to provide technical assistance for motion pictures, television shows, and other audiovisual programs No Federal department or agency may obligate or expend funds appropriated to the department or agency for a fiscal year to provide technical assistance to any nongovernment entity for the production of any motion picture, television show, documentary, music videos, commercial advertisement, CD–ROM game, or other audiovisual program.
https://www.govinfo.gov/content/pkg/BILLS-113hr4072ih/xml/BILLS-113hr4072ih.xml
113-hr-4073
I 113th CONGRESS 2d Session H. R. 4073 IN THE HOUSE OF REPRESENTATIVES February 21, 2014 Mr. Daines introduced the following bill; which was referred to the Committee on Oversight and Government Reform , 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 amend the Real ID Act of 2005 to repeal provisions requiring uniform State driver’s licenses and State identification cards, and for other purposes. 1. Short title This Act may be cited as the Repeal ID Act of 2014 . 2. Repeal of requirements for uniform State driver's licenses and State identification cards (a) Repeal Title II of the Real ID Act of 2005 ( 49 U.S.C. 30301 note) is repealed. (b) Conforming amendments (1) Title 18, U.S.C Section 1028(a)(8) of title 18, United States Code, is amended by striking false or actual authentication features and inserting false identification features . (2) Intelligence Reform and Terrorism Prevention Act of 2004 Section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ) is amended to read as if section 206 of the Real ID Act, as in effect on the date of the enactment of that Act, were not enacted.
https://www.govinfo.gov/content/pkg/BILLS-113hr4073ih/xml/BILLS-113hr4073ih.xml
113-hr-4074
I 113th CONGRESS 2d Session H. R. 4074 IN THE HOUSE OF REPRESENTATIVES February 21, 2014 Mr. Israel introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To hold war crimes suspects and Nazi war criminals accountable by encouraging foreign governments to more efficiently prosecute, extradite, deport, or accept for deportation such war crimes suspects and Nazi war criminals, and for other purposes. 1. Short title This Act may be cited as the War Crimes Accountability Act of 2014 . 2. Sense of Congress It is the sense of Congress that— (1) the United States should actively encourage prosecution of war crimes suspects and Nazi war criminals; (2) the Simon Wiesenthal Center should be commended for its historic work in bringing to light the atrocities of the Holocaust and in advancing justice for Nazi war criminals through Operation: Last Chance; (3) the pursuit and prosecution of war crimes suspects and Nazi war criminals—from the crimes of the Nazi era to the most recent conflicts in Sudan—is critical to maintenance of the rule of law globally; and (4) pursuit of war crimes suspects includes enforcement of an arrest warrant issued by an international tribunal against war crimes suspects indicted by such international tribunal, including war crimes suspects visiting a foreign country. 3. Identification of countries failing to cooperate satisfactorily with relevant jurisdictions in extraditing or deporting war crimes suspects or Nazi war criminals (a) Report The President shall submit to Congress for each of fiscal years 2015 through 2019 a report that identifies each country that is failing to— (1) cooperate satisfactorily with relevant jurisdictions in extraditing or deporting war crimes suspects or Nazi war criminals to the jurisdiction in which such war crimes suspects or Nazi war criminals, as the case may be, have been indicted or convicted; (2) enforce arrest warrants issued by an international tribunal against war crimes suspects indicted by such international tribunal, including war crimes suspects visiting a foreign country; (3) accept Nazi war criminals deported from the United States; or (4) effectively prosecute war crimes suspects or Nazi war criminals within such country’s jurisdiction, including Nazi war criminals who resided in the United States and were deported from or extradited by the United States or left the United States voluntarily. (b) Matters To be included Each such report shall include detailed information regarding the war crimes suspects and Nazi war criminals described in subsection (a). (c) Form Each such report, and the identification of each country in such report, shall be submitted in an unclassified form, but may contain a classified annex if necessary. 4. Prohibition on government-to-government sales of defense articles under the Arms Export Control Act to countries identified under section 3 (a) Prohibition For each country identified in the report under section 3 for a fiscal year, the President may not issue a letter of offer to sell defense articles under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) for $7,000,000 or more to such country for the subsequent fiscal year pursuant to section 36(b) of such Act ( 22 U.S.C. 2776(b) ). (b) Waiver The President may waive the prohibition in subsection (a) for any fiscal year in which a letter of offer may be issued by the United States Government if the President determines and certifies to Congress that it is in the national security interest of the United States to do so. 5. Definitions In this Act: (1) Nazi war criminal The term Nazi war criminal means any person accused of or indicted for ordering, inciting, assisting, or otherwise participating in the persecution of any person because of race, religion, national origin, or political opinion during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with— (A) the Nazi government of Germany; (B) any government in any area occupied by the military forces of the Nazi government of Germany; (C) any government established with the assistance or cooperation of the Nazi government of Germany; or (D) any government which was an ally of the Nazi government of Germany. (2) War crimes suspect The term war crimes suspect means any person accused by an international tribunal of planning, ordering, assisting, aiding and abetting, committing, or otherwise participating in, including through command responsibility, war crimes, crimes against humanity, genocide or other serious violations of human rights, or who attempted or conspired to do so. 6. Effective date This Act shall take effect on the date that is 90 days after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4074ih/xml/BILLS-113hr4074ih.xml
113-hr-4075
I 113th CONGRESS 2d Session H. R. 4075 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Barber introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide funding to the National Institute of Mental Health to support suicide prevention and brain research, including funding for the Brain Research Through Advancing Innovative Neurotechnologies (BRAIN) Initiative. 1. Short title This Act may be cited as the Suicide Prevention Research INnovaTion Act or the SPRINT Act . 2. Suicide prevention and brain research Subpart 16 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285p et seq. ) is amended by adding at the end the following: 464U–1. Suicide prevention and brain research (a) In general The Director of the National Institute of Mental Health shall use the funds made available to such Institute pursuant to subsection (b) exclusively for the purpose of conducting and supporting— (1) research on the determinants of self-directed and other violence associated with mental illness, including studies designed to reduce the risk of self-harm, suicide, and interpersonal violence, especially in rural communities with a shortage of mental health services; and (2) brain research through the Brain Research Through Advancing Innovative Neurotechnologies (BRAIN) Initiative. (b) Authorization of appropriations In addition to amounts otherwise made available to the National Institute of Mental Health, including amounts appropriated pursuant to section 402A(a), there are authorized to be appropriated to such Institute $40,000,000 for each of fiscal years 2015 through 2019 to carry out this section. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4075ih/xml/BILLS-113hr4075ih.xml
113-hr-4076
I 113th CONGRESS 2d Session H. R. 4076 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Shuster (for himself, Mr. Ryan of Ohio , Mr. Petri , Mr. Walz , Mr. Ribble , Mr. Kind , Mr. Latta , Mrs. Walorski , Mr. Dent , and Mr. Duffy ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To address shortages and interruptions in the availability of propane and other home heating fuels in the United States, and for other purposes. 1. Short title This Act may be cited as the Home Heating Emergency Assistance Through Transportation Act of 2014 or the HHEATT Act of 2014 . 2. Propane and home heating fuel emergency transportation (a) In general Notwithstanding any other provision of law, a covered emergency exemption issued by the Federal Motor Carrier Safety Administration shall remain in effect until May 31, 2014, unless the Secretary of Transportation, after consultation with the Governors of affected States, determines that the emergency for which the exemption was provided ends before that date. (b) Covered emergency exemption defined In this section, the term covered emergency exemption means an exemption issued under section 390.23 of title 49, Code of Federal Regulations, or extended under section 390.25 of such title that— (1) was issued or extended during the period beginning on February 5, 2014, and ending on the date of enactment of this Act; and (2) provided regulatory relief for commercial motor vehicle operations providing direct assistance supporting the delivery of propane and home heating fuels. (c) Rule of construction Nothing in subsection (a) may be construed to prohibit the Federal Motor Carrier Safety Administration from issuing or extending a covered emergency exemption beyond May 31, 2014, under other Federal law.
https://www.govinfo.gov/content/pkg/BILLS-113hr4076ih/xml/BILLS-113hr4076ih.xml
113-hr-4077
I 113th CONGRESS 2d Session H. R. 4077 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Conyers (for himself and Mr. Benishek ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To ensure and foster continued patient safety and quality of care by clarifying the application of the antitrust laws to negotiations between groups of health care professionals and health plans and health care insurance issuers. 1. Short title This Act may be cited as the Quality Health Care Coalition Act of 2014 . 2. Application of the Federal antitrust laws to health care professionals negotiating with health plans (a) In general Any health care professionals who are engaged in negotiations with a health plan regarding the terms of any contract under which the professionals provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be exempt from the Federal antitrust laws. (b) Limitation (1) No new right for collective cessation of service The exemption provided in subsection (a) shall not confer any new right to participate in any collective cessation of service to patients not already permitted by existing law. (2) No change in National Labor Relations Act This section applies only to health care professionals excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (c) No application to Federal programs Nothing in this section shall apply to negotiations between health care professionals and health plans pertaining to benefits provided under any of the following: (1) The Medicare Program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (2) The Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (3) The SCHIP program under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq. ). (4) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (5) Chapter 17 of title 38, United States Code (relating to Veterans’ medical care). (6) Chapter 89 of title 5, United States Code (relating to the Federal employees’ health benefits program). (7) The Indian Health Care Improvement Act ( 25 U.S.C. 1601 et seq. ). 3. Definitions In this Act, the following definitions shall apply: (1) Antitrust laws The term antitrust laws — (A) has the meaning given it in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), except that such term includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Group health plan The term group health plan means an employee welfare benefit plan to the extent that the plan provides medical care (including items and services paid for as medical care) to employees or their dependents (as defined under the terms of the plan) directly or through insurance, reimbursement, or otherwise. (3) Group health plan, health insurance issuer The terms group health plan and health insurance issuer include a third-party administrator or other person acting for or on behalf of such plan or issuer. (4) Health care services The term health care services means any services for which payment may be made under a health plan, including services related to the delivery or administration of such services. (5) Health care professional The term health care professional means any individual or entity that provides health care items or services, treatment, assistance with activities of daily living, or medications to patients and who, to the extent required by State or Federal law, possesses specialized training that confers expertise in the provision of such items or services, treatment, assistance, or medications. (6) Health insurance coverage The term health insurance coverage means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer. (7) Health insurance issuer The term health insurance issuer means an insurance company, insurance service, or insurance organization (including a health maintenance organization) that is licensed to engage in the business of insurance in a State and that is subject to State law regulating insurance. Such term does not include a group health plan. (8) Health maintenance organization The term health maintenance organization means— (A) a federally qualified health maintenance organization (as defined in section 1301(a) of the Public Health Service Act ( 42 U.S.C. 300e(a) )); (B) an organization recognized under State law as a health maintenance organization; or (C) a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization. (9) Health plan The term health plan means a group health plan or a health insurance issuer that is offering health insurance coverage. (10) Medical care The term medical care means amounts paid for— (A) the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body; and (B) transportation primarily for and essential to receiving items and services referred to in subparagraph (A). (11) Person The term person includes a State or unit of local government. (12) State The term State includes the several States, the District of Columbia, Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 4. Effective date This Act shall take effect on the date of the enactment of this Act and shall not apply with respect to conduct occurring before such date.
https://www.govinfo.gov/content/pkg/BILLS-113hr4077ih/xml/BILLS-113hr4077ih.xml
113-hr-4078
I 113th CONGRESS 2d Session H. R. 4078 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Sam Johnson of Texas 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 require that ITIN applicants submit their application in person at taxpayer assistance centers, and for other purposes. 1. Short title This Act may be cited as the ITIN Reform Act of 2014 . 2. Requirements for the issuance of ITINs (a) In general Section 6109 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (i) Special rules relating to the issuance of ITINs (1) In general The Secretary may issue an individual taxpayer identification number to an individual only if the requirements of paragraphs (2) and (3) are met. (2) In-person application The requirements of this paragraph are met if, with respect to an application for an individual taxpayer identification number— (A) the applicant submits an application in person, using Form W–7 (or any successor thereof) and including the required documentation, at a taxpayer assistance center of the Internal Revenue Service, or (B) in the case of an applicant who resides outside of the United States, the applicant submits the application in person to an employee of the Internal Revenue Service or a designee of the Secretary at a United States diplomatic mission or consular post, together with the required documentation. (3) Initial on-site verification of documentation The requirements of this paragraph are met if, with respect to each application, an employee of the Internal Revenue Service at the taxpayer assistance center, or the employee or designee described in paragraph (2)(B), as the case may be, conducts an initial verification of the documentation supporting the application submitted under paragraph (2). (4) Required documentation For purposes of this subsection— (A) required documentation includes such documentation as the Secretary may require that proves the individual’s identity and foreign status, and (B) the Secretary may only accept original documents. (5) Exceptions (A) Military spouses Paragraph (1) shall not apply to the spouse, or the dependents, without a social security number of a taxpayer who is a member of the Armed Forces of the United States. (B) Treaty benefits Paragraph (1) shall not apply to a nonresident alien applying for an individual taxpayer identification number for the purpose of claiming tax treaty benefits. (6) Term (A) In general An individual taxpayer identification number issued after the date of the enactment of this subsection shall be valid only for the 5-year period which includes the taxable year of the individual for which such number is issued and the 4 succeeding taxable years. (B) Renewal of ITIN Such number shall be valid for an additional 5-year period only if it is renewed through an application which satisfies the requirements under paragraphs (2) and (3). (C) Special rule for existing ITINs In the case of an individual with an individual taxpayer identification number issued on or before the date of the enactment of this subsection, such number shall not be valid after the earlier of— (i) the end of the 3-year period beginning on the date of the enactment of this subsection, or (ii) the first taxable year beginning after— (I) the date of the enactment of this subsection, and (II) any taxable year for which the individual (or, if a dependent, on which the individual is included) did not make a return. . (b) Interest Section 6611 of such Code is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) Special rule relating to ITINs Notwithstanding any other provision of this section, no interest shall be allowed or paid to or on behalf of an individual with respect to any overpayment until 45 days after an individual taxpayer identification number is issued to the individual. . (c) Audit by TIGTA Not later than two years after the date of the enactment of this Act, and every two years thereafter, the Treasury Inspector General for Tax Administration shall conduct an audit of the program of the Internal Revenue Service for the issuance of individual taxpayer identification numbers pursuant to section 6109(i) of the Internal Revenue Code of 1986. The report required by this subsection shall be submitted to the Congress. (d) Effective date (1) Subsection (a) The amendment made by subsection (a) shall apply to requests for individual taxpayer identification numbers made after the date of the enactment of this Act. (2) Subsection (b) The amendment made by subsection (b) shall apply to returns due, claims filed, and refunds paid after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4078ih/xml/BILLS-113hr4078ih.xml
113-hr-4079
I 113th CONGRESS 2d Session H. R. 4079 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Collins of Georgia (for himself and Mrs. Blackburn ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 17, United States Code, to ensure fairness in the establishment of certain rates and fees under sections 114 and 115 of such title, and for other purposes. 1. Short title This Act may be cited as the Songwriter Equity Act of 2014 . 2. Effect on royalties for underlying works Section 114(i) of title 17, United States Code, is amended to read as follows: (i) Effect on royalties for underlying works It is the intent of Congress that royalties payable to copyright owners of musical works for the public performance of their works shall not be diminished in any respect as a result of the rights granted in section 106(6). . 3. Application to sections 112(e) and 114(f) sound recording proceedings (a) Proceedings not affected Neither section 2 of this Act nor the amendment made to section 114(i) of title 17, United States Code, by such section 2 shall be taken into account in any proceeding to set or adjust the rates and fees payable for the use of sound recordings under section 112(e) or section 114(f) of such title that is pending on, or commenced on or after, the date of the enactment of this Act. (b) Decisions and precedents not affected Neither section 2 of this Act nor the amendment made to section 114(i) of title 17, United States Code, by such section 2 shall have any effect upon the decisions, or the precedents established or relied upon, in any proceeding to set or adjust the rates and fees payable for the use of sound recordings under section 112(e) or section 114(f) of such title before the date of the enactment of this Act. 4. Functions of copyright royalty judges (a) In general Section 801(b)(1) of title 17, United States Code, is amended by striking The rates applicable under sections 114(f)(1)(B), 115, and 116 shall be calculated to achieve the following objectives and inserting The rates applicable under sections 114(f)(1)(B) and 116 shall be calculated to achieve the following objectives . (b) Effective date The amendment made by subsection (a) shall apply to any proceeding that is pending on, or commenced on or after, the date of the enactment of this Act. 5. Royalty payable under compulsory license (a) In general Section 115(c)(3)(D) of title 17, United States Code, is amended by striking In addition to the objectives set forth in section 801(b)(1), in establishing such rates and terms, the Copyright Royalty Judges may consider rates and terms under voluntary license agreements described in subparagraphs (B) and (C). and inserting the following: The Copyright Royalty Judges shall establish rates and terms that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller. In establishing such rates and terms, the Copyright Royalty Judges shall base their decision on marketplace, economic, and use information presented by the participants. In establishing such rates and terms, the Copyright Royalty Judges may consider the rates and terms for comparable uses and comparable circumstances under voluntary license agreements. . (b) Effective date The amendment made by subsection (a) shall apply to any proceeding that is pending on, or commenced on or after, the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4079ih/xml/BILLS-113hr4079ih.xml
113-hr-4080
I 113th CONGRESS 2d Session H. R. 4080 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Burgess (for himself and Mr. Gene Green of Texas ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XII of the Public Health Service Act to reauthorize certain trauma care programs, and for other purposes. 1. Short title This Act may be cited as the Trauma Systems and Regionalization of Emergency Care Reauthorization Act . 2. Reauthorization of certain trauma care programs Section 1232(a) of the Public Health Service Act ( 42 U.S.C. 300d–32(a) ) is amended by striking 2014 and inserting 2019 . 3. Improvements and clarifications to certain trauma care programs (a) Allocation of funds for competitive grants for regionalized systems for emergency care response Section 1232(c) of the Public Health Service Act ( 42 U.S.C. 300d–31(c) ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) for a fiscal year after fiscal year 2014, not more than 50 percent of such amounts remaining for such fiscal year after application of paragraphs (1) and (2) shall be allocated for the purpose of carrying out section 1204. . (b) Clarifications under trauma systems formula grants requirements relating to the American Burn Association Section 1213 of the Public Health Service Act ( 42 U.S.C. 300d–13 ) is amended— (1) in subsection (a)(3), by inserting and (for a fiscal year after fiscal year 2014) contains national standards and requirements of the American Burn Association for the designation of verified burn centers, after such entity, ; (2) in subsection (b)(3)(A), by striking and the American Academy of Pediatrics, and inserting the American Academy of Pediatrics, and (for a fiscal year after fiscal year 2014) the American Burn Association ; and (3) in subsection (c)(1)— (A) in the matter preceding subparagraph (A), by inserting and not later than 1 year after the date of the enactment of the Trauma Systems and Regionalization of Emergency Care Reauthorization Act after Act of 2007 ; and (B) in subparagraph (A), by striking and the American Academy of Pediatrics and inserting the American Academy of Pediatrics, and (with respect to the update pursuant to the Trauma Systems and Regionalization of Emergency Care Reauthorization Act) the American Burn Association .
https://www.govinfo.gov/content/pkg/BILLS-113hr4080ih/xml/BILLS-113hr4080ih.xml
113-hr-4081
I 113th CONGRESS 2d Session H. R. 4081 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Collins of New York (for himself, Mr. Reed , and Mr. Gibson ) 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 prohibit funds made available to the Department of Education or the Department of Justice from being used to provide postsecondary courses in prisons. 1. Prohibition on use of funds for college courses in prisons Notwithstanding any other provision of law, no funds made available to the Department of Education or the Department of Justice shall be used to provide or assist in providing a postsecondary course to an inmate in a Federal or State prison.
https://www.govinfo.gov/content/pkg/BILLS-113hr4081ih/xml/BILLS-113hr4081ih.xml
113-hr-4082
I 113th CONGRESS 2d Session H. R. 4082 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Duncan of Tennessee 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 the work opportunity tax credit and to provide such credit for hiring long-term unemployed individuals. 1. Extension of work opportunity tax credit and provision of credit for hiring long-term unemployed individuals (a) Extension of work opportunity tax credit Section 51(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2015 . (b) Credit allowed for hiring long-Term unemployed individuals (1) In general Section 51(d)(1) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting , or , and by adding at the end the following new subparagraph: (J) a qualified long-term unemployed individual. . (2) Qualified long-term unemployed individual Section 51(d) of such Code is amended by striking paragraph (14), by redesignating paragraphs (11), (12), and (13) as paragraphs (12), (13), and (14), respectively, and by inserting after paragraph (10) the following new paragraph: (11) Qualified long-term unemployed individual The term qualified long-term unemployed individual means any individual who is certified by the designated local agency as— (A) an individual in receipt of unemployment compensation under State or Federal law during the entire 26-week period ending on the hiring date, or (B) an individual unemployed for such period who would have received such compensation for such period but for having exhausted the right to such compensation. . (3) Credit limited to $1,000 for hiring of each long-term unemployed individual Section 51(b)(3) of such Code is amended by inserting ($2,500 in the case of any qualified long-term unemployed individual) . (c) Effective date The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr4082ih/xml/BILLS-113hr4082ih.xml
113-hr-4083
I 113th CONGRESS 2d Session H. R. 4083 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Gibson 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 reduce the rate of tax regarding the taxation of distilled spirits. 1. Short title This Act may be cited as the Distillery Excise Tax Reform Act of 2014 . 2. Reduced rate of tax on certain distilled spirits (a) In general Section 5001 of the Internal Revenue Code of 1986 (relating to imposition, rate, and attachment of tax on distilled spirits) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: (c) Reduced rate In the case of a distilled spirits producer, the otherwise applicable tax rate under subsection (a)(1) on the first 100,000 of proof gallons of distilled spirits produced by such producer during the calendar year in the United States shall be $2.70 per proof gallon. . (b) Conforming amendment Section 7652(f)(2) of the Internal Revenue Code of 1986 is amended by striking section 5001(a) and inserting sections 5001(a)(1) and 5001(c)(1) . (c) Effective date The amendments made by this section shall apply to distilled spirits produced in calendar years beginning after December 31, 2014.
https://www.govinfo.gov/content/pkg/BILLS-113hr4083ih/xml/BILLS-113hr4083ih.xml
113-hr-4084
I 113th CONGRESS 2d Session H. R. 4084 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Hastings of Florida (for himself, Ms. DeLauro , Mr. Cartwright , Ms. Jackson Lee , Mr. McGovern , Mr. Moran , Mr. Rangel , Ms. Wilson of Florida , Mr. Serrano , and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Domestic Volunteer Service Act of 1973 to establish a Community Gardens Pilot Program, and for other purposes. 1. Short title This Act may be cited as the Community Gardening and Nutrition Act of 2014 . 2. Findings Congress finds the following: (1) A community garden improves the quality of life, encourages self-reliance, produces highly nutritious food, reduces family food budgets, and creates opportunities for recreation, social interaction, exercise, education, and economic development for people participating in the garden. (2) The creation of community gardens has been an effective approach to cleaning up and maintaining abandoned vacant lots. (3) Many community gardens donate fresh fruits and vegetables to local food pantries, cooperatives, and homeless members of the community, and provide for a source of fresh fruits and vegetables for participants of the gardens. (4) An August 2013 report by the Union of Concerned Scientists entitled The $11 Trillion Reward concluded that if Americans were to eat 2.5 cups of vegetables and 2 cups of fruit daily, as recommended by Federal dietary guidelines, nearly 130,000 deaths could be prevented and $17 billion could be saved in medical costs. (5) The Department of Health and Human Services recommends eating more dark green vegetables, legumes, and fruits; and eating fewer refined grains, less fat, and fewer calories. (6) A 2010 review of the Nutritional Implications of Farmers’ Markets and Community Gardens published by the Journal of the American Dietetic Association found that community gardens promote healthy behaviors. (7) A 2011 pilot study entitled LA Sprouts published by the Journal of the American Dietetic Association found that teaching gardening and nutrition improved the dietary intakes of children and reduced childhood obesity. 3. Community Garden Pilot Program (a) Purpose Section 103(a) of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4953(a) ) is amended— (1) in paragraph (12) by striking and at the end; (2) in paragraph (13) by striking the period and inserting ; and ; and (3) by adding at the end the following: (14) in establishing initiatives that address the health and nutrition of individuals in low-income and underserved communities, including by— (A) creating new community gardens and supporting and expanding existing community gardens; (B) recruiting local community members to actively engage in community gardens and gardening projects; (C) transforming vacant places into community garden plots; (D) increasing access for community members to healthy foods and local foods while also encouraging community members to stay active; (E) expanding anti-poverty efforts by teaching basic nutrition and self-reliance through community gardening programs; and (F) developing initiatives that increase access to healthy, locally grown foods for the community at large. . (b) Establishment Part A of title I of such Act ( 42 U.S.C. 4951 et seq. ) is amended by adding at the end the following: 110. Community Garden Pilot Program (a) The Director shall establish a Community Garden Pilot Program for the purpose of carrying out the work described under section 103(a)(14). In conducting the Program, the Director shall carry out no less than 40 projects. (b) In carrying out the Program established under subsection (a), the Director shall give priority to— (1) volunteers with experience in health, nutrition, and gardening; (2) projects located in varied geographic regions; and (3) selecting a balance of urban and rural projects. . (c) Authorization Section 501(a) of such Act ( 42 U.S.C. 5081(a) ) is amended by— (1) redesignating paragraph (3) as paragraph (4); and (2) inserting after paragraph (2) the following: (3) Community Garden Pilot Program There are authorized to be appropriated to carry out section 110 of part A of title I $4,000,000 for fiscal year 2014 and such sums shall remain available until expended. . (d) Clerical amendment The table of contents in section 1(b) of such Act ( 42 U.S.C. 4950 ) is amended by adding after the item relating to section 109 the following new item: Sec. 110. Community Garden Pilot Program. . 4. Report Not later than 90 days after the completion of the Community Garden Pilot Program established under section 110(a) of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951(a)), the Assistant Director appointed pursuant to section 194(d)(1)(A) of the National and Community Service Act of 1990 (42 U.S.C. 12651e(d)(1)(A)), shall submit to Congress a report containing— (1) a description of the projects and volunteer placements under the Program; (2) results and analysis of completed projects under the Program; and (3) any recommendations for continuation of the Program.
https://www.govinfo.gov/content/pkg/BILLS-113hr4084ih/xml/BILLS-113hr4084ih.xml
113-hr-4085
I 113th CONGRESS 2d Session H. R. 4085 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Himes (for himself, Ms. DeLauro , and Ms. Esty ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 4 of the United States Code to limit the extent to which States may tax the compensation earned by nonresident telecommuters and other multi-State workers. 1. Short title This Act may be cited as the Multi-State Worker Tax Fairness Act of 2014 . 2. Limitation on State taxation of compensation earned by nonresident telecommuters and other multi-State workers (a) In general Chapter 4 of title 4, United States Code, is amended by adding at the end the following: 127. Limitation on State taxation of compensation earned by nonresident telecommuters and other multi-State workers (a) In general In applying its income tax laws to the compensation of a nonresident individual, a State may deem such nonresident individual to be present in or working in such State for any period of time only if such nonresident individual is physically present in such State for such period and such State may not impose nonresident income taxes on such compensation with respect to any period of time when such nonresident individual is physically present in another State. (b) Determination of physical presence For purposes of determining physical presence, no State may deem a nonresident individual to be present in or working in such State on the grounds that— (1) such nonresident individual is present at or working at home for convenience, or (2) such nonresident individual’s work at home or office at home fails any convenience of the employer test or any similar test. (c) Determination of periods of time with respect to which compensation is paid For purposes of determining the periods of time with respect to which compensation is paid, no State may deem a period of time during which a nonresident individual is physically present in another State and performing certain tasks in such other State to be— (1) time that is not normal work time unless such individual’s employer deems such period to be time that is not normal work time, (2) nonworking time unless such individual’s employer deems such period to be nonworking time, or (3) time with respect to which no compensation is paid unless such individual’s employer deems such period to be time with respect to which no compensation is paid. (d) Definitions As used in this section— (1) State The term State means each of the several States (or any subdivision thereof), the District of Columbia, and any territory or possession of the United States. (2) Income tax The term income tax has the meaning given such term by section 110(c). (3) Income tax laws The term income tax laws includes any statutes, regulations, administrative practices, administrative interpretations, and judicial decisions. (4) Nonresident individual The term nonresident individual means an individual who is not a resident of the State applying its income tax laws to such individual. (5) Employee The term employee means an employee as defined by the State in which the nonresident individual is physically present and performing personal services for compensation. (6) Employer The term employer means the person having control of the payment of an individual’s compensation. (7) Compensation The term compensation means the salary, wages, or other remuneration earned by an individual for personal services performed as an employee or as an independent contractor. (e) No inference Nothing in this section shall be construed as bearing on— (1) any tax laws other than income tax laws, (2) the taxation of corporations, partnerships, trusts, estates, limited liability companies, or other entities, organizations, or persons other than nonresident individuals in their capacities as employees or independent contractors, (3) the taxation of individuals in their capacities as shareholders, partners, trust and estate beneficiaries, members or managers of limited liability companies, or in any similar capacities, and (4) the income taxation of dividends, interest, annuities, rents, royalties, or other forms of unearned income. . (b) Clerical amendment The table of sections of such chapter 4 is amended by adding at the end the following new item: 127. Limitation on State taxation of compensation earned by nonresident telecommuters and other multi-State workers. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4085ih/xml/BILLS-113hr4085ih.xml
113-hr-4086
I 113th CONGRESS 2d Session H. R. 4086 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Kildee (for himself and Ms. DeLauro ) 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 to improve 21st Century Community Learning Centers. 1. Short title This Act may be cited as the Afterschool for America’s Children Act . 2. Purpose; definitions Section 4201 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7171 ) is amended— (1) in subsection (a), by amending paragraphs (1) and (2) to read as follows: (1) offer students a broad array of additional services, programs, and activities, such as youth development activities, service learning, nutrition and health education, drug and violence prevention programs, counseling programs, art, music, social and emotional learning programs, physical fitness and wellness programs and recreation programs, such as sports, and technology education programs, that are designed to reinforce and complement the regular academic program of participating students; (2) provide opportunities for academic enrichment, including providing tutorial services to help students, particularly students who attend low-performing schools, in core academic subjects; and ; (2) in subsection (b)— (A) in paragraph (1)— (i) by amending subparagraph (A) to read as follows: (A) assists students in core academic subjects by providing the students with academic and enrichment activities and a broad array of other activities (such as programs and activities described in subsection (a)) during nonschool hours or periods when school is not in session (such as before or after school or during summer recess) that reinforce and complement the regular academic programs of the schools attended by the students served; ; and (ii) in subparagraph (B), by inserting before the period at the end and opportunities for active and meaningful engagement in their student’s education ; (B) in paragraph (3), by inserting Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Act ( 25 U.S.C. 450b )), after community-based organization, ; (C) by redesignating paragraph (4) as paragraph (5); and (D) by inserting after paragraph (3) the following new paragraph: (4) External organization The term external organization means a nonprofit organization with a record of success in carrying out or working with before school, after school, or summer learning programs. . 3. Allotments to States Section 4202(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7172(c) ) is amended— (1) in paragraph (2)(B), by inserting rigorous after implementing a ; (2) by striking the undesignated matter after paragraph (2)(B) and inserting the following new subparagraph: (C) supervising the awarding of funds to eligible entities (in consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities). ; and (3) in paragraph (3), by inserting after subparagraph (D) the following new subparagraphs: (E) Assisting eligible entities receiving an award under this part to align with State academic standards the activities carried out under before school, after school, or summer learning programs funded with such award. (F) Ensuring that any such eligible entity identifies and partners with external organizations, if available, in the community. (G) Working with teachers, principals, parents, and other stakeholders to review and improve State policies and practices to support the implementation of effective programs. (H) Coordinating funds received under this program with other Federal and State funds to implement high-quality programs. (I) Providing a list of prescreened external organizations to eligible entities under section 4203(a)(12). . 4. State application Section 4203 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7173 ) is amended— (1) in subsection (a)— (A) by amending paragraph (3) to read as follows: (3) contains an assurance that the State educational agency— (A) will make awards under this part only to eligible entities that propose to serve students who primarily attend schools eligible for schoolwide programs under section 1114, and families of such students; and (B) will give priority to eligible entities that propose to serve students described in section 4204(i)(1); ; (B) in paragraph (4), by striking meet local content and student academic achievement standards and inserting improve academic and life success ; (C) in paragraph (6), by striking promising practices and inserting successful practices, and coordination of professional development for staff in specific content areas and youth development ; (D) by amending paragraph (11) to read as follows: (11) provides— (A) an assurance that the application was developed in consultation and coordination with appropriate State officials, including the chief State school officer, and other State agencies administering before school, after school, or summer school learning programs, the heads of the State health and mental health agencies or their designees, and representatives of teachers, parents, students, the business community, and community-based organizations; statewide afterschool networks (where applicable); and (B) a description of any other representatives of teachers, parents, students, or the business community that the State has selected to assist in the development of the application, if applicable; ; (E) by redesignating paragraph (14) as paragraph (15); (F) by amending paragraph (12) to read as follows: (12) describes how the State will prescreen external organizations that may provide assistance in carrying out the activities under this part and develop and make available to eligible entities a list of external organizations that successfully completed the prescreening process; ; (G) by amending paragraph (13) to read as follows: (13) describes the results of the State’s needs and resources assessment for before school, after school or summer learning activities, which shall be based on the results of on-going State evaluation activities; ; and (H) by amending paragraph (14) to read as follows: (14) describes how the State educational agency will evaluate the effectiveness of programs and activities carried out under this part, which shall include, at a minimum— (A) a description of the performance indicators and performance measures that will be used to evaluate programs and activities, and with emphasis on alignment with the regular academic program of the school and the academic needs of participating students, including performance indicators and measures that— (i) are able to track student success and improvement over time, and (ii) include State assessment results and other indicators of student success and improvement, such as improved attendance during the school day, better classroom grades, regular (or consistent) program attendance, on-time advancement to the next grade level and graduation rate, local crime rate, and classroom behavior; (B) a description of how data collected for the purposes of subparagraph (A) will be collected; and (C) public dissemination of the evaluations of programs and activities carried out under this part; ; and (2) by adding at the end the following new subsection: (g) Limitation The Secretary may not impose a priority or preference for States or eligible entities that seek to use funds made available under this part to extend the regular school day. . 5. Local competitive grant program Section 4204 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7174 ) is amended— (1) in subsection (b)(2)— (A) in subparagraph (B), by inserting and overall student success after achievement ; (B) by amending subparagraph (C) to read as follows: (C) a demonstration of how the proposed program will— (i) work in partnership with Federal, State, and local programs that will be combined or coordinated with the proposed program; and (ii) make the most effective use of public resources; ; (C) in subparagraph (D), by striking , in active collaboration with the schools the students attend; and inserting in active collaboration and alignment with the schools the students attend, including the sharing of relevant student data among the schools, all participants in the eligible entity, and any partnering entities described in subparagraph (H) in a manner consistent with the applicable laws relating to privacy and confidentiality; ; and (D) in subparagraph (J), by striking has experience, or promise of success, in providing and inserting uses research or evidence-based practices to provide ; (2) in subsection (e)— (A) by striking In reviewing and inserting the following: (1) In general In reviewing ; (B) by inserting rigorous before peer ; and (C) by adding at the end the following: (2) Rigorous peer review process For purposes of this subsection, the term rigorous peer review process means a process by which— (A) a State educational agency selects peer reviewers who are employees of such agency and who— (i) have experience with community learning centers; (ii) have expertise in providing effective academic, enrichment, youth development, and related services to students; and (iii) are not eligible entities, or representatives of an eligible entity, that have submitted an application under this section for the grant period for which applications are being reviewed; and (B) the peer reviewers described in subparagraph (A) review and rate the applications to determine the extent to which the applications meet the requirements under subsection (b) of this section and 4205. ; (3) in subsection (i)— (A) in paragraph (1), by striking and at the end of subparagraph (A), by striking the period at the end of clause (ii) of subparagraph (B) and inserting ; and , and by adding at the end the following new subparagraph: (C) demonstrating that the activities proposed in the application— (i) are, as of the date of the submission of the application, not otherwise accessible to students who would be served by such activities; or (ii) would expand accessibility to high-quality services that may be available in the community. ; and (B) by adding at the end the following new paragraph: (3) Limitation A State educational agency may not impose a priority or preference for eligible entities that seek to use funds made available under this part to extend the regular school day. ; and (4) by adding at the end the following new subsection: (j) Renewability of awards A State educational agency may renew a grant provided under this section to an eligible entity, based on the eligible entity’s performance during the first grant period. . 6. Local activities Section 4205 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7175 ) is amended— (1) by amending subsection (a) to read as follows: (a) Authorized activities Each eligible entity that receives an award under section 4204 may use the award funds to carry out a broad array of before and after school activities (including during summer recess periods) that advance student academic achievement and support student success, including— (1) academic enrichment learning programs, mentoring programs, remedial education activities, and tutoring services; (2) core academic subject education activities, including such activities that enable students to be eligible for credit recovery or attainment; (3) art and music education activities; (4) services for individuals with disabilities including enrichment programs that provide access to sports and fitness for students with disabilities designed to improve wellness, self-esteem, and independence; (5) activities and programs that support global education and global competence, including those that foster learning about other countries, cultures, languages, and global issues; (6) programs that provide after school activities for limited English proficient students that emphasize language skills and academic achievement; (7) programs that support a healthy, active lifestyle, including nutritional education, recreation and regular, structured physical activity programs; (8) telecommunications and technology education programs to serve academic and community needs; (9) expanded library service hours to serve academic and community needs; (10) parenting skills programs that promote parental involvement and family literacy; (11) programs that provide assistance to students who have been truant, suspended, or expelled to allow the students to improve their academic achievement; (12) drug and violence prevention programs, counseling programs, social and emotional learning programming and character education programs; (13) literacy education programs; and (14) programs that build skills in science, technology, engineering, and mathematics (referred to in this paragraph as ‘STEM’) and that foster innovation in learning by supporting non-traditional STEM education teaching methods. ; and (2) in subsection (b)— (A) in the subsection heading, by striking Principles and inserting Measures ; (B) in paragraph (1), by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting a semicolon, and by inserting after subparagraph (C) the following new subparagraphs: (D) ensure that measures of student success align with the regular academic program of the school and the academic needs of participating students, and include performance indicators and performance measures described in section 4203(a)(13)(A); and (E) collect the data necessary for the measures of student success described in subparagraph (D). ; and (C) in paragraph (2)— (i) in subparagraph (A), by inserting before the period at the end and overall student success ; and (ii) in subparagraph (B), by striking and at the end of clause (i), by striking the period at the end of clause (ii) and inserting ; and , and by inserting after clause (ii) the following new clause: (iii) used by the State to determine whether a grant is eligible to be renewed under section 4204(j). . 7. Authorization of appropriations Section 4206 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7176 ) is amended to read as follows: 4206. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2015 and each of the 5 succeeding fiscal years. . 8. Transition The recipient of a multiyear grant award under part B of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7171 et seq. ), as such Act was in effect on the day before the date of enactment of this Act, shall continue to receive funds in accordance with the terms and conditions of such award.
https://www.govinfo.gov/content/pkg/BILLS-113hr4086ih/xml/BILLS-113hr4086ih.xml
113-hr-4087
I 113th CONGRESS 2d Session H. R. 4087 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Kildee introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Workforce Investment Act of 1998 to provide grants to States for summer employment programs for youth. 1. Short title This Act may be cited as the Empowering Youth Through Summer Employment Act . 2. Grants to States for summer employment programs for youth Section 129 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2854 ) is amended by adding at the end the following: (d) Grants to States for summer employment programs for youth (1) In general Notwithstanding any other provision of this Act, from the amount appropriated under paragraph (2), the Secretary shall award grants to States to provide assistance to local areas that have high concentrations of eligible youth to enable such local areas to carry out programs described in subsection (c)(1) that provide summer employment opportunities for eligible youth, which are directly linked to academic and occupational learning, as described in subsection (c)(2)(C), except that the only measure of performance used to assess such programs shall be the work readiness performance indicator described in section 136(b)(2)(A)(ii)(I). (2) Authorization of appropriations There are authorized to be appropriated $100,000,000 to carry out this subsection for each of fiscal years 2015 through 2019. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4087ih/xml/BILLS-113hr4087ih.xml
113-hr-4088
I 113th CONGRESS 2d Session H. R. 4088 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Kildee introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Appropriations , 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 funding for Violent Crime Reduction Partnerships in the most violent communities in the United States, and for other purposes. 1. Short title This Act may be cited as the Help Communities Fight Violent Crime Act . 2. Findings The Congress finds as follows: (1) Violent crime is endemic in many of our Nation’s great cities. (2) Addressing violent crime is a moral, social, and economic imperative. (3) Violent crime infringes on our citizens’ most basic human rights by barring them from realizing their full potential for advancement, happiness, and safety. (4) Violent crime hinders the educational, economic and social advancement of citizens and communities. (5) Violent crime imposes staggering economic and other costs on society. (6) There are estimates that violent crime imposes nearly $200,000,000,000 per year in direct and intangible costs on our economy in addition to the staggering immeasurable costs it has on victims, families, and communities. (7) Violent crime prevents our cities from prospering by discouraging and preventing investment in communities, infrastructure, and businesses. (8) Reducing violent crime results in significant savings for cities, States, and the Federal Government. (9) Many of our Nation’s most financially troubled cities are also the most violent, so addressing violent crime is requisite to saving failing cities. (10) It is impossible to address the financial ails of a city without first addressing violent crime. (11) Arguably the largest purely economic benefit from reducing violent crime is the associated increase in property value. (12) There are no citizens of a city or State, only citizens of the United States, and the Federal Government has a responsibility to provide for the safety and security of all citizens. (13) The violent crime rate in many cities demonstrates that municipalities and States alone are often incapable of addressing the onslaught of violent crime and suffering; thus, the Federal Government has a duty to help protect the lives of all of its citizens. (14) The Federal Government, specifically the Bureau of Alcohol, Tobacco, Firearms, and Explosives, has unique capabilities to address violent crime as demonstrated by the success it has had employing Violent Crime Reduction Partnerships. (15) Because of the proven success of Violent Crime Reduction Partnerships in stemming violent crime, we need to immediately increase funding for these types of programs to stop the pervasive violence in our communities. 3. Funding for Violent Crime Reduction Partnerships (a) In general For the conduct of Violent Crime Reduction Partnerships in the 10 most violent cities in the United States with a population of more than 100,000 individuals, as determined by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (in this section referred to as the Bureau ), and in any community that is in close proximity to any such city (as determined by the Bureau), there are authorized to be appropriated to the Director of the Bureau not more than $25,000,000 for each of fiscal years 2014 through 2018, in addition to any other amounts authorized to be appropriated for such purpose for any of such fiscal years. (b) Authority To transfer funds to other partnership participants The Director of the Bureau may transfer funds appropriated under subsection (a) to any other agency or instrumentality of the Federal Government that participates in a Violent Crime Reduction Partnership in which the Bureau participates, solely for the conduct of activities under the Partnership, in such amounts, for such periods, and subject to such other limitations and conditions as the Director deems appropriate.
https://www.govinfo.gov/content/pkg/BILLS-113hr4088ih/xml/BILLS-113hr4088ih.xml
113-hr-4089
I 113th CONGRESS 2d Session H. R. 4089 IN THE HOUSE OF REPRESENTATIVES February 25, 2014 Mr. Rohrabacher (for himself, Mr. McKinley , and Mr. Jones ) 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 exclude from gross income compensation received by employees consisting of qualified distributions of employer stock. 1. Qualified stock distributions to employees (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 83 the following new section: 83A. Qualified stock distributions to employees (a) In general If an employee elects to have this section apply with respect to any qualified employee stock distribution, gross income shall not include— (1) so many shares of employer securities received by an individual in a qualified employee stock distribution of such individual’s employer as does not exceed the maximum stock amount, (2) any gain on employer securities excluded from gross income under paragraph (1) if such employer security is held by such individual for not less than 10 years, and (3) in the case of any qualified disposition of an employer security which is described in paragraph (2) (and which meets the holding requirement of such paragraph), any gain on so much stock acquired during the 60-day period beginning on the date of such disposition as does not exceed the fair market value of the employer security so disposed (determined as of the time of disposition). (b) Definitions For purposes of this section— (1) Employer securities The term employer securities has the meaning given such term in section 409(l), except that paragraph (3) thereof shall be applied by substituting the date of the qualified employee stock distribution for the date of the acquisition by the tax credit employee stock ownership plan . (2) Qualified employee stock distribution The term qualified employee stock distribution means a distribution by an employer of employer securities to employees (determined as of the date of the distribution) of such employer as compensation for services, except that there may be disregarded any employee who (as of the date of the distribution)— (A) has not attained age 18, (B) has not completed 12 months of service with the employer, (C) is a nonresident alien, (D) is a citizen or resident of a foreign jurisdiction (including any individual who is also a citizen or resident of the United States) if the distribution to such individual is prohibited under the laws of such foreign jurisdiction, (E) holds 10 percent or more of the outstanding stock of the employer, or (F) is an employee whose compensation from the employer is subject to disclosure under rules promulgated by the Securities and Exchange Commission. (3) Maximum stock amount The term maximum stock amount means, with respect to any distribution, the lowest number of employer securities received by any employee of the employer in such distribution. (4) Qualified disposition (A) In general The term qualified disposition means, with respect to the disposition of any employer security described in paragraph (2) of subsection (a) (and which meets the holding requirement of such paragraph) during any calendar year, the disposition of a number of shares of such security not in excess of the excess of— (i) the applicable percentage of the aggregate number of shares of such security received during the calendar year that such security was received, over (ii) the aggregate number of shares of such security taken into account under this subparagraph for all prior calendar years. (B) Applicable percentage For purposes of clause (i), the applicable percentage is, with respect to any calendar year following the calendar year in which such security was received, the percentage determined in accordance with the following table: The applicable In the case of: percentage is: The first through tenth such calendar years 0 percent The eleventh such calendar year 10 percent The twelfth such calendar year 20 percent The thirteenth such calendar year 30 percent The fourteenth such calendar year 40 percent The fifteenth such calendar year 50 percent The sixteenth such calendar year 60 percent The seventeenth such calendar year 70 percent The eighteenth such calendar year 80 percent The nineteenth such calendar year 90 percent Any subsequent calendar year 100 percent. (c) Employment taxes Amounts excluded from gross income under subsection (a)(1) shall not be taken into account as wages for purposes of chapters 21, 22, 23, 23A, and 24. (d) Coordination with section 83 In the case of a transfer of employer securities to which subsection (a)(1) applies— (1) In general Section 83 shall not apply. (2) Deduction by employer There shall be allowed as a deduction under section 162, to the person for whom were performed the services in connection with which such securities were transferred, an amount equal to the fair market value of such securities (determined as of the time of such transfer). Such deduction shall be allowed for the taxable year which includes the date of such transfer. (e) Recapture if stock disposed during required holding period If an amount is excluded from gross income under subsection (a)(1) with respect to any employer security and the individual disposes of such security at any time during the 5-year period beginning on the date that such individual received such security— (1) the gross income of such individual for the taxable year which includes the date of such disposition shall be increased by the amount so excluded, and (2) the tax imposed by this chapter for such taxable year shall be increased by the sum of the amounts of tax which would have been imposed under subchapters A and B of chapters 21 and 22 if subsection (c) had not applied with respect to such amount. For purposes of this title and the Social Security Act, any increase in tax under paragraph (2) shall be treated as imposed under the provision of chapter 21 or 22 with respect to which such increase relates. (f) Basis of stock equal to fair market value at time of transfer Notwithstanding section 1012, in the case of a transfer of employer securities to which subsection (a)(1) applies, the basis of such securities in the hands of the transferee immediately after such transfer shall be equal to the fair market value of such securities (determined as of the time of such transfer). (g) Aggregation rule Two or more persons who are treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this section. (h) Election The election under subsection (a) shall be made at such time and in such manner as the Secretary may prescribe. Once made, such election may be revoked only with the consent of the Secretary. (i) Regulations The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out this section, including regulations or other guidance which— (1) provide for the application of this section to stock options, (2) provide mechanisms by which to satisfy the requirements of this section in the event that an employee is inadvertently excluded from a distribution of employer securities (including a case where a service provider is treated as not an employee by the employer, but is determined to be an employee), and (3) require such reporting under sections 6045 and 6051 with respect to transfers of stock to which subsection (a) applies as the Secretary determines to be necessary or appropriate to carry out this section. . (b) Clerical amendment The table of sections for such part is amended by inserting after the item relating to section 83 the following new item: Sec. 83A. Qualified stock distributions to employees. . (c) Effective date The amendments made by this section shall apply to stock received by employees after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4089ih/xml/BILLS-113hr4089ih.xml
113-hr-4090
I 113th CONGRESS 2d Session H. R. 4090 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mr. Becerra (for himself, Mr. Levin , Mr. Rangel , Mr. Doggett , Mr. Thompson of California , Ms. Schwartz , and Mr. Crowley ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on 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 title II of the Social Security Act to improve the Social Security Administration’s ability to fight fraud, prevent errors, and protect the Social Security Trust Fund, and for other purposes. 1. Short title This Act may be cited as the Social Security Fraud and Error Prevention Act of 2014 . 2. Fraud and error prevention (a) In general Section 201 of the Social Security Act ( 42 U.S.C. 401 et seq. ) is amended by striking subsection (n) and inserting the following: (n) Fraud and error prevention (1) Subject to paragraph (4), there is hereby appropriated from any one or all of the Trust Funds to the Social Security Administration for each fiscal year beginning with fiscal year 2015 for fraud and error prevention activities described in paragraph (3), in addition to any other amounts otherwise appropriated for such fiscal year, an amount equal to the sum of— (A) the applicable dollar amount (determined under paragraph (2)), plus (B) an amount equal to the sum of any fines or other monetary penalties recovered in the previous fiscal year pursuant to sections 208(a), 1129(a), 1140 (to the extent that such penalties are imposed for misuse of words, letters, symbols, or emblems relating to the Social Security Administration), and 1632(a). (2) The applicable dollar amount determined under this clause is— (A) for fiscal year 2015, $1,750,000,000; (B) for each of fiscal years 2016 through 2020, $1,800,000,000; and (C) for each fiscal year thereafter, $1,800,000,000 multiplied by the ratio (not less than 1) of— (i) the Consumer Price Index for all Urban Consumers (CPI–U, published by the Bureau of Labor Statistics of the Department of Labor) for the 1st full calendar year preceding such fiscal year, to (ii) the CPI–U for 2018. (3) The Commissioner of Social Security may use funds appropriated under paragraph (1) for the following purposes: (A) Medical continuing disability reviews conducted pursuant to section 221(i) and section 1614(a)(3)(H). (B) SSI redeterminations conducted pursuant to section 1611(c). (C) Work-related continuing disability reviews conducted pursuant to section 223(f). (D) Establishment or expansion of cooperative disability investigations (CDI) units. (E) Pre-effectuation reviews conducted pursuant to section 221(c) and section 1633(e). (F) Quality reviews of decisions made by an administrative law judge under this title or title XVI in accordance with section 221(n). (G) Recovery of overpayments under sections 204 and 1631(b). (H) Recovery of civil penalties imposed under sections 1129 and 1140. (I) Supporting prosecution of felonies under section 208. (4) Funds appropriated under paragraph (1) for a fiscal year shall not be available for obligation until the report required to be submitted under paragraph (5) 60 days prior to the beginning of such fiscal year has been submitted. (5) Not later than 60 days prior to the beginning of each fiscal year after 2014, the Commissioner of Social Security shall submit a report to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Office of Management and Budget that includes the following: (A) A plan for conducting the fraud and error prevention activities described in paragraph (3) in such fiscal year, including— (i) an itemized statement of the dollar amounts expected to be spent on each such activity during such fiscal year; (ii) an itemized statement of the estimated long-term savings to the Trust Funds and the Treasury expected to be obtained as a result of each such activity, and a statement of the estimated total value of benefits paid under this title solely as a result of such activities; (iii) performance targets for each such activity; and (iv) a certification from the Chief Actuary of the Social Security Administration that the plan will improve the actuarial status of the Trust Funds. (B) An assessment of the fraud and error prevention activities described in paragraph (3) conducted in the previous fiscal year, including— (i) an itemized statement of the dollar amounts spent on each such activity during such fiscal year; (ii) an itemized statement of the estimated long-term savings to the Trust Funds and the Treasury obtained as a result of each such activity, and a statement of the estimated total value of benefits paid under this title solely as a result of such activities; (iii) an assessment of the extent to which performance targets set in the applicable plan for such fiscal year were met; (iv) an explanation and a corrective action plan for any failure to meet such performance targets; and (v) an assessment of whether funds made available under paragraph (1) for such fiscal year were adequate to protect the Trust Funds from fraud and errors, an explanation of any such funds that remained unobligated at the end of the fiscal year, and recommendations for needed adjustments to future funding in order to protect the Trust Funds from fraud and errors and any additional cost-effective strategies for improving the actuarial status of the Trust Funds. (6) Of the discretionary amounts made available for Social Security Administration—Limitation on Administrative Expenses for each fiscal year beginning with fiscal year 2015, the amount obligated for the activities described in paragraph (3) shall be not less than the sum of— (A) $273,000,000; plus (B) the amount obligated from funds made available for Social Security Administration—Limitation on Administrative Expenses for fiscal year 2013 for the activities described in subparagraphs (C) through (I) of paragraph (3). . 3. Expansion of cooperative disability investigations units Not later than October 1, 2017, the Commissioner of Social Security shall take any necessary actions to ensure that cooperative disability investigations (CDI) units have been established for each of the 50 States, the District of Columbia, Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa. 4. Codification of requirement to conduct quality reviews Section 221 of the Social Security Act is amended by adding at the end the following: (n) (1) The Commissioner of Social Security shall conduct quality reviews in accordance with section 969 of part 404 of title 20, Code of Federal Regulations, in cases described in section 970(a) of such part (as such sections were in effect on January 1, 2014) with respect to decisions in connection with applications for benefits under this title and title XVI, in a sufficient number to ensure compliance with laws, regulations, and other guidance issued by the Commissioner of Social Security. (2) The Commissioner of Social Security shall annually 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) the total number of cases selected for a quality review as described in paragraph (1); (B) the number of such cases in which a decision is remanded; and (C) the number of such cases in which a decision is modified or reversed. . 5. Report on work-related continuing disability reviews Section 223 of the Social Security Act is amended by adding at the end the following: (k) Report on work-Related continuing disability reviews The Commissioner of Social Security shall annually submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the number of work-related continuing disability reviews conducted pursuant to subsection (f). Such report shall include— (1) the total number of reports of earnings received by the Commissioner in the previous calendar year from individuals receiving benefits on account of disability under this title or title XVI; (2) the number of such reports that resulted in a determination by the Commissioner to conduct a work-related continuing disability review with respect to the beneficiary to whom such report pertains, and the basis on which such determinations were made; (3) in the case of a beneficiary selected for a work-related continuing disability review on the basis of a report of earnings— (A) the average number of days between the submission of the report and the initiation of the review, and the average number of days between the initiation and the completion of the review; (B) the number of such reviews completed during such calendar year, and the number of such reviews that result in a suspension or termination of benefits; and (C) the number of such reviews that had not been completed as of the end of such calendar year; (4) the total savings to the Trust Funds and the Treasury generated from benefits terminated as a result of such reviews; and (5) with respect to individuals for whom a work-related continuing disability review was completed during such calendar year— (A) the number who participated in the Ticket to Work program under section 1148 during such calendar year; (B) the number who used any program work incentives during such calendar year; and (C) the number who received vocational rehabilitation services during such calendar year with respect to which the Commissioner of Social Security reimbursed a State agency under section 222(d). . 6. Coordination of reports relating to disability benefits Section 221(i)(3) of the Social Security Act ( 42 U.S.C. 421(i)(3) ) is amended by adding at the end the following: To the extent the Commissioner of Social Security determines to be necessary for maximum efficiency, the Commissioner may submit a combined report consisting of the information required to be submitted under this paragraph, subsection (c)(3)(C), subsection (n)(2), section 201(n)(5), and section 223(k). . 7. Increased penalties in certain cases of fraud (a) Conspiracy To commit Social Security fraud Section 208(a) of the Social Security Act ( 42 U.S.C. 408(a) ) is amended— (1) in paragraph (7)(C), by striking or at the end; (2) in paragraph (8), by adding or at the end; and (3) by inserting after paragraph (8) the following: (9) conspires to commit any offense described in any of paragraphs (1) through (4), . (b) Increased criminal penalties for certain individuals in positions of trust Section 208(a) of such Act ( 42 U.S.C. 408(a) ), as amended by subsection (a), is further amended by striking the period at the end and inserting , except that in the case of a person who receives a fee or other income for services performed in connection with any determination with respect to benefits under this title, or who is a physician or other health care provider who submits medical evidence in connection with any such determination, such person shall be guilty of a felony and upon conviction thereof shall be fined under title 18, United States Code, or imprisoned for not more than ten years, or both. . (c) Increased civil penalties for certain individuals in positions of trust Section 1129(a)(1) of such Act ( 42 U.S.C. 1320a–8(a)(1) ) is amended, in the matter following subparagraph (C), by inserting after withholding disclosure of such fact the following: , except that in the case of such a person who receives a fee or other income for services performed in connection with any such determination or who is a physician or other health care provider who submits medical evidence in connection with any such determination, the amount of such penalty shall be not more than $7,500 . (d) References to Social Security and Medicare in electronic communications Section 1140(a)(1) of the Social Security Act ( 42 U.S.C. 1320b–10(a)(1) ) is amended by inserting (including any electronic communication) after or other communication . (e) Inflation adjustment of certain civil penalties Title XI of the Social Security Act is amended by inserting after section 1129B the following: 1129C. Civil penalty inflation adjustment (a) Adjustment by regulation The Commissioner of Social Security shall, not later than 180 days after the date of enactment of the Social Security Fraud and Error Prevention Act of 2014 , and at least once every 4 years thereafter— (1) by regulation adjust the maximum amount of each civil monetary penalty by the inflation adjustment described under subsection (b); and (2) publish each such regulation in the Federal Register. (b) Amount of adjustment The inflation adjustment under subsection (a) shall be determined by increasing the maximum amount of each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subsection shall be rounded to the nearest— (1) multiple of $1,000 in the case of penalties greater than $1,000 but less than or equal to $10,000; and (2) multiple of $5,000 in the case of penalties greater than $10,000 but less than or equal to $100,000. (c) Definitions For purposes of this section— (1) the term civil monetary penalty means— (A) a penalty imposed by paragraph (1) or (3) of section 1129(a); and (B) a penalty imposed by paragraph (1) or (2) of section 1140(b). (2) the term cost-of-living adjustment means the percentage (if any) for each civil monetary penalty by which— (A) the Consumer Price Index for the month of June of the calendar year preceding the adjustment, exceeds (B) the Consumer Price Index for the month of June of the calendar year in which the amount of such civil monetary penalty was last set or adjusted pursuant to law. (d) Application of increase Any increase under this Act in a civil monetary penalty shall apply only to violations which occur after the date the increase takes effect. . 8. Exclusion of certain medical evidence in disability cases (a) In general Section 223(d)(5) of the Social Security Act ( 42 U.S.C. 423(d)(5) ) is amended by adding at the end the following: (C) In making any determination with respect to whether an individual is under a disability or continues to be under a disability, the Commissioner of Social Security may not consider, except for good cause as determined by the Commissioner, any evidence furnished by a physician or other health care provider who— (i) has been barred from practice in any State; or (ii) has been assessed a penalty under section 1128 or 1129 for the submission of false evidence. . (b) Regulations Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security shall issue regulations to carry out the amendment made by subsection (a). (c) Effective date The amendment made by subsection (a) shall apply with respect to determinations of disability made on or after the date that is 1 year after the date of enactment of this Act. 9. Repeal of program integrity adjustments to discretionary spending limits Section 251(b)(2)(B)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended— (1) in subclause (II), by adding and at the end; (2) in subclause (III), by striking the semicolon at the end and inserting a period; and (3) by striking subclauses (IV) through (X).
https://www.govinfo.gov/content/pkg/BILLS-113hr4090ih/xml/BILLS-113hr4090ih.xml
113-hr-4091
I 113th CONGRESS 2d Session H. R. 4091 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mr. Poe of Texas introduced the following bill; which was referred to the Committee on the Judiciary A BILL To authorize Members of Congress to bring an action for declaratory and injunctive relief in response to a written statement by the President or any other official in the executive branch directing officials of the executive branch to not enforce a provision of law. 1. Short title This Act may be cited as the Constitutional Check and Balance Act . 2. Authorizing cause of action by Members of Congress in response to written statement by the President or other executive branch official directing executive branch officials to not enforce a law (a) Cause of Action Authorized If the President or any other official in the executive branch issues a memorandum or other written statement directing any official in the executive branch to not enforce a provision of law, a Member of Congress who meets the criteria described in subsection (b) may bring an action for declaratory or injunctive relief in an appropriate United States district court to compel such official to enforce that provision of law. (b) Criteria for Eligibility A Member of Congress meets the criteria described in this subsection with respect to a provision of law if the Member cast a recorded vote on final passage of the version of the bill or joint resolution which was enacted into law and included that provision.
https://www.govinfo.gov/content/pkg/BILLS-113hr4091ih/xml/BILLS-113hr4091ih.xml
113-hr-4092
I 113th CONGRESS 2d Session H. R. 4092 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mr. Cartwright (for himself, Mr. Welch , Mr. Sires , Ms. Shea-Porter , Mr. Holt , Mr. Peters of California , Mr. Loebsack , Mr. Larson of Connecticut , Mr. Lowenthal , Mr. Delaney , Ms. Clark of Massachusetts , Mr. Schiff , Mr. Mullin , Mr. Price of North Carolina , Mr. Pocan , Mr. Connolly , Mr. Grayson , Mr. Sablan , and Mr. Honda ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Energy Policy and Conservation Act to establish the Office of Energy Efficiency and Renewable Energy as the lead Federal agency for coordinating Federal, State, and local assistance provided to promote the energy retrofitting of schools. 1. Short title This Act may be cited as the Streamlining Energy Efficiency for Schools Act of 2014 . 2. Coordination of energy retrofitting assistance for schools Section 392 of the Energy Policy and Conservation Act ( 42 U.S.C. 6371a ) is amended by adding at the end the following: (e) Coordination of energy retrofitting assistance for schools (1) Definition of school In this subsection, the term school means— (A) an elementary school or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); (B) an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) ); (C) a school of the defense dependents’ education system under the Defense Dependents’ Education Act of 1978 ( 20 U.S.C. 921 et seq. ) or established under section 2164 of title 10, United States Code; (D) a school operated by the Bureau of Indian Affairs; (E) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2511 )); and (F) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) )). (2) Designation of lead agency The Secretary, acting through the Office of Energy Efficiency and Renewable Energy, shall act as the lead Federal agency for coordinating and disseminating information on existing Federal programs and assistance that may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools. (3) Requirements In carrying out coordination and outreach under paragraph (2), the Secretary shall— (A) in consultation and coordination with the appropriate Federal agencies, carry out a review of existing programs and financing mechanisms (including revolving loan funds and loan guarantees) available in or from the Department of Agriculture, the Department of Energy, the Department of Education, the Department of the Treasury, the Internal Revenue Service, the Environmental Protection Agency, and other appropriate Federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools; (B) establish a Federal cross-departmental collaborative coordination, education, and outreach effort to streamline communication and promote available Federal opportunities and assistance described in subparagraph (A), for energy efficiency, renewable energy, and energy retrofitting projects that enables States, local educational agencies, and schools— (i) to use existing Federal opportunities more effectively; and (ii) to form partnerships with Governors, State energy programs, local educational, financial, and energy officials, State and local government officials, nonprofit organizations, and other appropriate entities, to support the initiation of the projects; (C) provide technical assistance for States, local educational agencies, and schools to help develop and finance energy efficiency, renewable energy, and energy retrofitting projects— (i) to increase the energy efficiency of buildings or facilities; (ii) to install systems that individually generate energy from renewable energy resources; (iii) to establish partnerships to leverage economies of scale and additional financing mechanisms available to larger clean energy initiatives; or (iv) to promote— (I) the maintenance of health, environmental quality, and safety in schools, including the ambient air quality, through energy efficiency, renewable energy, and energy retrofit projects; and (II) the achievement of expected energy savings and renewable energy production through proper operations and maintenance practices; (D) develop and maintain a single online resource Web site with contact information for relevant technical assistance and support staff in the Office of Energy Efficiency and Renewable Energy for States, local educational agencies, and schools to effectively access and use Federal opportunities and assistance described in subparagraph (A) to develop energy efficiency, renewable energy, and energy retrofitting projects; and (E) establish a process for recognition of schools that— (i) have successfully implemented energy efficiency, renewable energy, and energy retrofitting projects; and (ii) are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts. (4) Report Not later than 180 days after the date of enactment of this subsection, the Secretary shall submit to Congress a report describing the implementation of this subsection. (5) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2015 through 2019. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4092ih/xml/BILLS-113hr4092ih.xml
113-hr-4093
I 113th CONGRESS 2d Session H. R. 4093 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mr. Graves of Missouri introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to raise the prime and subcontract goals, and for other purposes. 1. Short title This Act may be cited as the Greater Opportunities for Small Business Act of 2014 . 2. Small business prime and subcontract participation goals raised (a) Goals in subcontracting plans Section 8(d)(6)(A) of the Small Business Act ( 15 U.S.C. 637(d)(6)(A) ) is amended by inserting after percentage goals the following: of not less than 40 percent . (b) Prime contracting goals Section 15(g)(1)(A)(i) of the Small Business Act ( 15 U.S.C. 644(g)(1)(A)(i) ) is amended by striking 23 percent and inserting 25 percent . (c) Delayed effective date The amendment made by subsection (a) of this section shall take effect only beginning on the date on which the Administrator of the Small Business Administration has promulgated any regulations necessary, and the Federal Acquisition Regulation has been revised, to implement section 1614 of the National Defense Authorization Act for Fiscal Year 2014 and the amendments made by such section. 3. Repeal of certain provision pertaining to accounting of subcontractors Section 15(g) of the Small Business Act ( 15 U.S.C. 644(g) ) is amended by striking paragraph (3).
https://www.govinfo.gov/content/pkg/BILLS-113hr4093ih/xml/BILLS-113hr4093ih.xml
113-hr-4094
I 113th CONGRESS 2d Session H. R. 4094 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mr. Graves of Missouri introduced the following bill; which was referred to the Committee on Small Business A BILL To direct the Administrator of the Small Business Administration to develop and implement a plan to improve the quality of data reported on bundled and consolidated contracts, and for other purposes. 1. Short title This Act may be cited as the Contracting Data and Bundling Accountability Act of 2014 . 2. Plan for improving data on bundled and consolidated contracts Section 15 of the Small Business Act ( 15 U.S.C. 644 ) is amended by adding at the end the following new subsection: (s) Data quality improvement plan (1) In general Not later than the first day of fiscal year 2016, the Administrator of the Small Business Administration, in consultation with the Small Business Procurement Advisory Council, the Administrator of the Office of Federal Procurement Policy, and the Administrator of the General Services Administration shall develop a plan to improve the quality of data reported on bundled and consolidated contracts in the Federal procurement data system. (2) Plan requirements The plan shall— (A) describe the roles and responsibilities of the Administrator of the Small Business Administration, the Directors of the Offices of Small and Disadvantaged Business Utilization, the Small Business Procurement Advisory Council, the Administrator of the Office of Federal Procurement Policy, the Administrator of the General Services Administration, the senior procurement executives, and Chief Acquisition Officers in implementing the plan described in paragraph (1) and contributing to the annual report required by subsection (p)(4); (B) make necessary changes to policies and procedures on proper identification and mitigation of contract bundling and consolidation, and to training procedures of relevant personnel on proper identification and mitigation of contract bundling and consolidation; (C) establish consequences for failure to properly identify contracts as bundled or consolidated; (D) establish requirements for periodic and statistically valid data verification and validation; and (E) assign clear data verification responsibilities. (3) Implementation Not later than the first day of fiscal year 2017, the Administrator of the Small Business Administration shall implement the plan described in this subsection. (4) Certification The Administrator shall annually provide to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate certification of the accuracy and completeness of data reported on bundled and consolidated contracts. (5) GAO study and report (A) Study Not later than the first day of fiscal year 2018, the Comptroller General of the United States shall initiate a study on the effectiveness of the plan described in this subsection that shall assess whether contracts were accurately labeled as bundled or consolidated. (B) Contracts evaluated For the purposes of conducting the study described in subparagraph (A), the Comptroller General of the United States— (i) shall evaluate, for work in each of sectors 23, 33, 54, and 56 (as defined by the North American Industry Classification System), not fewer than 100 contracts in each sector; (ii) shall evaluate only those contracts— (I) awarded by an agency listed in section 901(b) of title 31, United States Code; and (II) that have a Base and Exercised Options Value, an Action Obligation, or a Base and All Options Value; and (iii) shall not evaluate contracts that have used any set aside authority. (C) Report Not later than 12 months after initiating the study required by subparagraph (A), the Comptroller General of the United States shall report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on the results from such study and, if warranted, any recommendations on how to improve the quality of data reported on bundled and consolidated contracts. (6) Definitions In this subsection the following definitions shall apply: (A) Chief Acquisition Officer; senior procurement executive The terms Chief Acquisition Officer and senior procurement executive have the meanings given such terms in section 44 of this Act. (B) Federal procurement data system definitions The terms Base and Exercised Options Value , Action Obligation , Base and All Options Value , and set aside authority have the meanings given such terms by the Administrator for Federal Procurement Policy in the Federal procurement data system on October 1, 2013, or subsequent equivalent terms. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4094ih/xml/BILLS-113hr4094ih.xml
113-hr-4095
I 113th CONGRESS 2d Session H. R. 4095 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mr. Runyan (for himself and Ms. Titus ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To increase, effective as of December 1, 2014, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, and for other purposes. 1. Short title This Act may be cited as the Veterans’ Compensation Cost-of-Living Adjustment Act of 2014 . 2. Increase in rates of disability compensation and dependency and indemnity compensation (a) Rate adjustment Effective on December 1, 2014, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2013, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b). (b) Amounts To be increased The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation Each of the dollar amounts under section 1114 of title 38, United States Code. (2) Additional compensation for dependents Each of the dollar amounts under section 1115(1) of such title. (3) Clothing allowance The dollar amount under section 1162 of such title. (4) Dependency and indemnity compensation to surviving spouse Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title. (5) Dependency and indemnity compensation to children Each of the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of Increase (1) Percentage Except as provided in paragraph (2), each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2013, as a result of a determination under section 215(i) of such Act ( 42 U.S.C. 415(i) ). (2) Rounding Each dollar amount increased under paragraph (1), if not a whole dollar amount, shall be rounded to the next lower whole dollar amount. (d) Special rule The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85–857 (72 Stat. 1263) who have not received compensation under chapter 11 of title 38, United States Code. 3. Publication of adjusted rates The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in section 2(b), as increased under that section, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act ( 42 U.S.C. 415(i)(2)(D) ) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2015.
https://www.govinfo.gov/content/pkg/BILLS-113hr4095ih/xml/BILLS-113hr4095ih.xml
113-hr-4096
I 113th CONGRESS 2d Session H. R. 4096 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mr. Runyan (for himself and Ms. Titus ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide for annual cost-of-living adjustments to be made automatically by law each year in the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of certain service-connected disabled veterans. 1. Short title This Act may be cited as the American Heroes COLA Act of 2014 . 2. Automatic annual increase in rates of disability compensation and dependency and indemnity compensation (a) Indexing to social security increases Section 5312 of title 38, United States Code, is amended by adding at the end the following new subsection: (d) (1) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) as a result of a determination made under section 215(i) of such Act ( 42 U.S.C. 415(i) ), the Secretary shall, effective on the date of such increase in benefit amounts, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in paragraph (2), as such amounts were in effect immediately before the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased. (2) The dollar amounts to be increased pursuant to paragraph (1) are the following: (A) Wartime disability compensation Each of the dollar amounts in effect under section 1114 of this title. (B) Additional compensation for dependents Each of the dollar amounts in effect under section 1115(1) of this title. (C) Clothing allowance The dollar amount in effect under section 1162 of this title. (D) Dependency and indemnity compensation to surviving spouse Each of the dollar amounts in effect under subsections (a) through (d) of section 1311 of such title. (E) Dependency and indemnity compensation to children Each of the dollar amounts in effect under sections 1313(a) and 1314 of such title. (3) Whenever there is an increase under paragraph (1) in amounts in effect for the payment of disability compensation and dependency and indemnity compensation, the Secretary shall publish such amounts, as increased pursuant to such paragraph, in the Federal Register at the same time as the material required by section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) is published by reason of a determination under section 215(i) of such Act ( 42 U.S.C. 415(i) ). (4) Each dollar amount increased under paragraph (1), if not a whole dollar amount, shall be rounded to the next lower whole dollar amount. (5) The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85–857 (72 Stat. 1263) who have not received compensation under chapter 11 of this title. . (b) Effective date Subsection (d) of section 5312 of title 38, United States Code, as added by subsection (a) of this section, shall take effect on December 1, 2015.
https://www.govinfo.gov/content/pkg/BILLS-113hr4096ih/xml/BILLS-113hr4096ih.xml
113-hr-4097
I 113th CONGRESS 2d Session H. R. 4097 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mr. McDermott introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on Natural Resources and 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 ensure that proper information gathering and planning are undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River Basin in a manner that protects and enhances local communities, ensures effective expenditure of Federal resources, and maintains reasonably priced, reliable power, to direct the Secretary of Commerce to seek scientific analysis of Federal efforts to restore salmon and steelhead listed under the Endangered Species Act of 1973, and for other purposes. 1. Short title This Act may be cited as the Salmon Solutions and Planning Act . 2. Findings and purposes (a) Findings Congress finds and declares the following: (1) Thirteen salmon and steelhead species in the Columbia and Snake River Basin are listed for protection under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) as a consequence of various factors, including the construction and operation of hydroelectric projects, harvest management practices, habitat degradation, altered in-stream flow regimes, and unsound hatchery practices. (2) The original range of Snake River salmon included not only their existing habitat, but also habitat in the upper Columbia River and the upper Snake River Basins, including southern Idaho, southeast Oregon, and northern Nevada. (3) Since the construction of 4 Federal dams on the lower Snake River in Washington, all salmon and steelhead populations in the Snake River are either already extinct or listed as an endangered or threatened species under the Endangered Species Act of 1973. (4) Without action, climate change and rising water temperatures will continue to have detrimental effects on many North American coldwater fish species, including salmon and steelhead populations. Due to their high-elevation spawning grounds, Snake River salmon are key to maintaining and rebuilding those salmon populations threatened by rising water temperatures throughout the Columbia River Basin. (5) Salmon and steelhead populations have major economic, ecological, educational, recreational, scientific, cultural, and spiritual significance to the Nation and its people. Even at their current depressed population levels, these salmon and steelhead populations generate hundreds of millions of dollars in direct and indirect benefits for communities in Alaska, Washington, Oregon, Idaho, and California; restoring these populations is estimated to generate billions of dollars in additional revenue for these States. (6) The United States has signed treaties with Indian tribes in Washington, Oregon, Montana, and Idaho and with the Government of Canada, creating legally enforceable treaty obligations to restore salmon populations to sustainable and harvestable levels. (7) The Federal Government, the Bonneville Power Administration, and United States ratepayers in the Pacific Northwest have spent more than $11,000,000,000 on salmon recovery efforts in the Columbia and Snake River Basin to date. (8) A federally funded group of State, tribal, Federal, and independent scientists found that removing the 4 lower Snake River dams in Washington is the surest way to protect and recover these salmon and steelhead populations. Similar conclusions have been reached by the Army Corps of Engineers and the Department of Commerce. (9) Significant sediment buildup behind the Lower Granite Dam poses a flood risk to the city of Lewiston, Idaho. A study by the Army Corps of Engineers found that nearly $2,000,000,000 worth of buildings and infrastructure face a growing threat of major damage from levee breaching. The same Corps study estimates that the costs of river-dredging and levee-raising needed to protect this area could cost taxpayers hundreds of millions of dollars. (10) A Federal court has found that all 4 lower Snake River dams violate water quality standards under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). (11) The removal of the 4 lower Snake River dams would open up more than 100 miles of free-flowing river ways to inland Northwest communities and provide needed resources for more effective and efficient freight transportation systems. (12) In the event the 4 lower Snake River dams are removed, their electricity generation, freight shipping, and water supply benefits must be replaced through other means in order to protect affected communities, farms, and the regional energy supply system; the dams' energy benefits should be replaced with cost-effective, clean renewable sources that focus on energy efficiency and conservation. (13) Studies have found that the Northwest has ample additional existing and potential clean renewable energy sources to replace the renewable electricity produced by the 4 lower Snake River dams in an environmentally sound and cost effective manner. (14) By completing the planning and evaluation required under this Act, the Northwest and the Nation will be better prepared to efficiently manage salmon recovery and ensure prompt implementation of Federal salmon recovery actions needed to protect and restore wild Columbia and Snake River salmon and steelhead. (b) Purposes The purpose of this Act are— (1) to ensure the protection and recovery of wild Columbia and Snake River salmon and steelhead to self-sustaining, harvestable levels, while providing for reliable, reasonably priced, clean renewable energy in the Northwest, a reliable and affordable freight transportation system, an economically sustainable salmon recovery program; and (2) to maximize the economic benefits of removal of the 4 lower Snake River dams while mitigating for its impacts. 3. Scientific analysis of Federal salmon recovery actions (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary of Commerce shall enter into an agreement with the National Academy of Sciences providing for a scientific analysis of Federal salmon recovery actions. (b) Review of Snake River dam removal and other actions Pursuant to the agreement under subsection (a), the National Academy of Sciences shall review, at minimum— (1) the impact, if any, that removal of the 4 lower Snake River dams would have on recovery of salmon and steelhead populations; and (2) any additional actions that may be necessary to achieve recovery of salmon and steelhead populations. (c) Report Pursuant to the agreement under subsection (a), the National Academy of Sciences shall submit, not later than 10 months after the date of enactment of this Act, a report on the results of the scientific analysis conducted under the agreement— (1) to the Secretary of the Army for consideration in developing the updated feasibility study under section 8; (2) to the Secretaries of Commerce, Transportation, Energy, and the Interior and the Administrator of the Environmental Protection Agency; and (3) to Congress. 4. Study of rail, highway, and barge improvements (a) In general The Secretary of Transportation shall conduct a peer-reviewed study of the rail, highway, and Columbia River barge infrastructure improvements that would be necessary to ensure a cost-effective and efficient transportation system for agricultural and other shippers who— (1) currently use barge transportation between Lewiston, Idaho, and the confluence of the Snake and Columbia Rivers; and (2) would be unable to do so if the 4 lower Snake River dams were removed. (b) Review of potential cost increases In carrying out subsection (a), the Secretary of Transportation shall review, at a minimum— (1) increases, if any, in shipping costs that would result if the 4 lower Snake River dams were removed; and (2) options for addressing any such increases so as to minimize the potential impact on shippers. (c) Input of interested parties In carrying out subsection (a), the Secretary of Transportation shall incorporate— (1) input and feedback from— (A) farmers and other shippers; (B) the Washington, Idaho, and Oregon State departments of transportation; and (C) other relevant stakeholders in the agricultural, business, and public interest communities; and (2) any suggestions or decisions arrived at through consensus deliberations of the same or similar participants. (d) Report Not later than 12 months after the date of enactment of this Act, the Secretary of Transportation shall transmit a report on the results of the study— (1) to the Secretary of the Army for consideration in developing the updated feasibility study under section 8; and (2) to Congress. 5. Study of energy replacement (a) In general The Secretary of Energy, in consultation with the Council on Environmental Quality, shall conduct a peer-reviewed study of the energy replacement options that exist to replace the power currently generated by the 4 lower Snake River dams in the event the dams are removed. (b) Review of potential clean renewable energy resources and certain projects In carrying out subsection (a), the Secretary of Energy shall review— (1) existing, planned, and potential clean renewable energy resources; and (2) energy efficiency, energy conservation, and combined heat and power projects. (c) Report Not later than 12 months after the date of enactment of this Act, the Secretary of Energy shall transmit a report on the results of the study— (1) to the Secretary of the Army for consideration in developing the updated feasibility study under section 8; and (2) to Congress. 6. Study of lower Snake River riverfront revitalization (a) In general The Secretary of the Army, in consultation with relevant State and local governments and interested parties, shall conduct a study of— (1) the riverfront revitalization and restoration opportunities that would exist in the event of the removal of the 4 lower Snake River dams; and (2) the costs that would be incurred to implement such revitalization and restoration measures. (b) Riverfront revitalization In carrying out subsection (a), the Secretary of the Army shall focus on riverfront revitalization for Lewiston, Idaho, and Clarkston, Washington, but may include a review of other impacted communities along the 140 miles of the lower Snake River. (c) Peer review The study shall be subject to peer review generally in accordance with section 2034 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2343 ) to determine the accuracy of the preferred engineering options and costs determined by the Secretary. (d) Report Not later than 12 months after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study, including the Secretary’s determinations concerning engineering options and costs. 7. Study of irrigation protections (a) In general The Secretary of the Interior, acting through the Bureau of Reclamation, shall conduct a peer-reviewed study of the options and costs regarding any modifications to affected irrigation systems, cooling systems, and private wells that would be needed if the 4 lower Snake River dams were removed. (b) Report Not later than 12 months after the date of enactment of this Act, the Secretary of the Interior shall transmit a report on the study— (1) to the Secretary of the Army for consideration in developing the updated feasibility study under section 8; and (2) to Congress. 8. Authorization and study of salmon recovery (a) Dam removal authorization Congress hereby determines that the Secretary of the Army may remove the 4 lower Snake River dams. (b) Review and Update of Feasibility Study The Secretary of the Army, in consultation with the Secretary of Commerce, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency, shall re-evaluate and update the U.S. Army Corps of Engineers' Final Lower Snake River Juvenile Salmon Migration Feasibility Report/Environmental Impact Statement (February 2002) pursuant to new information. (c) Considerations The updated feasibility study shall— (1) take into consideration the results of the studies and analyses carried out under this Act; and (2) incorporate and address, at a minimum— (A) current and expected future climate change impacts on Columbia and Snake River salmon and steelhead populations and their habitat; (B) replacement of the 4 lower Snake River dams’ average energy output (not nameplate capacity) with clean renewable energy resources, including energy efficiency and conservation; (C) options for keeping currently irrigated acreage intact and under irrigation in a dam removal scenario; (D) costs associated with Lower Granite Dam reservoir sediment/flood risk mitigation in a non-dam-removal scenario; (E) Passive Use Values associated with both dam removal and non-dam-removal scenarios; and (F) alternate methods for removing the 4 lower Snake River dams in addition to the method analyzed in the 2002 environmental impact statement, including full dam removal and removing or notching the dams’ concrete portions. (d) Completion; report; peer review The Secretary of the Army shall— (1) complete the re-evaluation and update and submit a report thereon to Congress within 24 months after the date of enactment of this Act; (2) include in the report a determination of engineering options and costs; and (3) submit the results of the re-evaluation and update (including such determination of engineering options and costs) to peer review generally in accordance with section 2034 of the Water Resources Development Act of 2007 ( 33 U.S.C. 2343 ) to determine the accuracy of the preferred engineering options and costs. 9. Definitions In this Act, the following definitions apply: (1) Clean renewable energy resources The term clean renewable energy resources means— (A) incremental electricity produced as the result of efficiency improvements to existing hydroelectric generation projects, including in irrigation pipes and canals, where the additional generation in either case does not result in new water diversions or impoundments; (B) wind; (C) solar energy; (D) geothermal energy; (E) landfill gas; (F) wave, ocean, or tidal power; (G) gas from sewage treatment facilities; (H) biomass energy (as defined in section 932(a) of the Energy Policy Act of 2005 (42 U.S.C. 16232(a))), excluding energy derived from— (i) pulping liquor from paper production; or (ii) forest materials from old growth forests; or (I) any combination of the energy resources described in this paragraph. (2) Federal salmon recovery actions The term Federal salmon recovery actions means Federal actions required to protect, recover, and restore salmon and steelhead in the Columbia and Snake River basin that are listed under section 4(c) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(c) ). The term shall not be construed as just those actions needed to avoid jeopardy of these salmon and steelhead populations under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (3) 4 Lower Snake River dams The term 4 lower Snake River dams means the following dams on the Snake River, Washington: (A) The Ice Harbor dam. (B) The Lower Monumental dam. (C) The Little Goose dam. (D) The Lower Granite dam. (4) Peer-reviewed study The term peer-reviewed study means, unless otherwise specified, a study subject to peer review in accordance with the guidelines issued by the Director of the Office of Management and Budget under section 515 of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106–554 ; 114 Stat. 2763A–153). (5) Salmon and steelhead populations The term salmon and steelhead populations means the evolutionarily significant units of salmon and steelhead in the Columbia and Snake River basin that are listed under section 4(c) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(c) ).
https://www.govinfo.gov/content/pkg/BILLS-113hr4097ih/xml/BILLS-113hr4097ih.xml
113-hr-4098
I 113th CONGRESS 2d Session H. R. 4098 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mrs. Blackburn (for herself, Mr. Fleischmann , Mr. Duncan of Tennessee , Mr. DesJarlais , Mr. Rogers of Kentucky , Mrs. Black , Mr. Fincher , Mr. Barr , Mr. Rahall , and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Horse Protection Act to provide increased protection for horses participating in shows, exhibitions, or sales, and for other purposes. 1. Short title This Act may be cited as the Horse Protection Amendments Act of 2013 . 2. Definition Section 2 of the Horse Protection Act ( 15 U.S.C. 1821 ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph: (2) The term objective inspection means an inspection conducted using only inspection methods based on science-based protocols (including swabbing or blood testing protocols) that— (A) have been the subject of testing and are capable of producing scientifically reliable, reproducible results; (B) have been subjected to peer review; and (C) have received acceptance in the veterinary or other applicable scientific community. . 3. Increasing protections for horses participating in horse shows, exhibitions, or sales or auctions (a) Findings Section 3 of the Horse Protection Act ( 15 U.S.C. 1822 ) is amended— (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following new paragraph: (4) the Inspector General of the Department of Agriculture has determined the program through which the Secretary inspects horses is not adequate to ensure compliance with this Act; . (b) Horse shows and exhibitions Section 4(c) of the Horse Protection Act ( 15 U.S.C. 1823(c) ) is amended— (1) in the first sentence, by striking appointment by the management of any horse show, horse exhibition, or horse sale or auction of persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses for the purposes of enforcing this Act and inserting that affiliation and appointment ; (2) by inserting before the first sentence, the following: (1) The Horse Industry Organization established under paragraph (2) shall establish a formal affiliation with the management of each horse sale, horse exhibition, and horse sale or auction, appoint inspectors to conduct inspections at each such show, exhibition, and sale or auction, and in coordination with the Secretary, otherwise ensure compliance with this Act. ; and (3) by adding at the end the following new paragraph: (2) (A) Not later than 180 days after the date of the enactment of this paragraph, the Secretary shall prescribe by regulation the establishment of a single horse industry organization (referred to in this Act as the Horse Industry Organization or the HIO ). The HIO shall be headed or otherwise governed by not more than nine individuals appointed in accordance with the following: (i) Four individuals shall be appointed by the heads of State agencies on agriculture, two of whom shall be appointed by the Commissioner of Agriculture for the State of Tennessee and two of whom shall be appointed by the Commissioner of Agriculture for the Commonwealth of Kentucky. (ii) Two individuals representing the Tennessee Walking Horse industry shall be appointed from within such industry by the individuals appointed under clause (i) in accordance with a process developed by the individuals so appointed in consultation with the Walking Horse Trainers’ Association. (iii) Not more than three individuals shall be appointed by the six individuals appointed under clauses (i) and (ii). (B) The nine individuals appointed under clauses (i), (ii), and (iii) of subparagraph (A) shall establish a process for filling any vacancy and for the subsequent appointment of individuals initially appointed under such subparagraph. (C) Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the HIO. (D) The Horse Industry Organization shall issue policies establishing requirements for any person licensed by the Horse Industry Organization or a member of the immediate family of such a person to be free from conflicts of interest, by reason of any association or connection with the walking horse industry including through— (i) being employed by or providing any services to any show manager, trainer, owner, or exhibitor of Tennessee Walking horses, Spotted Saddle horses, or Racking horses; and (ii) training, exhibiting, shoeing, breeding, or selling Tennessee Walking horses, Spotted Saddle horses, or Racking horses. (E) Not later than 90 days after the date on which the Horse Industry Organization is established pursuant to this paragraph, the Secretary shall revoke the certification issued to any horse industry organization under section 11.7 of title 9, Code of Federal Regulations (or any successor regulation), as in effect on such date. . (c) Unlawful acts Section 5 of the Horse Protection Act ( 15 U.S.C. 1824 ) is amended— (1) in paragraph (3), by striking appoint and retain a person in accordance with section 4(c) of this Act and inserting establish a formal affiliation with the Horse Industry Organization under section 4(c) ; (2) in paragraph (4), by striking appoint and retain a qualified person in accordance with section 4(c) of this Act and inserting establish a formal affiliation with the Horse Industry Organization under section 4(c) ; (3) in paragraph (5), by striking appointed and retained a person in accordance with section 4(c) of this Act and inserting establish a formal affiliation with the Horse Industry Organization under section 4(c) ; and (4) in paragraph (6)— (A) by striking appointed and retained a person in accordance with section 4(c) of this Act and inserting established a formal affiliation with the Horse Industry Organization under section 4(c) ; and (B) by striking such person or the Secretary and inserting a person licensed by the Horse Industry Organization . 4. Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue regulations to carry out the amendments made by this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4098ih/xml/BILLS-113hr4098ih.xml
113-hr-4099
I 113th CONGRESS 2d Session H. R. 4099 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Appropriations , and in addition to the Committee on 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 make supplemental appropriations for fiscal year 2014 for the tree and wood pests activities of the Animal and Plant Health Inspection Service and for certain forest health management and urban and community forestry activities of the Forest Service. 1. Short title This Act may be cited as the Temporary Resources for Emergency Eradication Act of 2014 or the TREE Act of 2014 . 2. Supplemental appropriations for APHIS tree and wood pests activities The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2014: Department of Agriculture Agricultural Programs Animal and Plant Health Inspection Service salaries and expenses For an additional amount for Animal and Plant Health Inspection Service-salaries and expenses for tree and wood pests, $37,000,000, to remain available until expended: Provided , That such amount is designated as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. 3. Supplemental appropriations for certain State and private forestry activities of the Forest Service The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2014: Department of Agriculture Forest Service state and private forestry For an additional amount for State and Private Forestry $20,000,000, to remain available until expended, of which $15,000,000 shall be used for forest health management for cooperative lands and $5,000,000 shall be used for urban and community forestry: Provided , That such amount is designated as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.
https://www.govinfo.gov/content/pkg/BILLS-113hr4099ih/xml/BILLS-113hr4099ih.xml
113-hr-4100
I 113th CONGRESS 2d Session H. R. 4100 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mr. Cotton (for himself, Mr. Graves of Missouri , Mr. Thompson of Pennsylvania , Mr. Griffin of Arkansas , Mr. Womack , Mr. Broun of Georgia , Mr. Bridenstine , and Mr. Crawford ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Water Resources Development Act of 1992 to permit the collection of user fees by non-Federal entities in connection with the challenge cost-sharing program for management of recreation facilities, and for other purposes. 1. Short title This Act may be cited as the Local Organization Cooperative Agreement for Land and Facility Maintenance Act of 2014 or the LOCAL Act of 2014 . 2. Challenge cost-sharing program for management of recreation facilities Section 225 of the Water Resources Development Act of 1992 ( 33 U.S.C. 2328 ) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) User fees (1) Collection of fees The Secretary may permit a non-Federal public or private entity that has entered into an agreement pursuant to subsection (b) to collect user fees for the use of developed recreation sites and facilities, whether developed or constructed by such entity or the Department of the Army. (2) Use of fees A non-Federal public or private entity collecting user fees pursuant to paragraph (1) may— (A) retain up to 100 percent of the fees collected, as determined by the Secretary; and (B) use that amount, as approved by the Secretary, for operation, maintenance, and management at the recreation site where collected, notwithstanding section 210(b)(4) of the Flood Control Act of 1968 ( 16 U.S.C. 460d–3(b)(4) ). (3) Terms and conditions The authority of a non-Federal public or private entity under this subsection shall be subject to such terms and conditions as the Secretary determines necessary to protect the interests of the United States. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4100ih/xml/BILLS-113hr4100ih.xml
113-hr-4101
I 113th CONGRESS 2d Session H. R. 4101 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mrs. Ellmers introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to ensure that a TRICARE beneficiary receives written notice of any change to benefits received by the beneficiary under the TRICARE program, and for other purposes. 1. Short title This Act may be cited as the Timely Information Management Enforcement Act or the TIME Act . 2. Provision of written notice of change to TRICARE benefits (a) In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1097c the following new section: 1097d. TRICARE program: notice of change to benefits (a) Provision of notice (1) If the Secretary changes any benefits provided by the TRICARE program to covered beneficiaries, the Secretary shall provide individuals described in paragraph (2) with written notice explaining such changes. (2) The individuals described by this paragraph are covered beneficiaries and providers participating in the TRICARE program who may be affected by a change covered by a notification under paragraph (1). (3) The Secretary shall provide notice under paragraph (1) through both mail and electronic means. (b) Timing of notice The Secretary shall provide notice under paragraph (1) of subsection (a) by the earlier of the following dates: (1) The date that the Secretary determines would afford individuals described in paragraph (2) of such subsection adequate time to understand and respond to the change covered by the notification. (2) 90 days before the date on which the change covered by the notification becomes effective. (c) Delegation The Secretary may not delegate the authority under this section to any individual who is not an officer or employee of the Federal Government. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1097c the following new item: 1097d. TRICARE program: notice of change to benefits. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4101ih/xml/BILLS-113hr4101ih.xml
113-hr-4102
I 113th CONGRESS 2d Session H. R. 4102 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mr. Miller of Florida (for himself and Mrs. Walorski ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to clarify that the estate of a deceased veteran may receive certain accrued benefits upon the death of the veteran, and for other purposes. 1. Clarification of eligible recipients of certain accrued benefits upon death of beneficiary (a) Eligibility of estate Section 5121(a)(2) of title 38, United States Code, is amended— (1) in the matter preceding subparagraph (A), by inserting , or estate, after person ; and (2) by adding at the end the following new subparagraph: (D) The estate of the veteran (unless the estate will escheat). . (b) Effective date The amendment made by subsection (a) shall apply with respect to the death of an individual on or after the date of the enactment of this Act. (c) Relief of estate of Shelton Hickerson Notwithstanding section 5121 of title 38, United States Code, the Secretary of Veterans Affairs shall pay to the estate of Shelton Hickerson, formerly of Indianapolis, Indiana, the sum of $377,342, representing the amount that the Secretary awarded to Shelton Hickerson on the date of his death but was not payable to any survivor or the estate of Shelton Hickerson.
https://www.govinfo.gov/content/pkg/BILLS-113hr4102ih/xml/BILLS-113hr4102ih.xml
113-hr-4103
I 113th CONGRESS 2d Session H. R. 4103 IN THE HOUSE OF REPRESENTATIVES February 26, 2014 Mr. Nadler introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 17, United States Code, to secure the rights of visual artists to copyright, to provide for resale royalties, and for other purposes. 1. Short title This Act may be cited as the American Royalties Too Act of 2014 . 2. Definitions Section 101 of title 17, United States Code, is amended— (1) by inserting after the definition of architectural work the following: An auction means a public sale at which a work of visual art is sold to the highest bidder and which is run by an entity that sold not less than $1,000,000 of works of visual art during the previous year. ; (2) by inserting after the definition of Pictorial, graphic, and sculptural works the following: For purposes of section 106(b), price means the aggregate of all installments paid in cash or in-kind by or on behalf of a purchaser for a work of visual art as the result of the auction of that work. ; (3) by inserting after the definition of registration the following: For purposes of sections 106(b) and 701(b)(5), sale means transfer of ownership or physical possession of a work of visual art as the result of the auction of that work. ; and (4) in the definition of work of visual art , by striking A work of visual art is— and all that follows through by the author. and inserting the following: A work of visual art is a painting, drawing, print, sculpture, or photograph, existing either in the original embodiment or in a limited edition of 200 copies or fewer that bear the signature or other identifying mark of the author and are consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author. . 3. Exclusive rights Section 106 of title 17, United States Code, is amended— (1) by inserting (a) In general.— before Subject to sections 107 through 122 ; (2) in paragraph (5), by striking and at the end; (3) in paragraph (6), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (7) in the case of a work of visual art, to collect a royalty for the work if the work is sold by a person other than the author of the work for a price of not less than $5,000 as the result of an auction. (b) Collection of royalty (1) In general The collection of a royalty under subsection (a)(7) shall be conducted in accordance with this subsection. (2) Calculation of royalty (A) In general The royalty shall be an amount equal to the lesser of— (i) 5 percent of the price paid for the work of visual art; or (ii) $35,000. (B) Adjustment of amount In 2015 and each year thereafter, the dollar amount described in subparagraph (A)(ii) shall be increased by an amount equal to the product of— (i) that dollar amount; and (ii) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the year, determined by substituting calender year 2015 for calendar year 1992 in subparagraph (B) thereof. (3) Collection of royalty (A) Collection Not later than 90 days after the date on which the auction occurs, the entity that conducts the auction shall— (i) collect the royalty; and (ii) pay the royalty to a visual artists’ copyright collecting society. (B) Distribution Not fewer than 4 times each year, the visual artists’ copyright collecting society shall distribute to the author or his or her successor as copyright owner an amount equal to the difference between— (i) the net royalty attributable to the sales of the author; and (ii) the reasonable administrative expenses of the collecting society as determined by regulations issued under section 701(b)(5). (4) Failure to pay royalty Failure to pay a royalty provided for under this subsection shall— (A) constitute an infringement of copyright; and (B) be subject to— (i) the payment of statutory damages under section 504(c); and (ii) liability for payment of the full royalty due. (5) Right to collect royalty The right to collect a royalty under this subsection may not be sold, assigned, or waived except as provided in section 201. (6) Eligibility to receive royalty payment The royalty shall be paid to— (A) any author of a work of visual art— (i) who is a citizen of or domiciled in the United States; (ii) who is a citizen of or domiciled in a country that provides resale royalty rights; or (iii) whose work of visual art is first created in the United States or in a country that provides resale royalty rights; or (B) the successor as copyright owner of an author described in subparagraph (A). . 4. Notice of copyright Section 401 of title 17, United States Code, is amended by adding at the end the following: (e) Non-Applicability to works of visual art The provisions of this section shall not apply to a work of visual art. . 5. Copyright office Section 701(b) of title 17, United States Code, is amended by— (1) redesignating paragraph (5) as paragraph (6); and (2) inserting after paragraph (4) the following: (5) Issue regulations governing visual artists’ copyright collecting societies described in section 106, that— (A) establish a process by which an entity is determined to be and designated as a visual artists’ copyright collecting society, that— (i) requires that a visual artists’ copyright collecting society authorized to administer royalty collections and distributions under this title shall— (I) have prior experience in licensing the copyrights of authors of works of visual art in the United States; or (II) have been authorized by not fewer than 10,000 authors of works of visual art, either directly or through reciprocal agreements with foreign collecting societies, to license the rights granted under section 106; and (ii) prohibits an entity from being designated as a visual artists’ copyright collecting society if, during a period of not less than 5 years that begins after the date on which the entity is designated as a visual artists’ copyright collecting society, the entity does not distribute directly to each author, or to the successor as copyright owner of each author, the amount of the royalties required to be distributed under section 106(b)(3)(B); (B) determine a reasonable amount of administrative expenses that a visual artists’ copyright collecting society may deduct from the royalties payable to an author of a work of visual art under section 106(b)(3); and (C) establish a process by which— (i) not less frequently than annually, a visual artists’ copyright collecting society may request from any entity that conducts auctions a list of each work of visual art sold in those auctions that is by an author represented by the collecting society; and (ii) an author of a work of visual art may obtain from a visual artists’ copyright collecting society any information requested by the collecting society under clause (i) that relates to a sale of a work of visual art by the author, including the amount of any royalty paid to the collecting society on behalf of the author. . 6. Study required Not later than 5 years after the date of enactment of this Act, the Register of Copyrights shall— (1) conduct a study on— (A) the effects, if any, of the implementation of this Act, and the amendments made by this Act, on the art market in the United States; and (B) whether the provisions of this Act, and the amendments made by this Act, should be expanded to cover dealers, galleries, or other professionals engaged in the sale of works of visual art; and (2) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the study described in paragraph (1), including any recommendations for legislation. 7. Effective date This Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4103ih/xml/BILLS-113hr4103ih.xml
113-hr-4104
I 113th CONGRESS 2d Session H. R. 4104 IN THE HOUSE OF REPRESENTATIVES February 27, 2014 Mrs. Negrete McLeod 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 make permanent the 7.5 percent threshold for the medical expense deduction for people 65 or older. 1. Short title This Act may be cited as the Savings on Medical Expenses for Seniors Act of 2014 . 2. 7.5 percent threshold for medical expense deduction for people 65 or older made permanent (a) In general Section 213(a) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: (7.5 percent of adjusted gross income in the case that such taxpayer or such taxpayer's spouse has attained age 65 before the close of such taxable year) . (b) Conforming amendments (1) Section 213 of the Internal Revenue Code of 1986 is amended by striking subsection (f). (2) Section 56(b)(1)(B) of the Internal Revenue Code of 1986 is amended by striking subsection (f) of such section and inserting the parenthetical relating to 7.5 percent . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4104ih/xml/BILLS-113hr4104ih.xml
113-hr-4105
I 113th CONGRESS 2d Session H. R. 4105 IN THE HOUSE OF REPRESENTATIVES February 27, 2014 Mr. McDermott (for himself, Ms. DelBene , Mr. Heck of Washington , Mr. Kilmer , Mr. Larsen of Washington , and Mr. Smith of Washington ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , 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 establish a Maritime Goods Movement User Fee and provide grants for international maritime cargo improvements and for other purposes. 1. Short title This Act may be cited as the Maritime Goods Movement Act for the 21st Century . 2. Definitions In this Act: (1) Commercial cargo The term commercial cargo — (A) means— (i) any cargo transported on a commercial vessel, including passengers transported for compensation or hire; and (ii) international maritime cargo; and (B) does not include— (i) bunker fuel, ship’s stores, sea stores, or the legitimate equipment necessary to the operation of a vessel; or (ii) fish or other aquatic animal life caught and not previously landed on shore. (2) Commercial vessel The term commercial vessel — (A) means any vessel used— (i) in transporting cargo by water for compensation or hire; or (ii) in transporting cargo by water in the business of the owner, lessee, or operator of the vessel; and (B) does not include any ferry engaged primarily in the ferrying of passengers (including their vehicles) between points within the United States, or between the United States and contiguous countries. (3) Ferry The term ferry means any vessel which arrives in the United States on a regular schedule during its operating season at intervals of at least once each business day. (4) International maritime cargo The term international maritime cargo means any cargo moved by ship that is imported directly into the United States from a point outside the United States, including— (A) cargo that arrives in the United States by ship; or (B) cargo that is unloaded in an intermediate country and arrives in the United States by another form of transit without being altered in any manner in the intermediate country. (5) Low-use port The term low-use port means a port at which not more than 1,000,000 tons of cargo is transported each calendar year. (6) Point of entry The term point of entry means a place where commercial cargo enters the United States. (7) Port (A) In general Except as provided in subparagraphs (B) and (C), or otherwise specifically provided in this Act, the term port means any channel or harbor (or component thereof) in the United States, which— (i) is not an inland waterway; and (ii) is open to public navigation. (B) Exception for certain facilities The term port does not include any channel or harbor with respect to which no Federal funds have been used since 1977 for construction, maintenance, or operation, or which was deauthorized by Federal law before 2013. (C) Special rule for the Columbia River The term port shall include the channels of the Columbia River in the States of Oregon and Washington only up to the downstream side of the Bonneville Lock and Dam. (8) Super donor port (A) In general The term super donor port means a port for which average expenditures in the 5 previous fiscal years— (i) for fiscal years beginning prior to the date of the enactment of this Act, from the Harbor Maintenance Trust Fund pursuant to section 9505(c)(1) of the Internal Revenue Code of 1986 (relating to expenditures from the Harbor Maintenance Trust Fund) are less than 10 percent of the total average amount of harbor maintenance taxes collected through landings at such port in such fiscal years; or (ii) for fiscal years beginning after such date of enactment, from the amounts collected for the Maritime Goods Movement User Fee are less than 10 percent of the total average amount of such Fees collected through landings at such port. (B) Included expenditures The amount of expenditures under subparagraph (A) shall only include expenditures made at such a port in the immediate harbor area containing docks and other facilities utilized for the loading and unloading of foreign waterborne commerce and in any navigational channels in the United States that are necessary for the transportation of such foreign waterborne commerce between such immediate harbor areas and foreign ports. (9) Value The term value means— (A) with respect to domestic commercial cargo, the value as determined by standard commercial documentation; (B) with respect to imported commercial cargo, the appraised value for duty as determined under section 402 of the Tariff Act of 1930 ( 19 U.S.C. 1401a ); or (C) with respect to the transportation of passengers for hire, the actual charge paid for such service or the prevailing charge for comparable service if no actual charge is paid. 3. Establishment of Maritime Goods Movement User Fee (a) Establishment of fee (1) In general Except as otherwise provided in this section, there is imposed a Maritime Goods Movement User Fee on all commercial cargo— (A) unloaded from or loaded on a commercial vessel at a port; or (B) that enters the United States at a point of entry. (2) Effective date The Maritime Goods Movement User Fee shall be imposed on commercial cargo under paragraph (1) beginning on October 1 of the first fiscal year beginning after the date of the enactment of this Act. (b) Fee amount The amount of the Maritime Goods Movement User Fee shall be an amount equal to 0.125 percent of the value of the commercial cargo. (c) Collection of fee The Maritime Goods Movement User Fee shall be collected by U.S. Customs and Border Protection. (d) Time of imposition of fee The Maritime Goods Movement User Fee shall be imposed on commercial cargo at the time— (1) the commercial cargo is unloaded from or loaded on a commercial vessel at a port in the United States; or (2) the commercial cargo enters the United States at a point of entry. (e) Inapplicability to cargo No Maritime Goods Movement User Fee shall be imposed under this section on any export of the United States. (f) Coordination of fee where transportation subject to tax imposed under 4042 of the Internal Revenue Code No Maritime Goods Movement User Fee shall be imposed under this section with respect to the loading or unloading of any cargo on or from a vessel if any fuel of such vessel has been (or will be) subject to the tax imposed by section 4042 of the Internal Revenue Code of 1986 (relating to tax on fuels used in commercial transportation on inland waterways). (g) Special rule for Alaska, Hawaii, and possessions (1) In general No Maritime Goods Movement User Fee shall be imposed on— (A) cargo loaded on a vessel in a port in the United States mainland for transportation to Alaska, Hawaii, or any possession of the United States for ultimate use or consumption in Alaska, Hawaii, or any possession of the United States; (B) cargo loaded on a vessel in Alaska, Hawaii, or any possession of the United States for transportation to the United States mainland, Alaska, Hawaii, or such a possession for ultimate use or consumption in the United States mainland, Alaska, Hawaii, or such a possession; (C) the unloading of cargo described in subparagraph (A) or (B) in Alaska, Hawaii, or any possession of the United States, or in the United States mainland, respectively; or (D) cargo loaded on a vessel in Alaska, Hawaii, or a possession of the United States and unloaded in the State or possession in which loaded, or passengers transported on United States flag vessels operating solely within the State waters of Alaska or Hawaii and adjacent international waters. (2) Cargo For purposes of this subsection, the term cargo does not include crude oil with respect to Alaska. (3) United States mainland For purposes of this section, the term United States mainland means the continental United States (not including Alaska). (h) Special rules Except as provided by regulations: (1) Fee imposed only once The Maritime Goods Movement User Fee shall be imposed on the same commercial cargo only 1 time. (2) Exception for intraport movements Under regulations, no Maritime Goods Movement User Fee shall be imposed on the mere movement of commercial cargo within a port. (3) Relay cargo Only 1 Maritime Goods Movement User Fee shall be imposed on cargo (moving under a single bill of lading) which is unloaded from one vessel and loaded onto another vessel at any port in the United States for relay to or from any port in Alaska, Hawaii, or any possession of the United States. For purposes of this paragraph, the term cargo does not include any item not treated as cargo under subsection (g)(2). (i) Exemption for United States No Maritime Goods Movement User Fee shall be imposed on the United States or any agency or instrumentality thereof. (j) Exemption for humanitarian and development assistance cargos No Maritime Goods Movement User Fee shall be imposed on any nonprofit organization or cooperative for cargo which is owned or financed by such nonprofit organization or cooperative and which is certified by the U.S. Customs and Border Protection as intended for use in humanitarian or development assistance overseas. (k) Limitation on collection of fee No fee may be collected under this section except to the extent that the expenditure of the fee to pay the costs of activities and services for which the fee is imposed is provided for in advance in an appropriations Act. (l) Receipts credited as offsetting collections Notwithstanding section 3302 of title 31, United States Code, any fee collected under this section— (1) shall be credited as offsetting collections to the accounts that finance the activities and services detailed in section 4; (2) shall be available for expenditure only to pay the costs of activities and services detailed in section 4; and (3) shall remain available until expended. 4. Expenditures of Maritime Goods Movement User Fee (a) Administrative costs Up to $10,000,000 of the amount of the Maritime Goods Movement User Fees collected during any fiscal year shall be used for payment of expenses of administration incurred by the Department of Homeland Security, the Army Corps of Engineers, and the Department of Transportation. (b) Other expenditures The amounts of the Maritime Goods Movement User Fees collected for a fiscal year that are not used for administration under subsection (a) shall be allocated as follows: (1) Harbor maintenance programs For the first 5 fiscal years beginning after the date of the enactment of this Act, 95 percent, and for each fiscal year thereafter 80 percent, of such amounts shall be available to pay up to 100 percent of the eligible operations and maintenance costs assigned to commercial navigation of all harbors and inland harbors within the United States, as authorized by section 210(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 2238(a)(2)), including the Federal share of the cost of— (A) maintenance of Federal navigation projects to their authorized depths and widths; (B) disposal of maintenance dredged material; (C) construction and maintenance of dredged material placement facilities; (D) projects or activities for the beneficial use of dredged material or sand mitigation; (E) jetties, breakwaters, bridges, and other navigation structures; and (F) related studies and surveys. (2) Low-use ports Of the amounts made available each fiscal year for harbor maintenance programs under paragraph (1), up to 8 percent shall be allocated for low-use ports. Special emphasis shall be placed on low-use ports where there is a Coast Guard presence and low-use ports which the Coast Guard determines to be restricted navigation areas or harbors of refuge. (3) Competitive grant program for goods movement (A) Super donor ports For each fiscal year beginning with the sixth fiscal year beginning after the date of the enactment of this Act, 15 percent of the amounts of the Maritime Goods Movement User Fee not used for administration under subsection (a), shall be allocated to super donor ports to carry out projects or activities described in paragraphs (1), (2), and (3) of section 5(e). (B) Other uses For each fiscal year beginning after the date of the enactment of this Act, 5 percent of the amounts of the Maritime Goods Movement User Fee not used for administration under subsection (a) shall be allocated to carry out projects or activities described in paragraphs (4), (5), and (6) of subsection 5(e). 5. Competitive Grant Program for Goods Movement (a) Establishment of grant program There is established a Competitive Grant Program for Goods Movement to be administered by the Secretary of Transportation in consultation with the Assistant Secretary of the Army for Civil Works. (b) Purpose The purpose of the Competitive Grant Program for Goods Movement is to provide financial assistance for capital investments that improve the efficiency of the transportation system of the United States to move international maritime cargo. (c) Project eligibility (1) Minimum number of grantees For each fiscal year, there shall be no less than— (A) 3 grantees that are super donor ports; and (B) 3 grantees that are eligible entities under subsection (d). (2) Cost-share The Federal cost share of a project awarded a grant under this section shall be no more than 50 percent of the total cost. (d) Eligible entity A grant under this section may only be awarded to a State or local government entity, including a port authority. (e) Eligible projects A grant awarded under this section may be used for the following: (1) Any in-water improvement in the navigable waters in or near such port that the Secretary of the Army is authorized to make, including environmental remediation and habitat mitigation if certified by the Assistant Secretary to improve the movement of international maritime cargo. (2) Any in water improvement in berthing areas in such port pursuant to a channel widening or deepening project. (3) Maintenance of berthing areas adjacent to navigational channels in such port. (4) Improvements to an intermodal corridor facility project to benefit international maritime cargo as certified by the Secretary of Transportation or designee, in consultation with the Assistant Secretary of the Army for Civil Works or designee. (5) Improvements to a land port of entry project to benefit international maritime cargo as certified by the Secretary of Transportation or designee, in consultation with the Assistant Secretary of the Army for Civil Works or designee. (6) A project that improves access to a port or intermodal terminal facility to benefit international maritime cargo as certified by the Secretary of Transportation or designee, in consultation with the Assistant Secretary of the Army for Civil Works or designee. 6. Repeal of harbor maintenance tax (a) In general Subchapter A of chapter 36 of the Internal Revenue Code of 1986 is repealed. (b) Conforming amendment The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by striking the item relating to subchapter A. (c) Effective date The amendments made by this section shall apply to port uses (as defined in section 4462 of such Code, as in effect on the day before the date of the enactment of this Act) on or after October 1 of the first fiscal year beginning after the date of the enactment of this Act. 7. Treatment of balances from the Harbor Maintenance Trust Fund Any remaining balances in the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986 (relating to expenditures from the Harbor Maintenance Trust Fund) shall remain available until expended in accordance with the requirements of subsection (c) of that section. 8. Application of wage requirements Nothing in this Act shall be construed to prevent the application of wage requirements otherwise applicable to harbor maintenance improvement projects on the date of enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4105ih/xml/BILLS-113hr4105ih.xml
113-hr-4106
I 113th CONGRESS 2d Session H. R. 4106 IN THE HOUSE OF REPRESENTATIVES February 27, 2014 Mr. Barr (for himself and Mr. Bera of California ) introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 provide for the development and dissemination of clinical practice guidelines and the establishment of a right of removal to Federal courts for defendants in medical malpractice actions involving a Federal payor, and for other purposes. 1. Short title This Act may be cited as the Saving Lives, Saving Costs Act . 2. Purposes The purposes of this Act are: (1) To offer physicians who document adherence to certain evidence-based clinical-practice guidelines, and, when applicable, appropriate use criteria, a safe harbor from medical-malpractice litigation. (2) To reduce the practice of defensive medicine and resulting health care costs. (3) To increase adherence to evidence-based clinical practice guidelines to reduce clinical variation in health care practice. (4) To improve quality of care and patient safety. (5) To permit organizations with relevant expertise to participate in the selection of clinical practice guidelines. (6) To permit professionals with relevant expertise to participate and benefit from liability reform. 3. Requirements for selection of clinical practice guidelines (a) Selection Not later than 6 months after the date of enactment of this Act, eligible professional organizations that have established, published, maintained and updated on a regular basis, clinical practice guidelines, including when applicable, appropriate use criteria, that incorporate best practices, shall submit to the Secretary those guidelines. Not later than 6 months after that submission date, the Secretary shall select and designate one or more of those eligible professional organizations to provide and maintain such clinical practice guidelines on behalf of the Secretary. To this end, not more than 6 months after designating each such eligible professional organization, the Secretary shall enter into an agreement with each such eligible professional organization for maintenance and updating of such clinical practice guidelines. (b) Maintenance (1) Periodic review Not later than 5 years after publication of guidelines, and every five years thereafter, the Secretary shall review the clinical practice guidelines and shall, as necessary, enter into agreements with eligible professional organizations. (2) Update by eligible professional organization An eligible professional organization that collaborated in the establishment of a clinical practice guideline may submit amendments to that clinical practice guideline at any time to the Secretary, who shall review the amendments. (3) Notification required for certain updates In the case of an amendment under paragraph (2) that adds, materially changes, or removes a guideline from a set of guidelines, such update shall not apply under this subsection unless notification of such update is made available to applicable eligible professionals. 4. Development (a) Guideline standards To the extent possible, the development of clinical practice guidelines should be guided by the Institute of Medicine’s Standards for Developing Trustworthy Guidelines and should— (1) be developed through a transparent process that minimizes conflicts of interest; (2) be developed by a knowledgeable, multidisciplinary panel of experts and representatives from key affected groups; (3) take into consideration important patient subgroups and patient preferences as appropriate; (4) be based on a systematic review of the existing evidence; (5) provide a clear explanation of the relationship between care options and health outcomes; (6) provide ratings of both the quality of evidence and strength of recommendation; (7) be reconsidered and revised when new evidence emerges; and (8) clearly identify any exceptions to the application of the clinical practice guideline. (b) Required disclosures from eligible professional organizations Any person who is affiliated with an eligible professional organization and who directly participated in the creation of a clinical practice guideline shall disclose any conflicts of interest pertaining to the development of the clinical practice guideline, including any conflict of interest pertaining to any instrument, medicine, drug, or any other substance, device, or means included in the clinical practice guideline. Disclosures by eligible professional organizations shall be made promptly, upon submission of the guidelines, and during every review of the guidelines, to the Secretary. Disclosures shall additionally include the following: (1) Scientific methodology and evidence that supports clinical practice guidelines. (2) Outside collaborators. (3) Endorsements. 5. Internet publication of guidelines The Secretary of Health and Human Services shall publish all clinical practice guidelines on the Internet through the National Guideline Clearinghouse or other appropriate sites or sources, including all data and methodology used in the development and selection of the guidelines in compliance with data disclosure standards in the Health Insurance Portability and Accountability Act of 1996. 6. State flexibility and protection of States’ rights (a) Limitation This Act shall not preempt or supersede any State or Federal law that imposes greater procedural or substantive protections for health care providers and health care organizations from liability, loss, or damages than those provided by this title or create a cause of action. (b) State Flexibility No provision of this Act shall be construed to preempt any defense available to a party in a health care liability action under any other provision of State or Federal law. 7. Right of removal Section 1441 of title 28, United States Code, is amended by adding at the end the following: (g) Certain actions against medical professionals (1) Any health care liability action brought in a State court against an applicable eligible professional or health care provider may be removed by any defendant or the defendants to the district court of the United States for the district and division embracing the place where such action is pending. (2) For purposes of this subsection the terms applicable eligible professional , health care provider , health care liability action , and health care liability claim have the meaning given such term in section 10 of the Saving Lives, Saving Costs Act of 2014. . 8. Mandatory review by independent medical review panel (a) In general If, in any health care liability action against an applicable eligible professional, the applicable eligible professional alleges, in any response to the claimant’s filing, that the applicable eligible professional adhered to an applicable clinical practice guideline in the provision of health care goods or services to the claimant, then the court shall suspend further proceedings on the health care liability action prior to discovery proceedings, until the completion of a review of the action by an independent medical review panel. (b) Independent medical review panel (1) Composition An independent medical review panel under this section shall be composed of 3 members who are experts in the relevant field of clinical practice. (2) Requirements for member eligibility To be eligible to serve on an independent medical review panel, a member shall— (A) be an experienced physician certified by a board recognized by the American Board of Medical Specialties; (B) not earlier than 2 years prior to the date of selection to the board, have been in active medical practice or devoted a substantial portion of his or her time to teaching at an accredited medical school, or have been engaged in university-based research in relation to the medical care and type of treatment at issue; and (C) be approved by his or her specialty society. When possible, members should be from the region where the case in question originates to account for geographical practice variation. (3) No civil liability for members No civil action shall be brought in any court against any member for any act done, failure to act, or statement or opinion made, within the scope of his or her duties as a member of the independent medical review panel. (4) Considerations in making determinations The members of the independent medical review panel shall acknowledge the ability of physicians to depart from the recommendations in clinical practice guidelines, when appropriate, in the care of individual patients. (5) Selection of members Each member of the panel shall be jointly selected by the parties. A member whose selection one party does not concur in may not serve on the panel, except that, if, not later than 30 days after a response to the health care liability action is filed, 3 members have not been selected by the parties, the court shall appoint any remaining members. (6) Compensation of members The costs of compensation to the members of the panel shall be split between the parties equally, unless otherwise agreed to by the parties. (c) Terms of review A review by an independent medical review panel under this section shall comply with the following: (1) Standard of conduct The mandatory independent medical review panel that is charged with the responsibility of making a preliminary finding as to liability of the defendant applicable eligible professional shall deem the prescribed clinical practice guidelines as the standard of conduct, care, and skill expected of members of the medical profession engaged in the defendant’s field of practice under the same or similar circumstances. (2) Record for review The review panel shall make a preliminary finding based solely upon the pre-discovery evidence submitted to it pursuant to Rule 26 of the Federal Rules of Civil Procedure and the applicable prescribed clinical practice guidelines. (3) Limitation The review panel shall not make a finding of negligence from the mere fact that a treatment or procedure was unsuccessful, failed to bring the best result or that the patient died. (4) Use at trial of work product of review panel No preliminary finding by the review panel that the defendant applicable eligible professional breached the standard of care as set forth under the prescribed clinical practice guidelines shall constitute negligence per se or conclusive evidence of liability. However, said findings, opinions and conclusions of the review panel shall be admissible as evidence in any and all subsequent proceedings before the court, including for purposes of motions for summary judgment and at trial. (d) Results of review (1) In general Not later than 60 days after all members of the panel have been selected, the panel shall complete a review of the record of the liability action and shall make a finding under this subsection. (2) Finding described A finding under this subsection shall include the following: (A) A determination of whether or not there are any applicable clinical practice guidelines to the health care liability action that substantively pertains to the injury suffered by the claimant. (B) If the applicable eligible professional has alleged adherence to any such guideline. (C) If the applicable eligible professional did adhere to any such guideline. (D) Whether there is a reasonable probability that— (i) the applicable eligible professional violated the applicable standard of care; (ii) that violation proximately caused the claimant’s alleged injury; and (iii) the claimant suffered damages as a result of the injury. (3) Use at trial The finding under this subsection may be received into evidence by the court. If the panel made any finding under paragraph (2)(D) that there was no reasonable probability, the court may issue a summary judgment in favor of the applicable eligible professional unless the claimant is able to show otherwise by clear and convincing evidence. If the panel made a finding under subparagraphs (A) through (C) that there was an applicable clinical practice guideline that the defendant adhered to, the court shall issue summary judgment in favor of the applicable eligible professional unless the claimant is able to show otherwise by clear and convincing evidence. Any preliminary finding that the defendant applicable eligible professional did not breach the standard of care as set forth under the prescribed medical practice guidelines or that the defendant applicable eligible professional's failure to conform to the required standard was neither the cause in fact nor the proximate cause of the plaintiff's injury or that the plaintiff did not incur any damages as a result shall be given deference by the court and shall entitle the defendant applicable eligible professional to summary judgment unless the plaintiff is able to show by clear and convincing evidence that the independent medical review panel was in error and that there is a genuine issue as to a material fact in the case. 9. Recovery of Costs If the defendant applicable eligible professional prevails subsequent to a preliminary finding in his or her favor by the independent medical review panel, the defendant may recover costs and attorneys’ fees from the plaintiff. 10. Definitions In this Act: (1) applicable eligible professional The term applicable eligible professional means physicians practicing within clinical practice guidelines submitted by an eligible professional organization and includes employees and agents of a physician. (2) appropriate use criteria The term appropriate use criteria means established evidence-based guidelines developed or endorsed by an eligible professional organization that specify when the health benefits of a procedure or service exceed the expected health risks by a significantly wide margin. (3) clinical practice guideline The term clinical practice guideline means systematically developed statements based on the review of clinical evidence for assisting a health care provider to determine the appropriate health care in specific clinical circumstances. (4) eligible professional organization The term eligible professional organization means a national or State medical society or medical specialty society. (5) Federal payor The term Federal payor includes reimbursements made under the Medicare program under title XVIII of the Social Security Act or the Medicaid program under title XIX of the Social Security Act, premium tax credits under section 36B of the Internal Revenue Code of 1986 or cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act, or medical screenings, treatments, or transfer services provided pursuant to section 1867 of the Social Security Act is not made by the individual or any non-Federal third party on behalf of the individual. (6) Health care goods or services The term health care goods or services means any goods or services provided by a health care organization, provider, or by any individual working under the supervision of a health care provider, that relates to the diagnosis, prevention, or treatment of any human disease or impairment, or the assessment or care of the health of human beings. (7) Health care liability action The term health care liability action means a civil action against a health care provider or a health care organization, regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action, in which the claimant alleges a health care liability claim. (8) Health care liability claim The term health care liability claim means a claim by any person against a health care provider or a health care organization which is based upon the provision of, use of, or payment for (or the failure to provide, use, or pay for) health care goods services for which at least partial payment was made by a Federal payor or which was mandated by Federal law, regardless of the theory of liability on which the claim is based. (9) Health care organization The term health care organization means any person or entity which is obligated to provide or pay for health benefits under any health plan, including any person or entity acting under a contract or arrangement with a health care organization to provide or administer any health benefit. (10) Health care provider The term health care provider means any person or entity required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation. (11) performance period The term performance period means the period of time during which the final rule establishing a clinical practice guideline is in effect. (12) Secretary The term Secretary means the Secretary of Health and Human Services.
https://www.govinfo.gov/content/pkg/BILLS-113hr4106ih/xml/BILLS-113hr4106ih.xml
113-hr-4107
I 113th CONGRESS 2d Session H. R. 4107 IN THE HOUSE OF REPRESENTATIVES February 27, 2014 Mr. Blumenauer (for himself, Mr. DeFazio , Mr. Grijalva , Mr. McDermott , Mr. McGovern , Ms. Norton , Mr. Pocan , Mr. Polis , Mr. Quigley , and Ms. Speier ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To reduce the number of nuclear-armed submarines operated by the Navy, to prohibit the development of a new long-range penetrating bomber aircraft, to prohibit the procurement of new intercontinental ballistic missiles, and for other purposes. 1. Short title This Act may be cited as the Reduce Expenditures in Nuclear Infrastructure Now Act or the REIN–IN Act . 2. Findings Congress finds the following: (1) The Berlin Wall fell in 1989, the Soviet Union no longer exists, and the Cold War is over. The nature of threats to the national security and military interests of the United States has changed. However, the United States continues to maintain an enormous arsenal of nuclear weapons and delivery systems that were devised with the Cold War in mind. (2) The current nuclear arsenal of the United States includes approximately 5,000 total nuclear warheads, of which approximately 2,000 are deployed with three delivery components: long-range strategic bomber aircraft, land-based intercontinental ballistic missiles, and submarine-launched ballistic missiles. The bomber fleet of the United States comprises 93 B–52 and 20 B–2 aircraft. The United States maintains 450 intercontinental ballistic missiles. The United States also maintains 14 Ohio-class submarines, up to 12 of which are deployed at sea. Each of those submarines is armed with up to 96 independently targetable nuclear warheads. (3) This Cold War-based approach to nuclear security comes at significant cost. Over the next 10 years, the United States will spend hundreds of billions of dollars maintaining and upgrading its nuclear force, according to the Congressional Budget Office. A substantial decrease in spending on the nuclear arsenal of the United States is prudent for both the budget and national security. (4) The national security interests of the United States can be well served by reducing the total number of deployed nuclear warheads and their delivery systems, as stated by the Department of Defense’s June 2013 nuclear policy guidance entitled, Report on Nuclear Employment Strategy of the United States . This guidance found that force levels under the Treaty on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011, between the United States and the Russian Federation (commonly known as the New START Treaty ) are more than adequate for what the United States needs to fulfill its national security objectives and that the force can be reduced by up to 1/3 below levels under the New START Treaty to 1,000 to 1,100 warheads. (5) Even without additional reductions in deployed strategic warheads, the United States can save tens of billions of dollars by deploying those warheads more efficiently on delivery systems and by deferring production of new delivery systems until they are needed. (6) Economic security and national security are linked and both will be well served by smart defense spending. Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff, stated on June 24, 2010, Our national debt is our biggest national security threat and on August 2, 2011, stated, I haven’t changed my view that the continually increasing debt is the biggest threat we have to our national security. . (7) The Government Accountability Office has found that there is significant waste in the construction of the nuclear facilities of the National Nuclear Security Administration of the Department of Energy. 3. Reduction in nuclear forces (a) Prohibition on new long-Range penetrating bomber aircraft Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2023 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a long-range penetrating bomber aircraft. (b) Prohibition on F–35 nuclear mission Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be used to make the F–35 Joint Strike Fighter aircraft capable of carrying nuclear weapons. (c) Reduction in the B61 life extension program Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended until the Secretary of Defense and the Secretary of Energy jointly certify to Congress that the total cost of the B61 life extension program has been reduced to not more than $5,000,000,000. (d) Termination of w78 life extension program Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the W78 life extension program. (e) Reduction of nuclear-Armed submarines Notwithstanding any other provision of law, beginning in fiscal year 2020, the forces of the Navy shall include not more than eight ballistic-missile submarines available for deployment. (f) Limitation on SSBN–X submarines Notwithstanding any other provision of law— (1) none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2023 for the Department of Defense may be obligated or expended for the procurement of an SSBN–X submarine; and (2) none of the funds authorized to be appropriated or otherwise made available for fiscal year 2024 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the procurement of more than eight such submarines. (g) Reduction of submarine-Launched ballistic missiles Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 250 submarine-launched ballistic missiles. (h) Prohibition on new intercontinental ballistic missile Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2023 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a new intercontinental ballistic missile. (i) Reduction of intercontinental ballistic missiles on high alert status Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 150 intercontinental ballistic missiles on a 24-hour, high alert status. (j) Termination of Mixed Oxide Fuel Fabrication Facility project Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Mixed Oxide Fuel Fabrication Facility project. (k) Termination of Chemistry and Metallurgy Research Building replacement project Notwithstanding section 4215 of the Atomic Energy Defense Act ( 50 U.S.C. 2535 ) or any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended to replace the Chemistry and Metallurgy Research Building at Los Alamos National Laboratory, Los Alamos, New Mexico. (l) Termination of Uranium Processing Facility Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Uranium Processing Facility located at the Y–12 National Security Complex, Oak Ridge, Tennessee. (m) Termination of medium extended air defense system Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the medium extended air defense system. 4. Reports required (a) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3. (b) Annual report Not later than March 1, 2015, and annually thereafter, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3, including any updates to previously submitted reports. (c) Annual nuclear weapons accounting Not later than September 30, 2015, and annually thereafter, the President shall transmit to the appropriate committees of Congress a report containing a comprehensive accounting by the Director of the Office of Management and Budget of the amounts obligated and expended by the Federal Government for each nuclear weapon and related nuclear program during— (1) the fiscal year covered by the report; and (2) the life cycle of such weapon or program. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives.
https://www.govinfo.gov/content/pkg/BILLS-113hr4107ih/xml/BILLS-113hr4107ih.xml
113-hr-4108
I 113th CONGRESS 2d Session H. R. 4108 IN THE HOUSE OF REPRESENTATIVES February 27, 2014 Ms. Jackson Lee (for herself, Mr. Vargas , and Ms. Clarke of New York ) introduced the following bill; which was referred to the Committee on Education and the Workforce , 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 establish a grant program for nebulizers in elementary and secondary schools. 1. Short title This Act may be cited as the Breath of Fresh Air Act . 2. Findings The Congress finds as follows: (1) 25,000,000 people, including 7,000,000 children, have asthma. (2) Almost 13,000,000 people report having an asthma attack in the past year and asthma accounts for nearly 2,000,000 emergency department visits each year. (3) Every day in the United States— (A) 30,000 people have an asthma attack; and (B) 11 people die from asthma. (4) Nearly 5,000,000 asthma sufferers are under 18 years of age, and 1 out of every 10 school-aged children has asthma. (5) Minorities are adversely affected by asthma, as— (A) African-Americans are 3 times more likely to die from asthma; and (B) Hispanics may have an elevated risk for exposure to air pollution since a disproportionate number live in areas failing to meet one or more national standards for air pollutants. (It is estimated that 80 percent of Hispanics live in areas that failed to meet one United States Environmental Protection Agency air quality standard, compared to 65 percent of African-Americans and 57 percent of Whites.) 3. Grant program for nebulizers (a) Program required The Secretary of Education shall carry out a program under which the Secretary makes grants to local educational agencies, to be used by the local educational agencies for one or both of the following: (1) To purchase nebulizers for use in elementary and secondary schools served by the local educational agency. (2) To provide training to enable elementary and secondary schools served by the local educational agency to meet the requirements of subsection (d)(1), but only if nebulizers are already in use at such schools or are acquired through this program. (b) Eligibility (1) Local educational agencies To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (2) Elementary and secondary schools To be eligible to receive a nebulizer through a grant under this section, a school may be any public or private school served by the local educational agency, except that an Internet- or computer-based community school is not eligible. (c) Matching funds required (1) In general To be eligible to receive a grant under this section, the local educational agency must provide matching funds from non-Federal sources equal to not less than 25 percent of the amount of the grant. (2) Waiver The Secretary shall waive the requirement of paragraph (1) for a local educational agency if the number of children counted under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c)(1)(A) ) is 20 percent or more of the total number of children aged 5 to 17, inclusive, served by the local educational agency. (d) Training and coordination required A local educational agency that receives a grant under this section shall demonstrate that, for each elementary and secondary school at which the nebulizers are to be used— (1) there is a full-time certified school nurse on staff; (2) the school has the trained personnel and other resources necessary to use the nebulizers; (3) local paramedics and other emergency services personnel are notified where on school grounds the nebulizers are to be located; (4) the nebulizer will be integrated into the school’s emergency response plan or procedures; and (5) the school has procedures in place to ensure that parents are notified of the availability of the nebulizers, how to provide their child’s prescription asthma medication to the school, and how to authorize use of a nebulizer to assist their child when medically appropriate. (e) Priority In making grants under this section, the Secretary shall give priority to local educational agencies— (1) having jurisdiction over a geographic area with respect to which the Director of the Centers for Disease Control and Prevention has determined that the prevalence of asthma is at least 10 percent higher than the national average; (2) that do not already have at least one nebulizer in each school served by the local educational agency; (3) serve schools at which a significant number of students, staff, and visitors are present on school grounds during a typical day; and (4) that have not received funds under the Rural Access to Emergency Devices Act ( 42 U.S.C. 254c note). (f) ESEA definitions The terms used in this section shall have the meanings given to such terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2019. 4. Construction Nothing in this Act shall be construed— (1) to create liability for use of a nebulizer or affect liability for such use that exists under other law; or (2) to supersede a State law regulating nursing.
https://www.govinfo.gov/content/pkg/BILLS-113hr4108ih/xml/BILLS-113hr4108ih.xml
113-hr-4109
I 113th CONGRESS 2d Session H. R. 4109 IN THE HOUSE OF REPRESENTATIVES February 27, 2014 Mr. Capuano (for himself, Mr. Lynch , Mr. Meeks , Mr. Maffei , Mr. Israel , Mr. Owens , Mr. King of New York , Mr. Grimm , Ms. Clark of Massachusetts , Mr. Fattah , Mrs. Bustos , Mr. Brady of Pennsylvania , Ms. Kuster , Mr. Perlmutter , Mrs. Carolyn B. Maloney of New York , Ms. Kaptur , Mr. Swalwell of California , Ms. Norton , Mr. Kennedy , Mr. Enyart , Mr. Hastings of Florida , Ms. Shea-Porter , Mr. McGovern , Mr. Cartwright , Mr. Ruiz , and Mr. Larson of Connecticut ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require the President to designate a legal public holiday to be known as National First Responders Day. 1. Designation of National First Responders Day Not later than 90 days after the date of the enactment of this Act, the President shall issue a proclamation that designates a date as a legal public holiday to be known as National First Responders Day , which shall be treated in the same manner as a legal public holiday described in section 6103(a) of title 5, United States Code.
https://www.govinfo.gov/content/pkg/BILLS-113hr4109ih/xml/BILLS-113hr4109ih.xml
113-hr-4110
I 113th CONGRESS 2d Session H. R. 4110 IN THE HOUSE OF REPRESENTATIVES February 27, 2014 Ms. Jackson Lee (for herself, Mr. Bishop of Georgia , Mr. Clyburn , Mr. Butterfield , Mr. Cleaver , Mr. Rangel , Mr. Veasey , and Mr. Garcia ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Veterans’ 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 amend the Internal Revenue Code of 1986 to provide a tax credit to encourage private employers to hire veterans, to amend title 38, United States Code, to clarify the reasonable efforts an employer may make under the Uniformed Services Employment and Reemployment Rights Act with respect to hiring veterans, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the Helping to Encourage Real Opportunity for Veterans Transitioning from Battlespace to Workplace Act of 2014 or the HERO Transition from Battlespace to Workplace Act of 2014 . (b) Findings Congress finds the following: (1) The majority of men and women transitioning from the Armed Services to the civilian sector have experienced difficulty in making the transition and regard their greatest challenge to be finding a job that is meaningful to them even though nearly 90 percent of them believe they have the general skills needed to land their ideal job such as problem solving, leadership, ethics, and time management and most believe they possess specific marketable skills, such as information technology, health care, mechanical, and aviation. (2) Among the biggest challenges veterans face in securing suitable employment in the civilian sector are: overcoming the difficulty in translating to employers the value of the skills they learned in the military; competing with candidates who have been in the workforce longer; the perceived reluctance of employers to hire due to concerns about multiple deployments or military training and time commitments of the Reserve Component; and fears of dealing with veterans’ disabilities. (3) Studies have shown that more than 80 percent of veterans transitioning from military service to the civilian sector regard employer-provided veteran support programs as “critical” or “important” to their success and believe it is important for employers to provide flexible leave for the health issues they face. 2. Tax credit for military relations managers (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: 45S. Military Relations Manager (a) Allowance of credit For purposes of section 38, in the case of an employer, the military relations manager tax credit determined under this section for a taxable year is an amount equal to $1,000 multiplied by the number of veterans— (1) who begin work for the employer in the taxable year or preceding taxable year of the employer, and (2) with respect to whom a qualified military relations manager is exercising the duties described in section 4303(17)(B) of title 38, United States Code. (b) Limitations (1) Maximum number of veterans per military relations manager Not more than 25 veterans hired in a taxable year may be taken into account under subsection (a) for each qualified military relations manager. (2) Minimum service with employer A veteran may not be taken into account for purposes of subsection (a) until the veteran has provided continuous service for the employer for the 8-month period beginning on the day the veteran first begins work with the employer and with respect to whom the qualified military relations manager is exercising the duties described in section 4303(17)(B) of title 38, United States Code. (c) Definitions For purposes of this section— (1) Qualified military relations manager For purposes of this section, the term qualified military relations manager means, with respect to an employer, a military relations manager with the qualities described in section 4303(17)(A) of title 38, United States Code, who has been designated by the taxpayer to participate in the hiring process and who carries out the duties described in section 4303(17)(B) of such Code. (2) Veteran The term veteran has the meaning given such term by section 101(2) of title 38, United States Code. (d) Aggregation rule for employer All persons treated as a single employer for purposes of subsection (a) or (b) of section 52 shall be treated as one person for purposes of this section. (e) Regulations The Secretary shall prescribe such regulations or other guidance as the Secretary determines necessary or appropriate to carry out this section. . (b) Credit made part of general business credit Subsection (b) of section 38 of such Code 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 military relations manager tax credit determined under section 45S(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Military Relations Manager. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Hiring of veterans (a) Improvements to USERRA (1) Reasonable efforts of employer Section 4303 of title 38, United States Code, is amended— (A) in paragraph (10), by inserting before the period at the end the following: , and may include designating an employee as a military relations manager and using the military skills translator database ; and (B) by adding at the end the following new paragraphs: (17) The term military relations manager means an individual employed by an employer— (A) who is an expert in— (i) the process of transitioning from being a member of the Armed Forces to being a civilian; and (ii) translating the skills, experience, and training gained in the Armed Forces to skills, experience, and training needed in the private sector; and (B) whose duties include— (i) acting as a liaison between the employer and individuals covered under this chapter; (ii) assisting the human resources personnel of the employer in evaluating individuals covered under this chapter seeking employment with the employer, including by using the military skills translator database; and (iii) serving as a mentor to individuals covered under this chapter who are employees of the employer. (18) The term military skills translator database means the database that the Secretary of Veterans Affairs maintains on a public Internet website to assist veterans explain how skills, experience, and training gained in the Armed Forces relates to civilian skills, experiences, and training. . (2) Compliance Section 4322(d) of title 38, United States Code, is amended by adding after the period at the end the following new sentence: Such compliance may include the employer designating an employee to act as a military relations manager and using the military skills translator database maintained by the Secretary of Veterans Affairs when assessing a person for initial employment. . (b) Military skills translator database The Secretary of Veterans Affairs shall— (1) ensure that the military skills translator database (as defined by section 4303(18) of title 38, United States Code, as added by subsection (a)(1)(B)) may be used by civilian employers to better understand the skills, experience, and training of a veteran who seeks employment with the employer; and (2) conduct outreach to inform civilian employers of such database.
https://www.govinfo.gov/content/pkg/BILLS-113hr4110ih/xml/BILLS-113hr4110ih.xml
113-hr-4111
I 113th CONGRESS 2d Session H. R. 4111 IN THE HOUSE OF REPRESENTATIVES February 27, 2014 Mr. Graves of Missouri introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to implement various reforms to the social security disability insurance program, and for other purposes. 1. Short title This Act may be cited as the Disability Insurance Protection and Fraud Prevention Act of 2014 . 2. Expansion of Cooperative Disability Investigations program (a) In general Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Social Security Administration shall increase the number of cooperative disability investigative units to 54. (b) Distribution The Inspector General shall locate the cooperative disability investigative units established pursuant to subsection (a) in such manner as to ensure that such units are distributed equally among the most densely populated areas of the Nation. 3. Modification of certain criteria for the determination of disability (a) In general In determining whether an individual is under a disability for purposes of section 223 of the Social Security Act ( 42 U.S.C. 423 ), the Commissioner of Social Security— (1) may not consider an individual as approaching advanced age (as applicable for purposes of section 404.1563 of title 20, Code of Federal Regulations, as in effect on the date of the enactment of this Act), unless the individual has attained the age of 58; (2) may not consider an individual as having attained advanced age (as so applicable) unless the individual has attained the age of 61; and (3) may not consider the individual’s inability to communicate in English as a vocational factor (as applicable for purposes of section 404.1564 of such title). (b) Regulations Not later than 180 days after the date of the enactment of this Act, the Commissioner of Social Security shall issue regulations to implement subsection (a). 4. Combined effect of impairments not considered in disability determinations (a) Title II determinations Section 223(d)(2) of the Social Security Act ( 42 U.S.C. 423(d)(2) ) is amended by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (b) Title XVI determinations Section 1614(a)(3) of such Act ( 42 U.S.C. 1382c(a)(3) ) is amended by striking subparagraph (G) and redesignating subsequent subparagraphs accordingly. (c) Conforming amendment Section 216(i)(1) of such Act ( 42 U.S.C. 416(i)(1) ) is amended by striking paragraphs (2)(A),(2)(B),(3), and inserting paragraphs (2)(A), (3), . (d) Effective date The amendments made by this section shall take effect on the day that is 90 days after the date of enactment of this Act. 5. Mandatory funding for continuing disability reviews (a) In general Section 201(g)(1)(A) of the Social Security Act ( 42 U.S.C. 401(g)(1)(A) ) is amended by striking Of the amounts authorized to be made available and all that follows through for fiscal year 2002, $720,000,000. and inserting the following: There is hereby appropriated for continuing disability reviews such sums as may be necessary for each of fiscal years 2014 through 2018. (b) Report Not later than 60 days after the end of fiscal year 2018, the Commissioner of Social Security shall submit a report to Congress that includes an assessment of the amount of savings attained as a result of the amendment made by subsection (a) in the Federal disability insurance program under title II of the Social Security Act and the Supplemental Security Income program under title XVI of such Act. 6. Disability demonstration program design report (a) In general Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit to Congress a report describing the design of a demonstration program that would meet the specifications in subsection (b), including recommendations for any legislative changes necessary to implement such a program. (b) Goals In order to improve the well-being of certain social security disability insurance applicants while also achieving near-term program cost neutrality and long-term cost savings, the Commissioner shall screen such applicants and target those who appear likely to be determined eligible for benefits but who also have the potential for significant work activity if provided with a range of services to be determined by the Commissioner. In exchange for suspending their social security disability insurance program application, these applicants would be offered a package of benefits, including targeted vocational and health interventions, wage subsidies based on how much the applicants can work and earn, and, if appropriate, an emergency cash diversion grant. 7. State disability reform demonstration program report (a) In general Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit to Congress a report describing the design of a demonstration program that would meet the specifications in subsection (b), including recommendations for any legislative changes necessary to implement such a program. (b) Goals (1) In general The Commissioner of Social Security shall work with the States to determine whether, if appropriate changes were made in the law, the existing funding streams for specific populations, such as vocational rehabilitation funding, Medicaid, Temporary Assistance for Needy Families, and workers’ compensation, could be modified to be delivered in a more coordinated manner to improve outcomes and reduce participation in supplemental security income or social security disability insurance. (2) Incentive funding States who successfully implemented such a program shall receive incentive funding to be determined by the Commissioner and subject to appropriations. (c) Definition For the purposes of this section, the term specific populations means populations identified by the Commissioner of Social Security as likely to receive a lifetime of supplemental security income or social security disability insurance. 8. Employers demonstration program report (a) In general Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit to Congress a report describing the design of a demonstration program that would meet the specifications in subsection (b), including recommendations for any legislative changes necessary to implement such a program. (b) Goals (1) In general In order to encourage employers to reduce the incidence of disability among their employees by 20 percent, the Commissioner of Social Security shall create a voluntary program for employers that would provide such employers with a tax credit with respect to social security disability insurance taxes if the employees of such employer do not file for social security disability insurance. (2) Baseline For each employer who volunteers to participate in the program, the Commission of Social Security shall determine a baseline predicted rate of social security disability insurance enrollment. (3) Employees tracked for program Employees employed on the date the employer enrolled in the program shall be tracked for a period of 3 years beginning on the date of enrollment in the program, whether or not they remain employed by such employer. If any such employee becomes eligible for social security disability insurance during such period, the employer’s disability insurance participation rate shall be affected. (4) Incentive At the end of the period, the employer’s disability insurance participation rate shall be compared to the baseline, and if the participation rate has fallen by at least 20 percent, the employer shall receive a social security disability insurance tax credit of 75 percent of the disability insurance cost savings during the period.
https://www.govinfo.gov/content/pkg/BILLS-113hr4111ih/xml/BILLS-113hr4111ih.xml
113-hr-4112
I 113th CONGRESS 2d Session H. R. 4112 IN THE HOUSE OF REPRESENTATIVES February 27, 2014 Ms. Jackson Lee (for herself, Ms. Lee of California , Mr. Honda , Ms. Moore , and Mr. Hastings of Florida ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To require that activities carried out by the United States in South Sudan relating to governance, reconstruction and development, and refugee relief and assistance will support the basic human rights of women and women’s participation and leadership in these areas. 1. Short title This Act may be cited as the Equal Rights and Access for the Women of South Sudan Act . 2. Findings Congress makes the following findings: (1) Despite the 2011 referendum for secession that established the independent state of South Sudan, South Sudanese women continue to experience brutal violation of their human rights. (2) Strong and continued United States support can ensure that the advances made by South Sudanese women since July 2011 when the Republic of South Sudan gained its independence will continue and grow, rather than recede. (3) The United States has made a substantial contribution to the emergency relief and humanitarian efforts for South Sudan. Completing the United States mission in South Sudan will also require significant and long-term investments in development and reconstruction assistance. (4) An inadequate healthcare system has resulted in high maternal and infant mortality rates. The maternal mortality rate is 1,054 deaths per 100,000 live births, making it one of the highest in the world. (5) South Sudan faces many difficulties with its lack of infrastructure and lacks significant human development factors, which can further marginalize women. (6) Over 80 percent of women and girls in South Sudan are illiterate, and thus it is imperative to both secure and inform women’s rights within the national development. (7) With the assistance of internal aid and the proliferation of local women’s organizations, women’s equality can be integrated into South Sudan’s nation-building efforts. (8) South Sudan has made gains in incorporating women into the new regime with efforts such as inclusion in the legislative assembly, thus additional support from the United States serves to reinforce these ideals and implementations. (9) The women of South Sudan are taking the initiative to reach across the conflict divide and foster peace. Women’s perspectives and experiences in seeking solutions to conflicts are necessary to ensure lasting peace. (10) Adequate security in both urban and rural areas, particularly on military borders, is essential if women and girls are to exercise their human rights, work, attend school, and otherwise participate in and benefit from humanitarian and development programs sponsored by the United States. 3. Requirements relating to United States activities relating to South Sudan (a) In general Activities described in subsections (b) through (e) that are carried out by the United States in South Sudan shall comply with the applicable requirements contained in such subsections. (b) Governance of south sudan With respect to the governance of South Sudan, the applicable requirements are the following: (1) Include the perspectives and advice from South Sudanese women’s organizations, networks, and leaders in United States policymaking related to the governance of South Sudan. (2) Promote the inclusion of a significant number of women in the National Legislature and future legislative bodies to ensure that women’s full range of human rights are included and upheld in any constitution or legal structures of South Sudan. (3) Promote the continuation and strengthening of the rights of women as the South Sudan Government transitions to a long-term government structure, and encourage the appointment of women to high level positions within South Sudanese Government. (c) Post-Conflict reconstruction and development With respect to activities relating to post-conflict stability in South Sudan, the applicable requirements are the following: (1) Ensure that a significant portion of United States development, humanitarian, and relief assistance is channeled to local and United States-based South Sudanese organizations, particularly South Sudanese women’s organizations. Provide technical assistance, training, and capacity-building for local organizations to ensure that United States funded efforts will be both effective and sustainable. (2) Encourage United States organizations that receive funds authorized by this Act to partner with or create South Sudanese-led counterpart organizations and provide these organizations with significant financial resources, technical assistance, and capacity building. (3) Provide direct financial and programmatic assistance to the Ministry of Women’s Affairs adequate to ensure that the Ministry is able to fulfill its mandate. (4) Promote multiyear women-centered economic development programs, including programs to assist widows, female heads of household, women in rural areas, and disabled women. (5) Increase women’s access to or ownership of productive assets such as land, water, agricultural inputs, credit, and property. (6) Provide long-term financial assistance for primary, secondary, higher, nontraditional, and vocational education for South Sudanese girls, women, boys, and men. (7) Provide financial assistance to build the health infrastructure and to deliver high-quality comprehensive health care programs, including primary, maternal, child, reproductive, and mental health care. (8) Integrate education and training programs for former combatants with economic development programs to encourage their reintegration into society and to promote post-conflict stability. (9) Provide assistance to rehabilitate children affected by the conflict, particularly child soldiers. (10) Support educational efforts to increase awareness with respect to landmines, facilitate the removal of landmines, and provide services to individuals with disabilities caused by landmines. (11) Include programs to prevent trafficking in persons, assist victims, and apprehend and prosecute traffickers in persons. (d) South sudanese military and police With respect to training for military and police forces in South Sudan, the applicable requirements are the following: (1) Include training on the protection, rights, and the particular needs of women and emphasize that violations of women’s rights are intolerable and should be prosecuted. (2) Encourage such trainers who will carry out the activities in paragraph (1) to consult with women’s organizations in South Sudan to ensure that training content and materials are adequate, appropriate, and comprehensive. (e) Relief, resettlement, and repatriation of refugees and the internally displaced With respect to the relief, resettlement, and repatriation of refugees and internally displaced in South Sudan, the applicable requirements are the following: (1) Take all necessary steps to ensure that women refugees and internally displaced in camps, urban areas, and villages are directly receiving food aid, shelter, relief supplies, and other services from United States-sponsored programs. (2) Take all necessary steps to ensure that women refugees in camps, urban areas, and villages are accessing high-quality health and medical services, including primary, maternal, child, and mental health services. (3) Take all necessary steps to ensure that women and children in refugee camps are protected from sexual exploitation. (4) Take all necessary steps to ensure refugees and internally displaced persons that seek to return to their place of origin can do so voluntarily, safely, and with the full protection of their rights. United States-sponsored efforts shall not coerce refugees or internally displaced persons to return to their places of origin. 4. Reporting requirements Not later than 60 days after the date of enactment of this Act, and annually thereafter, the President shall prepare and transmit to Congress a report that contains documentation of the progress in implementing the requirements of section 3. All data shall be disaggregated by sex.
https://www.govinfo.gov/content/pkg/BILLS-113hr4112ih/xml/BILLS-113hr4112ih.xml
113-hr-4113
I 113th CONGRESS 2d Session H. R. 4113 IN THE HOUSE OF REPRESENTATIVES February 27, 2014 Mr. McNerney 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 direct the Administrator of the Environmental Protection Agency to consider projects involving rural communities in the selection of alternative water source projects, and for other purposes. 1. Short title This Act may be cited as the Community Water Enhancement Act of 2014 . 2. Alternative water source projects (a) Selection of projects Section 220(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1300(d) ) is amended by adding at the end the following: (4) Participation of rural communities In making grants under this section, the Administrator shall consider whether the project— (A) is located in an unincorporated rural community; (B) is located in an area that is served by a public water system with fewer than 3,000 connections or is located in an area with no public water system; (C) is located in an agricultural area with rural residences served by a public water system or by private wells; or (D) is not only a benefit to the rural community served by the project, but also a benefit to additional regional partners. . (b) Definition of alternative water source Section 220(i)(1) of such Act ( 33 U.S.C. 1300(i)(1) ) is amended— (1) in the first sentence— (A) by striking wastewater or and inserting wastewater, ; and (B) by inserting before the period at the end the following: , or through conjunctively managing groundwater supplies by delivering surface water instead of groundwater ; and (2) in the second sentence by inserting before the period at the end the following: unless the project requires such facilities to deliver the alternative water supply . (c) Authorization of appropriations Section 220(j) of such Act ( 33 U.S.C. 1300(j) ) is amended by striking 2004 and inserting 2018 .
https://www.govinfo.gov/content/pkg/BILLS-113hr4113ih/xml/BILLS-113hr4113ih.xml
113-hr-4114
I 113th CONGRESS 2d Session H. R. 4114 IN THE HOUSE OF REPRESENTATIVES February 27, 2014 Mr. McNerney (for himself and Mr. Garamendi ) 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 provide a credit for property certified by the Environmental Protection Agency under the WaterSense program. 1. Short title This Act may be cited as the Water Efficiency Improvement Act of 2014 . 2. Credit for WaterSense program property (a) In general Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 30E. WaterSense program property (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the amounts paid or incurred by the taxpayer during such taxable year for certified WaterSense program property. (b) Lifetime limitation The aggregate amount of the credits allowed under this section with respect to any taxpayer for any taxable year shall not exceed the excess (if any) of $2,000 over the aggregate credits allowed under this section with respect to such taxpayer for all prior taxable years. (c) Certified WaterSense program property For purposes of this section, the term certified WaterSense program property means any plumbing fixture or plumbing fixture fitting— (1) which has been— (A) tested by an American National Standards Institute accredited third-party certifying body or laboratory in accordance with the Environmental Protection Agency’s WaterSense program (or an analogous successor program), (B) certified by such body or laboratory as meeting the performance and efficiency requirements of such program, and (C) authorized by such program to use its label, and (2) the original use of which commences with the taxpayer. (d) Application with other credits (1) Business credit treated as part of general business credit So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Personal credit For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. (e) Special rules For purposes of this section— (1) Aggregation rules All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person. (2) Basis reduction For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (d)). (3) No double benefit The amount of any deduction or other credit allowable under this chapter with respect to any property for which credit is allowable under subsection (a) shall be reduced by the amount of credit allowed under subsection (a) with respect to such property (determined without regard to subsection (d)). (4) Property used outside united states not qualified No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1). (f) Termination This section shall not apply to any property placed in service after December 31, 2015. . (b) Conforming amendments (1) Section 1016(a) of such Code is amended by striking and 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 30E(e)(2). . (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 30E. WaterSense program property. . (c) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4114ih/xml/BILLS-113hr4114ih.xml
113-hr-4115
I 113th CONGRESS 2d Session H. R. 4115 IN THE HOUSE OF REPRESENTATIVES February 27, 2014 Mr. Nolan (for himself, Mr. Duffy , Mr. Ribble , and Mr. Peterson ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to temporarily waive certain vehicle weight limits for covered logging vehicles, and for other purposes. 1. Short title This Act may be cited as the Winter Roads Safety Act of 2014 . 2. Temporary waiver (a) In general During the period beginning on the date of enactment of this Act and ending on April 15, 2014, the Secretary of Transportation shall waive, for a covered logging vehicle, the application of any vehicle weight limit established under section 127 of title 23, United States Code. (b) Covered logging vehicle defined In this section, the term covered logging vehicle means a vehicle that— (1) is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips; (2) has a gross vehicle weight of not more than 99,000 pounds; (3) has not less than 6 axles; and (4) is operating on a segment of— (A) Interstate Route 35 in Minnesota from mile marker 235.4 to mile marker 259.552; (B) Interstate Route 535 in Minnesota from mile marker 0 to mile marker 1.571; (C) Interstate Route 39 in Wisconsin from mile marker 175.8 to mile marker 189; or (D) Interstate Route 535 in Wisconsin from mile marker 0 to mile marker 1.19.
https://www.govinfo.gov/content/pkg/BILLS-113hr4115ih/xml/BILLS-113hr4115ih.xml
113-hr-4116
I 113th CONGRESS 2d Session H. R. 4116 IN THE HOUSE OF REPRESENTATIVES February 27, 2014 Ms. Norton introduced the following bill; which was referred to the Committee on House Administration , 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 direct the Librarian of Congress to obtain a stained glass panel depicting the seal of the District of Columbia and install the panel among the stained glass panels depicting the seals of States which overlook the Main Reading Room of the Library of Congress Thomas Jefferson Building. 1. Including stained glass panel depicting seal of District of Columbia in Library of Congress Thomas Jefferson Building The Librarian of Congress shall obtain a stained glass panel depicting the seal of the District of Columbia and install the panel among the panels depicting the seals of States which overlook the Main Reading Room of the Library of Congress Thomas Jefferson Building.
https://www.govinfo.gov/content/pkg/BILLS-113hr4116ih/xml/BILLS-113hr4116ih.xml
113-hr-4117
I 113th CONGRESS 2d Session H. R. 4117 IN THE HOUSE OF REPRESENTATIVES February 27, 2014 Mr. Rangel 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 expand the earned income tax credit. 1. Short title This Act may be cited as the EITC for Childless Workers Act of 2014 . 2. Age eligibility lowered to 21 (a) In general Subclause (II) section 32(c)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended by striking age 25 and inserting age 21 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 3. Increase in childless earned income tax credit (a) Increase in credit percentage and phaseout percentage The table under subparagraph (A) of section 32(b)(1) of the Internal Revenue Code of 1986 is amended by striking 7.65 each place it appears and inserting 23.15 . (b) Increase in earned income amount The table under subparagraph (A) of section 32(b)(2) of such Code is amended by striking $4,220 and inserting $6,480 . (c) Increase in phaseout amount The table under subparagraph (A) of section 32(b)(2) of such Code is amended by striking $5,280 and inserting $16,630 . (d) Joint returns Clause (i) of section 32(b)(3)(B) of such Code is amended by inserting ($8,000 in the case of an eligible individual with no qualifying children) after $5,000 . (e) Inflation adjustments (1) In general Subsection (j) of section 32 of such Code is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: (2) Phaseout amount for individuals with no children In the case of any taxable year beginning after calendar year 2014, the $6,480 and $16,630 dollar amounts in subsection (b)(2)(A) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. . (2) Conforming amendments (A) Section 32(j)(1) of such Code is amended by inserting except as provided in paragraph (2) before each of the dollar amounts . (B) Section 32(j)(2)(A) of such Code is amended by inserting or (2) after paragraph (1) . (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 4. Residents of non-mirror code United States possessions eligible for earned income tax credit (a) In general The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of section 32 of the Internal Revenue Code of 1986 (as amended by this Act) if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to the residents of such possession. (b) Coordination with credit allowed against United States income tax No credit shall be allowed against United States income taxes for any taxable year under section 32 of such Code to any person who is eligible for a payment under a plan described in subsection (a) with respect to such taxable year. (c) Definitions and special rule For purposes of this section— (1) Possession of the United States The term possession of the United States includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (2) Mirror code tax system The term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (3) Treatment of payments For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from the credit allowed under section 32 of the Internal Revenue Code of 1986. (d) Effective date This section shall apply to taxable years beginning after December 31, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr4117ih/xml/BILLS-113hr4117ih.xml
113-hr-4118
I 113th CONGRESS 2d Session H. R. 4118 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Ms. Jenkins (for herself, Mr. Brady of Texas , Mr. Sessions , Mr. Burgess , Mr. Nugent , Ms. Ros-Lehtinen , Mr. Webster of Florida , Mr. Woodall , and Mr. Cole ) 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 delay the implementation of the penalty for failure to comply with the individual health insurance mandate. 1. Short title This Act may be cited as the Suspending the Individual Mandate Penalty Law Equals Fairness Act or as the SIMPLE Fairness Act . 2. Delay in implementation of penalty for failure to comply with individual health insurance mandate (a) In general Section 5000A(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (5) Delay in implementation of penalty Notwithstanding any other provision of this subsection, the monthly penalty amount with respect to any taxpayer for any month beginning before January 1, 2015, shall be zero. . (b) Delay of certain phase ins and indexing (1) Phase in of percentage of income limitation Section 5000A(c)(2)(B) of such Code is amended— (A) by striking 2014 in clause (i) and inserting 2015 , and (B) by striking 2015 in clauses (ii) and (iii) and inserting 2016 . (2) Phase in of applicable dollar amount Section 5000A(c)(3)(B) of such Code is amended— (A) by striking 2014 and inserting 2015 , and (B) by striking 2015 (before amendment by subparagraph (A)) and inserting 2016 . (3) Indexing of applicable dollar amount Section 5000A(c)(3)(D) of such Code is amended— (A) by striking 2016 in the matter preceding clause (i) and inserting 2017 , and (B) by striking 2015 in clause (ii) and inserting 2016 . (4) Indexing of exemption based on household income Section 5000A(e)(1)(D) of such Code is amended— (A) by striking 2014 (before amendment by subparagraph (B)) and inserting 2015 , and (B) by striking 2013 and inserting 2014 . (c) Effective date The amendments made by this section shall apply to months beginning after December 31, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr4118ih/xml/BILLS-113hr4118ih.xml
113-hr-4119
I 113th CONGRESS 2d Session H. R. 4119 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Johnson of Georgia (for himself, Mr. Austin Scott of Georgia , Mr. David Scott of Georgia , Mr. Barrow of Georgia , and Mr. Bishop of Georgia ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to conduct a special resource study of the West Hunter Street Baptist Church in Atlanta, Georgia, and for other purposes. 1. Short title This Act may be cited as the West Hunter Street Baptist Church Study Act . 2. Special resource study (a) Study The Secretary of the Interior shall conduct a special resource study of the historic West Hunter Street Baptist Church, located at 775 Martin Luther King Jr. Drive, SW., Atlanta, Georgia. (b) Contents In conducting the study under subsection (a), the Secretary shall— (1) evaluate the national significance of the site; (2) determine the suitability and feasibility of designating the area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the site by Federal, State, or local governmental entities, or private and nonprofit organizations; (4) consult with interested Federal, State, or local governmental entities, private and nonprofit organizations or any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (c) Applicable Law The study required under subsection (a) shall be conducted in accordance with section 8 of Public Law 91–383 ( 16 U.S.C. 1a–5 ; commonly known as the National Park Service General Authorities Act ). (d) Report Not later than 3 years after the date on which funds are first made available for the study under subsection (a), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the results of the study and any conclusions and recommendations of the Secretary.
https://www.govinfo.gov/content/pkg/BILLS-113hr4119ih/xml/BILLS-113hr4119ih.xml
113-hr-4120
I 113th CONGRESS 2d Session H. R. 4120 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Hoyer (for himself and Mr. Wolf ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the National Law Enforcement Museum Act to extend the termination date. 1. National Law Enforcement Museum Act termination date extended Section 4(f) of the National Law Enforcement Museum Act ( Public Law 106–492 ) is amended by striking 13 years and inserting 16 years . 2. Effective date The provisions of this Act shall take effect as if this Act were enacted on November 8, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr4120ih/xml/BILLS-113hr4120ih.xml
113-hr-4121
I 113th CONGRESS 2d Session H. R. 4121 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Ms. Velázquez introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to provide for improvements to small business development centers. 1. Short title This Act may be cited as the Small Business Development Centers Improvement Act of 2014 . 2. Use of Authorized Entrepreneurial Development Programs The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended by adding at the end the following: 48. Use of Authorized Entrepreneurial Development Programs (a) Expanded support for entrerpreneurs (1) In general Notwithstanding any other provision of law, the Administrator shall only use the programs authorized in sections 7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, and 32 of this Act, and sections 358 and 389 of the Small Business Investment Act to deliver entrepreneurial development services, entrepreneurial education, business incubation services, growth acceleration services, support for the development and maintenance of clusters, or business training. (2) Exception This section shall not apply to services provided to assist small business concerns owned by an Indian tribe. (b) Annual report Beginning on the first December 1 after the date of enactment of this subsection, the Administrator shall annually report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on all entrepreneurial development activities undertaken in the current fiscal year. This report shall include— (1) a description and operating details for each program and activity; (2) operating circulars, manuals, and standard operating procedures for each program and activity; (3) a description of the process used to award grants under each program and activity; (4) a list of all awardees, contractors, and vendors (including organization name and location) and the amount of awards for the current fiscal year for each program and activity; (5) the amount of funding obligated for the current fiscal year for each program and activity; and (6) the names and titles for those individuals responsible for each program and activity. . 3. Marketing of Services Section 21 of the Small Business Act ( 15 U.S.C. 648 ) is amended by adding at the end the following: (o) No prohibition of marketing of services The Administrator shall not prohibit applicants receiving grants under this section from marketing and advertising their services to individuals and small businesses. . 4. Confidentiality Requirements Section 21(a)(7)(A) of the Small Business Act ( 15 U.S.C. 648(a)(7)(A) ) is amended by inserting after under this section the following: to any State, local or Federal agency or third party . 5. Data Collection (a) In general Section 21(a)(3)(A) of the Small Business Act ( 15 U.S.C. 648(a)(3)(A) ) is amended— (1) by striking as provided in this section and and inserting as provided in this section, ; and (2) by inserting before the period at the end the following: , and (iv) governing data collection activities related to applicants receiving grants under this section . (b) Annual report on data collection Section 21 of the Small Business Act ( 15 U.S.C. 648 ), as amended by section 3 of this Act, is further amended by adding at the end the following: (p) Annual Report on data collection The Administrator shall report annually to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on data collection activities related to the Small Business Development Center program. . 6. Matchmaking and Other Events Section 21(a)(3)(C) of the Small Business Act ( 15 U.S.C. 648(a)(3)(C) ) is amended to read as follows: (C) Such participation in private partnerships and cosponsorships with the Administration shall not limit Small Business Development Centers from collecting fees or other income related to the operation of such partnerships and cosponsorships. . 7. Equity for SBDCs Section 21(a)(4)(C)(v) of the Small Business Act ( 15 U.S.C. 648(a)(4)(C)(v) ) is amended— (1) in item (aa), by striking ; and and inserting a period; and (2) by striking item (bb). 8. Award of Grants to SBDCs Section 21 of the Small Business Act ( 15 U.S.C. 648 ), as amended by sections 3 and 5 of this Act, is further amended by adding at the end the following: (q) Limitation on award of grants Except for not-for-profit institutions of higher education, notwithstanding any provision of law, the Administrator shall not award grants (including contracts and cooperative agreements) under this section to any entity other than those that received grants (including contracts and cooperative agreements) under this section prior to September 30, 2014, and that seek to renew such grants (including contracts and cooperative agreements) after such date. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4121ih/xml/BILLS-113hr4121ih.xml
113-hr-4122
I 113th CONGRESS 2d Session H. R. 4122 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Ms. Bonamici (for herself, Mr. Hinojosa , and Mr. George Miller of California ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To reauthorize the Older Americans Act of 1965, and for other purposes. 1. Short title This Act may be cited as the Older Americans Act Reauthorization Act of 2014 . 2. Objectives Section 101 of the Older Americans Act of 1965 ( 42 U.S.C. 3001 ) is amended— (1) by amending paragraph (1) to read as follows: (1) An adequate income and economic security in later life in accordance with the American standard of living. ; (2) in paragraph (4), by inserting care coordination and after including ; (3) in paragraph (8), by inserting and supports, offered in a culturally and linguistically competent manner after community services, ; (4) by striking paragraphs (9) and (10) and inserting the following: (9) Immediate benefit from proven research knowledge which can sustain and improve health, happiness, and economic security. (10) Freedom, independence, economic security, and the free exercise of individual initiative for older individuals in planning and managing their own lives, full participation in the planning and operation of community-based services and programs provided for their benefit, and protection against abuse, neglect, and exploitation. ; and (5) by adding at the end the following: (11) Acquiring high-quality services in a manner that is culturally and linguistically responsive to older individuals and family caregivers. . 3. Definitions Section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ) is amended— (1) by striking paragraph (1) and inserting the following: (1) The term abuse means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm. ; (2) by striking paragraph (3) and inserting the following: (3) The term adult protective services means such services provided to adults as the Secretary may specify and includes services such as— (A) receiving reports of adult abuse, neglect, or exploitation; (B) investigating the reports described in subparagraph (A); (C) case planning, monitoring, evaluation, and other casework and services; and (D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services. ; (3) by striking paragraph (4) and inserting the following: (4) The term Aging and Disability Resource Center means an entity, network, or consortium established by a State as part of the State system of long-term care, to provide a coordinated and integrated system for older individuals and individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )), and the caregivers of older individuals and individuals with disabilities, that provides— (A) comprehensive information on the full range of available public and private long-term care programs, options, service providers, and resources within a community, including information on the availability of integrated long-term care services, and Federal or State programs that provide long-term care services and supports through home and community-based service programs; (B) person-centered counseling to assist individuals in assessing their existing or anticipated long-term care needs and goals, and developing and implementing a person-centered plan for long-term care that is consistent with the desires of such an individual and designed to meet the individual's specific needs, goals, and circumstances; (C) access for individuals to the full range of publicly-supported long-term care services and supports for which the individuals may be eligible, including home and community-based service options, by serving as a convenient point of entry for such programs and supports; and (D) in cooperation with area agencies on aging, centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ), and other community-based entities, information and referrals regarding available home and community-based services for individuals who are at risk for residing in, or who reside in, institutional settings, so that the individuals have the choice to remain in or to return to the community. ; (4) in paragraph (14)(B), by inserting oral health, after bone density, ; (5) by amending paragraph (17) to read as follows: (17) The term elder justice means— (A) from a societal perspective, efforts to— (i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and (ii) protect older individuals with diminished capacity while maximizing their autonomy; and (B) from an individual perspective, the recognition of an older individual’s rights, including the right to be free of abuse, neglect, and exploitation. ; (6) in paragraph (18)(A), by striking term exploitation means and inserting terms exploitation and financial exploitation mean ; (7) in paragraph (24)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) status as an LGBT individual. ; (8) by redesignating paragraphs (34) through (54) as paragraphs (36) through (56), respectively; (9) by redesignating paragraphs (13) through (33) as paragraphs (14) through (34), respectively; (10) by inserting after paragraph (12) the following: (13) The term cultural and linguistic competence means competence in a set of behaviors, attitudes, and policies that— (A) is used by an organization or among professionals; and (B) enables effective work in cross-cultural situations. ; and (11) by inserting after paragraph (34), as so redesignated the following: (35) The term LGBT , used with respect to an individual, means a lesbian, gay, bisexual, or transgender individual. . 4. Administration on Aging (a) Best practices Section 201 of the Older Americans Act of 1965 ( 42 U.S.C. 3011 ) is amended— (1) in subsection (d)(3)— (A) in subparagraph (J), by inserting before the semicolon the following: , including the effectiveness of such services in meeting the needs of LGBT older individuals ; (B) in subparagraph (K), by striking and at the end; (C) in subparagraph (L)— (i) by striking Older Americans Act Amendments of 1992 and inserting Older Americans Act Reauthorization Act of 2014 ; and (ii) by striking 712(h)(4). and inserting 712(h)(5); and ; and (D) by adding at the end the following: (M) collect and analyze best practices related to responding to elder abuse, neglect, and exploitation in long-term care facilities, and publish a report of such best practices. ; and (2) in subsection (e)(2)— (A) in the matter preceding subparagraph (A), by inserting , and in coordination with the heads of State adult protective services programs and the Director of the Office of Long-Term Care Ombudsman Programs after and services ; and (B) in subparagraph (A)(iv) by inserting (including data and statistics on the incidence and prevalence of elder abuse, neglect, and exploitation) after exploitation . (b) Functions of Assistant Secretary Section 202 of the Older Americans Act of 1965 ( 42 U.S.C. 3012 ) is amended— (1) in subsection (a)— (A) in paragraph (5), by inserting health and economic before needs of older individuals ; (B) in paragraph (7), by inserting health and economic before welfare ; (C) in paragraph (14), by inserting (including the Health Resources and Services Administration) after other agencies ; (D) by amending paragraph (15) to read as follows: (15) (A) as needed, provide technical assistance, training through training packages, and other forms of instruction to entities consisting of State agencies, area agencies on aging, service providers, and community-based organizations, to ensure that the entities develop and implement, in a culturally and linguistically competent manner, programming, services, and outreach for older individuals with greatest economic need and older individuals with greatest social need, with particular attention to and specific objectives for providing services to low-income minority individuals and older individuals residing in rural areas; and (B) consult with national and community-based organizations representing minority individuals to develop the capacity of the Administration to provide such technical assistance, training, and instruction. ; (E) in paragraph (16)(A)(ii), by inserting , and separately specifying the number of such individuals who are LGBT individuals before the semicolon; (F) in paragraph (27), by striking and at the end; (G) in paragraph (28), by striking the period and inserting a semicolon; and (H) by adding at the end the following: (29) provide information and technical assistance to States, area agencies on aging, and service providers, in collaboration with relevant Federal agencies, on providing efficient, person-centered transportation services, including across geographic boundaries; (30) identify model programs and provide information and technical assistance to States, area agencies on aging, and service providers (including providers operating multipurpose senior centers), to support the modernization of multipurpose senior centers; (31) provide technical assistance to and share best practices with States, area agencies on aging, and Aging and Disability Resource Centers, on how to collaborate and coordinate services with health care entities, such as Federally-qualified health centers, as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) ), in order to improve care coordination for individuals with multiple chronic illnesses; (32) conduct studies and collect data to determine the services that are needed by LGBT older individuals; and (33) ensure through regulation (or other communications with programs carried out under this Act) and through oversight that all programs funded through this Act where staff, including volunteers, come into direct contact with older adults, have received appropriate training in elder abuse prevention and detection, and to regularly evaluate the need for and benefit of such training related to abuse, neglect, and exploitation of older adults. ; (2) in subsection (b)— (A) in paragraph (5)— (i) in subparagraph (B), by striking and after the semicolon; (ii) in subparagraph (C), by inserting and after the semicolon; and (iii) by adding at the end the following: (D) when feasible, developing, in consultation with States and national organizations, a consumer-friendly tool to assist older individuals and their families in choosing home and community-based services, with a particular focus on ways for consumers to assess how providers protect the health, safety, welfare, and rights, including the rights provided under section 314, of older individuals; ; and (B) in paragraph (8)— (i) in subparagraph (B), by inserting to identify and articulate goals of care and after individuals ; (ii) in subparagraph (D)— (I) by inserting respond to or before plan ; and (II) by striking future long-term care needs; and and inserting long-term care needs; ; (iii) in subparagraph (E), by adding and at the end; and (iv) by adding at the end the following: (F) to provide information and referrals regarding available home and community-based services for individuals who are at risk for residing in, or who reside in, institutional settings, so that the individuals have the choice to remain in or to return to the community; ; and (3) by adding at the end the following: (g) The Assistant Secretary shall ensure, where appropriate, that all programs funded under this Act include appropriate training in the prevention of abuse, neglect, and exploitation and provision of services that address elder justice and the exploitation of older individuals. (h) (1) The Assistant Secretary shall establish and operate a National Resource Center for Women and Retirement (referred to in this subsection as the Center ). (2) The Assistant Secretary shall make available to the Center such resources as are necessary for the Center to carry out effectively the functions of the Center under this Act, which shall be an amount not less than $279,000 for fiscal year 2014. In subsequent fiscal years, the Assistant Secretary shall make available to the Center not less than the amount of resources made available to the Center under this paragraph for fiscal year 2014. (i) The Assistant Secretary shall, directly or by grant or contract, establish and operate a National Adult Protective Services Resource Center. (j) (1) The Assistant Secretary shall, directly or by grant or contract, establish and operate the National Resource Center on Lesbian, Gay, Bisexual, and Transgender Aging. (2) The Assistant Secretary shall develop and issue operating standards and reporting requirements for the Center established under paragraph (1). (3) The Assistant Secretary shall make available to the Center such resources as are necessary for the Center to carry out effectively the functions of the Center under this Act for fiscal year 2014. In subsequent fiscal years, the Assistant Secretary shall make available to the Center not less than the amount of resources made available to the Center under this paragraph for fiscal year 2014. . (c) Reports Section 207 of the Older Americans Act of 1965 ( 42 U.S.C. 3018 ) is amended— (1) in subsection (a)(3), by inserting LGBT individuals, after low-income individuals, ; (2) in subsection (c)— (A) in paragraph (1), by inserting , and separately specify the number of such individuals who are LGBT individuals before the semicolon; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following: (4) the effectiveness of such activities in assisting LGBT individuals; ; and (3) by adding at the end the following: (d) The Assistant Secretary shall ensure that— (1) no individual will be required to provide information regarding the sexual orientation or gender identity of the individual as a condition of participating in activities or receiving services under this Act; and (2) no agency or other entity providing activities or services under this Act, that receives, for the purposes of this Act, information regarding the sexual orientation or gender identity of an individual will disclose the information in any form that would permit such individual to be identified. (e) The Assistant Secretary shall develop appropriate protocols, demonstrations, tools, or guidance for use by State agencies and area agencies on aging, to ensure successful implementation of data collection requirements under section 201(d)(3)(J), paragraphs (16)(A)(ii) and (29) of section 202(a), subsections (a)(3), (c)(1), and (c)(4), and section 307(a)(6), relating to LGBT individuals. (f) The Assistant Secretary shall determine when such data collection requirements shall apply, taking into consideration the complexity and importance of each requirement, but each requirement shall apply not later than 1 year after the date of enactment of the Older Americans Act Reauthorization Act of 2014 . . (d) Authorization of appropriations Section 216 of the Older Americans Act of 1965 ( 42 U.S.C. 3020f ) is amended— (1) in subsection (a), by striking 2007, 2008, 2009, 2010, and 2011 and inserting 2014, 2015, 2016, 2017, and 2018 ; (2) in subsection (b)— (A) by striking 202(a)(24) and inserting 202(a)(21) ; and (B) by striking 2007, 2008, 2009, 2010, and 2011 and inserting 2014, 2015, 2016, 2017, and 2018 ; and (3) in subsection (c), by striking 2007, 2008, 2009, 2010, and 2011 and inserting 2014, 2015, 2016, 2017, and 2018 . (e) Advisory Committee To Assess, Coordinate, and Improve Legal Assistance Activities (1) Advisory committee Title II of the Older Americans Act of 1965 ( 42 U.S.C. 3011–3020f ) is amended— (A) by redesignating section 216 as section 217; and (B) by inserting after section 215 the following: 216. Advisory Committee to Assess, Coordinate, and Improve Legal Assistance Activities (a) Establishment There is established an Advisory Committee to Assess, Coordinate, and Improve Legal Assistance Activities (referred to in this section as the Committee ). (b) Membership; duties The Assistant Secretary shall appoint members to the Committee and determine the activities of the Committee (which shall include the study and report described in subsection (c)). (c) Study; report The Committee shall conduct a study on the legal services activities assistance system for older individuals. Not later than 1 year after the date of the establishment of the Committee, the Committee shall submit to the President, Congress, and the Assistant Secretary a report that contains a detailed statement of the findings and conclusions of such study, including the Committee’s recommendations improving the legal services activities assistance system for older individuals. (d) Regulations Not later than 180 days after receiving the report described in subsection (c), the Assistant Secretary shall issue regulations or guidance taking into consideration the recommendations of the Committee. (e) Definition In this subsection, the term legal assistance activities includes— (1) legal assistance made available to older individuals with greatest economic need or with greatest social need; (2) activities of the National Legal Resource Center carried out under section 420(a); (3) State legal assistance developer activities carried out under section 731; and (4) any other directly related activity or program as determined appropriate by the Assistant Secretary. . (2) Conforming amendment Section 215(j) of the Older Americans Act of 1965 ( 42 U.S.C. 3020e–1(j) ) is amended by striking section 216 and inserting section 217 . (3) Authorization of appropriations Section 217 of the Older Americans Act of 1965 ( 42 U.S.C. 3020f ), as so redesignated by subsection (c), is amended by adding at the end the following: (d) Advisory Committee To Assess, Coordinate, and Improve Legal Assistance Activities There is authorized to be appropriated to carry out section 216 $300,000 for each of the fiscal years 2014, 2015, 2016, 2017, and 2018. . 5. State and community programs on aging (a) Authorization of appropriations Section 303 of the Older Americans Act of 1965 ( 42 U.S.C. 3023 ) is amended— (1) in subsection (a)(1), by striking fiscal years 2007 and all that follows and inserting each of the fiscal years 2014 through 2018. ; (2) in subsection (b)— (A) in paragraph (1), by striking fiscal years 2007 and all that follows and inserting each of the fiscal years 2014 through 2018. ; and (B) in paragraph (2), by striking fiscal years 2007 and all that follows and inserting each of the fiscal years 2014 through 2018. ; (3) in subsection (d), by striking fiscal years 2007 and all that follows and inserting each of the fiscal years 2014 through 2018. ; and (4) in subsection (e)(2), by striking 2011 and inserting 2011 and each of the fiscal years 2014 through 2018 . (b) Conforming amendment Section 304(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3024(b) ) is amended by striking subpart 1 of . (c) Planning and service areas Section 305(b)(5)(C)(i)(III) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(b)(5)(C)(i)(III) ) is amended by striking planning and services areas and inserting planning and service areas . (d) Area plans Section 306 of the Older Americans Act of 1965 ( 42 U.S.C. 3026 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking establishment, maintenance, or construction of multipurpose senior centers, and inserting establishment, maintenance, modernization, or construction of multipurpose senior centers (including a plan to use the skills and services of older individuals in paid and unpaid work, including multigenerational and older individual to older individual work), ; and (B) in paragraph (6)— (i) in subparagraph (G), by adding and at the end; and (ii) by adding at the end the following: (H) in coordination with the State agency and with the State agency responsible for elder abuse prevention services, increase public awareness of elder abuse, neglect, and exploitation, and remove barriers to education, prevention, investigation, and treatment of elder abuse, neglect, and exploitation, as appropriate; ; and (2) in subsection (b)(3)— (A) in subparagraph (J), by striking and at the end; (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) protection from elder abuse, neglect, and exploitation; and . (e) Nutrition services incentive program Section 311(e) of the Older Americans Act of 1965 ( 42 U.S.C. 3030a(e) ) is amended by striking fiscal year 2007 and all that follows and inserting each of the fiscal years 2014 through 2018. . (f) Supportive services Section 321 of the Older Americans Act of 1965 ( 42 U.S.C. 3030d ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking or referral services and inserting referral, chronic condition self-care management, or falls prevention services ; (B) in paragraph (8), by striking (including and all that follows and inserting the following: (including mental and behavioral health screening and falls prevention services screening) to detect or prevent (or both) illnesses and injuries that occur most frequently in older individuals; and (C) in paragraph (15), by inserting before the semicolon the following: , and screening for elder abuse, neglect, and exploitation ; (2) in subsection (b)(1), by inserting or modernization after construction ; (3) in subsection (c), by inserting before the period the following: , and pursue opportunities for the development of intergenerational shared site models for programs or projects, consistent with the purposes of this Act ; and (4) by adding at the end the following: (e) In this section, the term adult child with a disability means a child who— (1) is age 18 or older; (2) is financially dependent on an older individual who is a parent of the child; and (3) has a disability. . (g) Home delivered nutrition services program Section 336(1) of the Older Americans Act of 1965 ( 42 U.S.C. 3030f(1) ) is amended by striking canned and all that follows through meals and inserting canned, or fresh foods and, as appropriate, supplemental foods and any additional meals . (h) Nutrition services Section 339 of the Older Americans Act of 1965 ( 42 U.S.C. 3030g–21 ) is amended— (1) in paragraph (1), by striking solicit and inserting utilize ; and (2) in paragraph (2)— (A) in subparagraph (J)— (i) by striking if appropriate ; and (ii) by striking and at the end; (B) in subparagraph (K), by striking the period and inserting , and ; and (C) by adding at the end the following: (L) where feasible, encourages the use of organic or locally grown foods in meal programs and identifies potential partnerships and contracts with local producers and providers of organic or locally grown foods. . (i) Evidence-Based disease prevention and health promotion services program Part D of title III of the Older Americans Act of 1965 ( 42 U.S.C. 3030m et seq. ) is amended— (1) in the part heading, by inserting Evidence-Based before Disease ; and (2) in section 361(a), by inserting evidence-based after to provide . (j) Older relative caregivers (1) Technical amendment Part E of title III of the Older Americans Act of 1965 ( 42 U.S.C. 3030s et seq. ) is amended by striking the subpart heading for subpart 1. (2) Definitions Section 372 of such Act ( 42 U.S.C. 3030s ) is amended— (A) in subsection (a)— (i) in paragraph (1), by striking or who is an individual with a disability ; and (ii) by striking paragraph (2) and inserting the following: (2) Individual with a disability The term individual with a disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ), who is not less than age 18 and not more than age 59. (3) Older relative caregiver The term older relative caregiver means a caregiver who— (A) (i) is age 55 or older; and (ii) lives with, is the informal provider of in-home and community care to, and is the primary caregiver for, a child or an individual with a disability; (B) in the case of a caregiver for a child— (i) is the grandparent, stepgrandparent, or other relative (other than the parent) by blood, marriage, or adoption, of the child; (ii) is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregivers of the child; and (iii) has a legal relationship to the child, such as legal custody, adoption, or guardianship, or is raising the child informally; and (C) in the case of a caregiver for an individual with a disability, is the parent, grandparent, or other relative by blood, marriage, or adoption, of the individual with a disability. ; and (B) in subsection (b)— (i) by striking subpart and all that follows through family caregivers and inserting part, for family caregivers ; (ii) by striking ; and and inserting a period; and (iii) by striking paragraph (2). (k) National family caregiver support program Section 373 of the Older Americans Act of 1965 ( 42 U.S.C. 3030s–1 ) is amended— (1) in subsection (a)(2), by striking grandparents or older individuals who are relative caregivers. and inserting older relative caregivers. ; (2) in subsection (c)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking grandparents and older individuals who are relative caregivers, and who and inserting older relative caregivers, who ; and (B) in paragraph (2)(B), by striking to older individuals providing care to individuals with severe disabilities, including children with severe disabilities and inserting to older relative caregivers of children with severe disabilities, or individuals with disabilities who have severe disabilities ; (3) in subsection (e)(3), by striking grandparents or older individuals who are relative caregivers and inserting older relative caregivers ; (4) in subsection (f)(1)(A), by striking for fiscal years 2007, 2008, 2009, 2010, and 2011 and inserting for a fiscal year ; and (5) in subsection (g)(2)(C), by striking grandparents and older individuals who are relative caregivers of a child who is not more than 18 years of age and inserting older relative caregivers . (l) Conforming amendment Part E of title III is amended by striking this subpart each place it appears and inserting this part . 6. Activities for health, independence, and longevity (a) Grant programs Section 411 of the Older Americans Act of 1965 ( 42 U.S.C. 3032 ) is amended— (1) in subsection (a)— (A) in paragraph (12), by striking and at the end; (B) by redesignating paragraph (13) as paragraph (14); and (C) by inserting after paragraph (12) the following: (13) continuing support for program integrity initiatives concerning the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) that train senior volunteers to prevent and identify health care fraud and abuse; and ; and (2) in subsection (b), by striking for fiscal years 2007 and all that follows through 2011 and inserting for each of the fiscal years 2014 through 2018 . (b) Native American programs Section 418(b) of the Older Americans Act of 1965 ( 42 U.S.C. 3032g(b) ) is amended by striking a national meeting to train and inserting national trainings for . (c) Legal assistance for older Americans Section 420(c) of the Older Americans Act of 1965 ( 42 U.S.C. 3032i(c) ) is amended by striking national . (d) Conforming amendment Section 417(a)(1)(A) of the Older Americans Act of 1965 ( 42 U.S.C. 3032f(a)(1)(A) ) is amended by striking grandparents and other older individuals who are relative caregivers and inserting older relative caregivers (as defined in section 372) . 7. National resource center on family caregiving Part A of title IV of the Older Americans Act of 1965 ( 42 U.S.C. 3032–3032k ) is amended by adding at the end the following: 423. National Resource Center on Family Caregiving (a) Establishment The Secretary of Health and Human Services shall award a grant to or enter into a cooperative agreement with a public or private nonprofit entity to establish a National Resource Center on Family Caregiving (referred to in this section as the Center ). (b) Development The Assistant Secretary shall develop and issue operating standards and reporting requirements for the Center established under subsection (a). (c) Authorization There is authorized to be appropriated to carry out this section, $2,000,000 for each of the fiscal years 2014 through 2018. . 8. Multipurpose senior center modernization, training, and support Part A of title IV of the Older Americans Act of 1965 ( 42 U.S.C. 3032–3032k ), as amended by section 7, is amended by adding at the end the following: 424. Multipurpose senior center modernization, training, and support (a) Program authorized The Assistant Secretary shall award grants and enter into contracts with eligible entities to carry out projects to— (1) support and promote modern multipurpose senior center models which yield vibrant, multiservice, multigenerational centers for older individuals, families of older individuals, and others in the community to gain skills, resources, and connections needed to meet the challenges that occur with continuum of care and quality of life; (2) build an evidence base of modern, replicable practices that allow senior centers to serve a diverse array of older individuals, as well as their families and other caregivers, leveraging innovative partnerships and public and private resources to develop and expand programs; and (3) mobilize services and leverage resources to support the role of multipurpose senior centers as community focal points, as provided in section 306(a)(3), and for the establishment, construction, maintenance, and operation of centers, as described in sections 303(c)(2) and 306(a)(1), including development of intergenerational shared site models, consistent with the purposes of this Act. (b) Use of funds An eligible entity shall use funds made available under a grant awarded, or a contract entered into, under subsection (a) to— (1) carry out a project described in subsection (a); and (2) evaluate the project in accordance with subsection (f). (c) Application To be eligible to receive a grant or enter into a contract under subsection (a), an eligible entity shall submit an application to the Assistant Secretary at such time, in such manner, and accompanied by such information as the Assistant Secretary may reasonably require. (d) Eligible entity For purposes of this section, the term eligible entity means— (1) a multipurpose senior center that has met national accreditation and fiduciary standards; or (2) a regional partnership or collaboration of multipurpose senior centers or State association of senior centers in which not less than 2 centers are accredited. (e) Competitive grants for technical assistance (1) Grants The Assistant Secretary shall make a grant, on a competitive basis, to an eligible nonprofit organization described in paragraph (2), to enable the organization to— (A) provide training and technical assistance to recipients of grants under this section and other multipurpose senior centers to adopt and tailor evidence-based modernization strategies and practices to respond to the economic and health needs of the diverse and growing aging populations in their own communities; and (B) carry out other duties, as determined by the Assistant Secretary. (2) Eligible nonprofit organization To be eligible to receive a grant under this subsection, an organization shall be a nonprofit organization (including a partnership of nonprofit organizations), that— (A) has experience and expertise in providing technical assistance to a range of multipurpose senior centers and experience evaluating and reporting on programs; and (B) has demonstrated knowledge of and expertise in multipurpose senior center accreditation or other standards of excellence. (3) Application To be eligible to receive a grant under this subsection, an organization (including a partnership of nonprofit organizations) shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require, including an assurance that the organization will submit to the Assistant Secretary such evaluations and reports as the Assistant Secretary may require. (f) Local evaluation and report (1) Evaluation Each entity receiving a grant or a contract under subsection (a) to carry out a project described in subsection (a) shall evaluate the project, leadership, and resources for the modernization of multipurpose senior centers to determine— (A) the effectiveness of the project in producing innovations and mobilizing resources; (B) the impact on older individuals, families of older individuals, and the community being served; and (C) the potential for the project to be replicated by other multipurpose senior centers, noting the necessary resources and partnerships and the types of populations and communities best suited for the model. (2) Report The entity described in paragraph (1) shall submit a report to the Assistant Secretary containing the evaluation not later than 6 months after the expiration of the period for which the grant or contract is in effect. (g) Report to Congress Not later than 6 months after the Assistant Secretary receives the reports described in subsection (f)(2), the Assistant Secretary shall prepare and submit to Congress a report that assesses the evaluations and includes, at a minimum— (1) a description of the nature and operation of the projects funded under this section and other activities conducted in support of such projects; (2) the findings resulting from the evaluations of the model projects conducted under this section; (3) a description of recommended best practices of modern multipurpose senior centers; (4) a strategy for disseminating the findings resulting from the projects described in paragraph (1); and (5) recommendations for legislative or administrative action, as the Assistant Secretary determines appropriate. . 9. Community service senior opportunities Section 517(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3056o(a) ) is amended by striking fiscal years 2007, 2008, 2009, 2010, and 2011 and inserting each of the fiscal years 2014 through 2018 . 10. Grants for Native Americans Section 643(2) of the Older Americans Act of 1965 ( 42 U.S.C. 3057n(2) ) is amended by striking fiscal year 2011 and inserting each of the fiscal years 2014 through 2018 . 11. Vulnerable elder rights protection activities (a) Ombudsman definitions Section 711(6) of the Older Americans Act of 1965 ( 42 U.S.C. 3058f(6) ) is amended by striking older . (b) Ombudsman programs Section 712 of the Older Americans Act of 1965 ( 42 U.S.C. 3058g ) is amended— (1) in subsection (a)— (A) in paragraph (2), by adding at the end the following: The Ombudsman shall be responsible for the management, including the fiscal management, of the Office. ; (B) in paragraph (3)— (i) in subparagraph (A), by striking clause (i) and inserting the following: (i) are made by, or on behalf of, residents, including residents with limited or no decisionmaking capacity and who have no known legal representative, and if such a resident is unable to communicate consent for an Ombudsman to work on a complaint directly involving the resident, the Ombudsman shall seek evidence to indicate what outcome the resident would have communicated (and, in the absence of evidence to the contrary, shall assume that the resident wishes to have the resident’s health, safety, welfare, and rights protected) and shall work to accomplish that outcome; and ; (ii) in subparagraph (D), by striking regular and timely and inserting regular, timely, private, and unimpeded ; (iii) in subparagraph (H)(iii)— (I) by inserting , actively encourage, and assist in after provide technical support for ; and (II) by striking and after the semicolon; (iv) by redesignating subparagraph (I) as subparagraph (K); and (v) by inserting after subparagraph (H) the following: (I) when feasible, continue to carry out the functions described in this section on behalf of residents transitioning from a long-term care facility to a home care setting; (J) collect and analyze data, relating to discrimination against LGBT older individuals on the basis of actual or perceived sexual orientation or gender identity in the admission to, transfer or discharge from, or lack of adequate care provided in long-term care settings, and shall include the analyses in the reports; and ; and (C) in paragraph (5)(B)— (i) in clause (vi)— (I) by inserting , actively encourage, and assist in after support ; and (II) by striking and after the semicolon; (ii) by redesignating clause (vii) as clause (viii); and (iii) by inserting after clause (vi) the following: (vii) identify, investigate, and resolve complaints described in clause (iii) that are made by or on behalf of residents with limited or no decisionmaking capacity and who have no known legal representative, and if such a resident is unable to communicate consent for an Ombudsman to work on a complaint directly involving the resident, the Ombudsman shall seek evidence to indicate what outcome the resident would have communicated (and, in the absence of evidence to the contrary, shall assume that the resident wishes to have the resident’s health, safety, welfare, and rights protected) and shall work to accomplish that outcome; and ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking access and inserting private and unimpeded access ; and (ii) in subparagraph (B)— (I) in clause (i)— (aa) in the matter preceding subclause (I), by striking the medical and social records of a and inserting all files, records, and other information concerning a ; and (bb) in subclause (II), by striking to consent and inserting to communicate consent ; and (II) in clause (ii), in the matter before subclause (I), by striking the records and inserting the files, records, and information ; and (B) by adding at the end the following: (3) Health oversight agency For purposes of section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (including regulations issued under that section) (42 U.S.C. 1320d–2 note), the Ombudsman and a representative of the Office shall be considered a health oversight agency, so that release of residents' individually identifiable health information to the Ombudsman or representative is not precluded in cases in which the requirements of clause (i) or (ii) of paragraph (1)(B), or the requirements of paragraph (1)(D), are otherwise met. ; (3) in subsection (d)— (A) in paragraph (1), by striking files and inserting files, records, and other information ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking files and records each place such term appears and inserting files, records, and other information ; and (II) by striking and after the semicolon; (ii) in subparagraph (B)— (I) by striking files or records and inserting files, records, or other information ; and (II) in clause (iii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (C) notwithstanding subparagraph (B), ensure that the Ombudsman may disclose information as needed in order to best serve residents with limited or no decisionmaking capacity who have no known legal representative and are unable to communicate consent, in order for the Ombudsman to carry out the functions and duties described in paragraphs (3)(A) and (5)(B) of subsection (a). ; (4) by striking subsection (f) and inserting the following: (f) Conflict of interest (1) Individual conflict of interest The State agency shall— (A) ensure that no individual, or member of the immediate family of an individual, involved in the designation of the Ombudsman (whether by appointment or otherwise) or the designation of an entity designated under subsection (a)(5), is subject to a conflict of interest; (B) ensure that no officer or employee of the Office, representative of a local Ombudsman entity, or member of the immediate family of the officer, employee, or representative, is subject to a conflict of interest; and (C) ensure that the Ombudsman— (i) does not have a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care service; (ii) does not have an ownership or investment interest (represented by equity, debt, or other financial relationship) in a long-term care facility or a long-term care service; (iii) is not employed by, or participating in the management of, a long-term care facility or a related organization, and has not been employed by such a facility or organization within 1 year before the date of the determination involved; (iv) does not receive, or have the right to receive, directly or indirectly, remuneration (in cash or in kind) under a compensation arrangement with an owner or operator of a long-term care facility; (v) does not have management responsibility for, or operate under the supervision of an individual with management responsibility for, adult protective services; and (vi) does not serve as a guardian or in another fiduciary capacity for residents of long-term care facilities in an official capacity (as opposed to serving as a guardian or fiduciary for a family member, in a personal capacity). (2) Organizational conflict of interest (A) In general The State agency shall comply with subparagraph (B)(i) in a case in which the Office poses an organizational conflict of interest, including a situation in which the Office is placed in an organization that— (i) is responsible for licensing, certifying, or surveying long-term care services in the State; (ii) is an association (or an affiliate of such an association) of long-term care facilities, or of any other residential facilities for older individuals; (iii) provides long-term care services, including programs carried out under a Medicaid waiver approved under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ) or under subsection (b) or (c) of section 1915 of the Social Security Act (42 U.S.C. 1396n), or under a Medicaid State plan amendment under subsection (i), (j), or (k) of section 1915 of the Social Security Act (42 U.S.C. 1396n); (iv) provides long-term care case management; (v) sets rates for long-term care services; (vi) provides adult protective services; (vii) is responsible for eligibility determinations for the Medicaid program carried out under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (viii) conducts preadmission screening for placements in facilities described in clause (ii); or (ix) makes decisions regarding admission or discharge of individuals to or from such facilities. (B) Identifying, removing, and remedying organizational conflict (i) In general The State agency may not operate the Office or carry out the program, directly, or by contract or other arrangement with any public agency or nonprofit private organization, in a case in which there is an organizational conflict of interest (within the meaning of subparagraph (A)) unless such conflict of interest has been— (I) identified by the State agency; (II) disclosed by the State agency to the Assistant Secretary in writing; and (III) remedied in accordance with this subparagraph. (ii) Action by Assistant Secretary In a case in which a potential or actual organizational conflict of interest (within the meaning of subparagraph (A)) involving the Office is disclosed or reported to the Assistant Secretary by any person or entity, the Assistant Secretary shall require that the State agency, in accordance with the policies and procedures established by the State agency under subsection (a)(5)(D)(iii)— (I) remove the conflict; or (II) submit, and obtain the approval of the Assistant Secretary for, an adequate remedial plan that indicates how the Ombudsman will be unencumbered in fulfilling all of the functions specified in subsection (a)(3). ; and (5) in subsection (h)— (A) in paragraph (3)(A)(i), by striking older ; (B) in paragraph (4), by striking all that precedes procedures and inserting the following: (4) strengthen and update ; (C) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; (D) by inserting after paragraph (3) the following: (4) ensure that the Ombudsman or a designee participates in training provided by the National Ombudsman Resource Center established in section 202(a)(18); ; (E) in paragraph (6)(A), as so redesignated by subparagraph (C) of this paragraph, by striking paragraph (4) and inserting paragraph (5) ; (F) in paragraph (7)(A), as so redesignated by subparagraph (C) of this paragraph, by striking subtitle C of the and inserting subtitle C of title I of the ; and (G) in paragraph (10), as so redesignated by subparagraph (C) of this paragraph, by striking (6), or (7) and inserting (7), or (8) . (c) Ombudsman regulations Section 713 of the Older Americans Act of 1965 ( 42 U.S.C. 3058h ) is amended— (1) in paragraph (1), by striking paragraphs (1) and (2) of section 712(f) and inserting subparagraphs (A) and (B) of section 712(f)(1) ; and (2) in paragraph (2), by striking subparagraphs (A) through (D) of section 712(f)(3) and inserting clauses (i) through (vi) of section 712(f)(1)(C) . (d) Prevention of elder abuse, neglect, and exploitation Section 721 of the Older Americans Act of 1965 ( 42 U.S.C. 3058i ) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking (including financial exploitation) ; (B) by redesignating paragraphs (5) through (12) as paragraphs (6) through (13), respectively; (C) by inserting after paragraph (4) the following: (5) promoting the submission of data on elder abuse, neglect, and exploitation for the appropriate database of the Administration or another database specified by the Assistant Secretary; ; (D) in paragraph (10)(C), as redesignated by subparagraph (B)— (i) in clause (ii), by inserting , such as forensic specialists, after such personnel ; and (ii) in clause (v), by inserting before the comma the following: , including programs and arrangements that protect against financial exploitation ; and (E) in paragraph (12), as redesignated by subparagraph (B)— (i) in subparagraph (D), by striking and at the end; and (ii) by adding at the end the following: (F) supporting and studying innovative practices in communities to develop partnerships across disciplines for the prevention, investigation, and prosecution of abuse, neglect, and exploitation; and ; and (2) in subsection (e)(2), in the matter preceding subparagraph (A)— (A) by striking subsection (b)(9)(B)(i) and inserting subsection (b)(10)(B)(i) ; and (B) by striking subsection (b)(9)(B)(ii) and inserting subsection (b)(10)(B)(ii) . 12. Behavioral health The Older Americans Act of 1965 ( 42 U.S.C. 3011 et seq. ) is amended— (1) in section 102— (A) in paragraph (14)(G), by inserting and behavioral after mental ; (B) in paragraph (36), by inserting and behavioral after mental ; and (C) in paragraph (47)(B), by inserting and behavioral after mental ; (2) in section 201(f)(1), by inserting and behavioral after mental ; (3) in section 202(a)(5), by inserting and behavioral after mental ; (4) in section 306(a)— (A) in paragraph (2)(A), by inserting and behavioral after mental ; and (B) in paragraph (6)(F), by striking mental health services each place such term appears and inserting mental and behavioral health services ; and (5) in section 321(a)— (A) in paragraph (1), as amended by section 4(f), by inserting and behavioral after mental ; (B) in paragraph (14)(B), by inserting and behavioral after mental ; and (C) in paragraph (23), by inserting and behavioral after mental . 13. Study on transportation services (a) Study (1) In general Because access to transportation services is critical for millions of older individuals in the United States, to allow them to maintain independence, health, and quality of life, the Comptroller General of the United States shall conduct a study of transportation services for older individuals. (2) Contents In conducting the study, the Comptroller General— (A) shall identify challenges and barriers affecting the aging network in providing, accessing, or coordinating efficient and effective transportation services, including challenges and barriers in coordinating services with Federal agencies and programs such as the Department of Transportation and the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); and (B) shall examine any Federal program requirements that may result in challenges or barriers to the coordination of transportation services within the aging network at the local level. (b) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General shall issue a report. The report shall contain a detailed description of the findings and conclusions of the study, including any recommendations for administrative and other changes to enhance transportation services provided by the aging network. The Comptroller General shall submit the report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. 14. Guidance on serving Holocaust survivors (a) In general Because the services under the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ) are critical to meeting the urgent needs of Holocaust survivors to age in place with dignity, comfort, security, and quality of life, the Assistant Secretary for Aging shall issue guidance to States, that shall be applicable to States, area agencies on aging, and providers of services for older individuals, with respect to serving Holocaust survivors, including guidance on promising practices for conducting outreach to that population. In developing the guidance, the Assistant Secretary for Aging shall consult with experts and organizations serving Holocaust survivors, and shall take into account the possibility that the needs of Holocaust survivors may differ based on geography. (b) Contents The guidance shall include the following: (1) How nutrition service providers may meet the special health-related or other dietary needs of participants in programs under the Older Americans Act of 1965, including needs based on religious, cultural, or ethnic requirements. (2) How transportation service providers may address the urgent transportation needs of Holocaust survivors. (3) How State long-term care ombudsmen may address the unique needs of residents of long-term care facilities for whom institutional settings may produce sights, sounds, smells, emotions, and routines, that can induce panic, anxiety, and retraumatization as a result of experiences from the Holocaust. (4) How supportive services providers may consider the unique needs of Holocaust survivors. (5) How other services provided under that Act, as determined by the Assistant Secretary for Aging, may serve Holocaust survivors. (c) Date of issuance The guidance described in subsection (a) shall be issued not later than 180 days after the date of enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4122ih/xml/BILLS-113hr4122ih.xml
113-hr-4123
I 113th CONGRESS 2d Session H. R. 4123 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Cárdenas (for himself, Mr. Vargas , Mr. Grijalva , Mr. Rangel , Mr. Scott of Virginia , and 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 Juvenile Justice and Delinquency Prevention Act of 1974 to eliminate the use of valid court orders to secure lockup of status offenders, and for other purposes. 1. Short title This Act may be cited as the Prohibiting Detention of Youth Status Offenders Act of 2014 . 2. Deinstitutionalization of status offenders Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633 ) is amended— (1) in subsection (a)(11)— (A) by striking shall the first place it appears; (B) in subparagraph (A)— (i) in clause (i), by inserting and at the end; (ii) in clause (ii), by striking and at the end; (iii) by striking clause (iii); and (iv) in the matter following clause (iii) by striking and at the end; (C) in subparagraph (B), by striking and at the end; and (D) by adding at the end the following: (C) if a court determines the juvenile should be placed in a secure detention facility or correctional facility for violating an order described in subparagraph (A)(ii)— (i) the court shall issue a written order that— (I) identifies the valid court order that has been violated; (II) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; (III) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in such a facility, with due consideration to the best interest of the juvenile; (IV) specifies the length of time, not to exceed 3 days, that the juvenile may remain in a secure detention facility or correctional facility, and includes a plan for the juvenile’s release from such facility; and (V) may not be renewed or extended; and (ii) the court may not issue a second or subsequent order described in clause (i) relating to a juvenile, unless the juvenile violates a valid court order after the date on which the court issues an order described in clause (i); (D) there are procedures in place to ensure that any juvenile held in a secure detention facility or correctional facility pursuant to a court order described in this paragraph does not remain in custody longer than 3 days (with the exception of weekends and holidays) or the length of time authorized by the court, or authorized under applicable State law, whichever is shorter; (E) juvenile status offenders detained or confined in a secure detention facility or correctional facility pursuant to a court order as described in this paragraph may only be detained in secure custody one time in any six-month period, provided that all conditions set forth in subsection (D) are satisfied; and (F) not later than one year after the date of enactment of this subparagraph, with a single one-year extension if the State can demonstrate hardship as determined by the Administrator, the State will eliminate the use of valid court orders as described in paragraph (A)(ii) to provide secure lockup of status offenders; ; and (2) by adding at the end the following: (g) Applications for extension for compliance States may apply for a single one-year extension to comply with subsection (a)(11). To apply, State must submit an application to the Administrator describing— (1) the State’s measurable progress and good faith effort to reduce the number of status offenders who are placed in a secure detention facility or correctional facility pursuant to a court order as described in this paragraph; and (2) the State’s plan to come into compliance not later than 1 year after the date of extension. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4123ih/xml/BILLS-113hr4123ih.xml
113-hr-4124
I 113th CONGRESS 2d Session H. R. 4124 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Cárdenas (for himself, Mr. Vargas , Mr. Scott of Virginia , Mr. Danny K. Davis of Illinois , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to ensure that juveniles adjudicated in Federal delinquency proceedings are not subject to solitary confinement while committed to juvenile facilities. 1. Short title This Act may be cited as the Protecting Youth from Solitary Confinement Act . 2. Juveniles adjudicated in Federal delinquency proceedings not subject to solitary confinement while committed to juvenile facilities Section 5039 of title 18, United States Code, is amended— (1) by adding No juvenile in Federal custody held in juvenile facilities may be subject to solitary confinement. at the end of the second undesignated paragraph; and (2) by inserting after the second undesignated paragraph the following: Not later than 180 days after the end of each fiscal year, the Director of the Board of Prisons shall submit to the President and Congress a report with respect to the preceding fiscal year. The report shall contain a detailed summary and analysis of the most recent data regarding the rate at which juveniles are subject to solitary confinement and the trends demonstrated by the data described in the next sentence. The data referred to in the preceding sentence are, for each juvenile who was subject to solitary confinement during the period to which the report pertains, the types of offenses for which the juvenile is incarcerated, the race, gender, and age of the juvenile, how many hours the juvenile was subject to solitary confinement; and the purpose for the solitary confinement. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4124ih/xml/BILLS-113hr4124ih.xml
113-hr-4125
I 113th CONGRESS 2d Session H. R. 4125 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Costa (for himself, Mr. Garamendi , Mr. Vargas , Mr. Bera of California , and Mr. Cárdenas ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the construction of the expansion of Shasta Dam in California. 1. Short title This Act may be cited as the Shasta Dam Expansion Act of 2014 . 2. Shasta dam expansion Section 103(d)(1)(B) of title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act, 118 Stat. 1681) is amended by— (a) adding after clause (iii) the following: (iv) Construction authorization If the Secretary determines a project described in clause (i), subclause (I) of subparagraph (A) is feasible, the Secretary, subject to appropriations, is authorized to carry out the project in a manner that is substantially in accordance with the recommended plan, and subject to the conditions described in the feasibility study. ; and (b) striking in clause (ii) the project and inserting a project described in clause (i), subclause (I) of subparagraph (A) .
https://www.govinfo.gov/content/pkg/BILLS-113hr4125ih/xml/BILLS-113hr4125ih.xml
113-hr-4126
I 113th CONGRESS 2d Session H. R. 4126 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Costa (for himself, Mr. Garamendi , Mr. Farr , Mr. Vargas , Mr. Bera of California , and Mr. Cárdenas ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the construction of the expansion of San Luis Reservoir in California. 1. Short title This Act may be cited as the San Luis Reservoir Expansion Act of 2014 . 2. San Luis Reservoir expansion Section 103(f) of Title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act, 118 Stat. 1681) is amended by— (a) Striking subparagraph (1) and inserting the following: (1) Conveyance and expansion The amounts authorized to be appropriated under section 109 may be expended for the following. (b) Inserting including the increase of storage capacity at San Luis Reservoir, after improvement project, .
https://www.govinfo.gov/content/pkg/BILLS-113hr4126ih/xml/BILLS-113hr4126ih.xml
113-hr-4127
I 113th CONGRESS 2d Session H. R. 4127 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Costa (for himself, Mr. Garamendi , Mr. Vargas , Mr. Bera of California , and Mr. Cárdenas ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the construction of the Upper San Joaquin River Storage in California. 1. Short title This Act may be cited as the Upper San Joaquin River Storage Act of 2014 . 2. Upper San Joaquin river storage Section 103(d)(1)(B) of title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act, 118 Stat. 1681) is amended by— (a) adding after clause (iii) the following: (iv) Construction authorization If the Secretary determines a project described in clause (ii), subclause (II) of subparagraph (A) is feasible, the Secretary, subject to appropriations, is authorized to carry out the project in a manner that is substantially in accordance with the recommended plan, and subject to the conditions described in the feasibility study. ; and (b) striking in clause (ii) the project and inserting a project described in clause (ii), subclause (II) of subparagraph (A) .
https://www.govinfo.gov/content/pkg/BILLS-113hr4127ih/xml/BILLS-113hr4127ih.xml
113-hr-4128
I 113th CONGRESS 2d Session H. R. 4128 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Ms. DelBene (for herself, Ms. Shea-Porter , and Mr. Pallone ) 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 expand and modify the credit for employee health insurance expenses of small employers. 1. Short title This Act may be cited as the Small Business Tax Credit Accessibility Act . 2. Sense of the Congress It is the sense of the Congress that the Obama administration should work to make the small business health care tax credit under section 45R of the Internal Revenue Code of 1986 more accessible for small employers. 3. Expansion and modification of credit for employee health insurance expenses of small employers (a) Expansion of definition of eligible small employer Subparagraph (A) of section 45R(d)(1) of the Internal Revenue Code of 1986 is amended by striking 25 and inserting 50 . (b) Amendment to phaseout determination Subsection (c) of section 45R of the Internal Revenue Code of 1986 is amended to read as follows: (c) Phaseout of credit amount based on number of employees and average wages The amount of the credit determined under subsection (b) (without regard to this subsection) shall be adjusted (but not below zero) by multiplying such amount by the product of— (1) the lesser of— (A) a fraction the numerator of which is the excess (if any) of 50 over the total number of full-time equivalent employees of the employer and the denominator of which is 30, and (B) 1, and (2) the lesser of— (A) a fraction the numerator of which is the excess (if any) of— (i) the dollar amount in effect under subsection (d)(3)(B) for the taxable year, multiplied by 2, over (ii) the average annual wages of the employer for such taxable year, and the denominator of which is the dollar amount so in effect under subsection (d)(3)(B), and (B) 1. . (c) Partially phased out credit allowed for insurance outside an Exchange (1) In general Section 45R of the Internal Revenue Code of 1986 is amended by redesignating subsections (h) and (i) as subsections (i) and (j), respectively, and by inserting after subsection (g) the following new subsection: (h) Partially phased out credit allowed for insurance outside an Exchange for 2014 (1) In general If an eligible small employer offers to its employees in a manner other than through an Exchange a health plan that meets the requirements of paragraph (2), the following modifications shall apply with respect to a taxable year beginning in 2014: (A) Qualified health plan This section and section 280C(h) shall be applied for such taxable year by treating such plan as a qualified health plan. (B) Reduced credit percentage Subsection (b) shall be applied— (i) by substituting 25 percent for 35 percent , (ii) by substituting 35 percent for 50 percent , and (iii) without regard to through an Exchange in paragraph (1) thereof. (C) Contribution arrangements Subsection (d)(4) shall be applied without regard to through an exchange . (D) Credit period (i) In general The credit under this section shall be determined without regard to whether such taxable year is in a credit period. (ii) Year taken into account as portion of credit period in subsequent years For purposes of applying this section to taxable years beginning after 2014 in which the employer offers a qualified health plan (without regard to subparagraph (A)) to its employees through an Exchange, subsection (e)(2) shall be applied by substituting 2-consecutive-taxable for 3-consecutive-taxable . (2) Requirements A health plan meets the requirements of this paragraph if such plan— (A) provides the essential health benefits package described in section 1302(a) of the Patient Protection and Affordable Care Act, and (B) is offered by a health insurance issuer that— (i) is licensed and in good standing to offer health insurance coverage in each State in which such issuer offers health insurance coverage, and (ii) if such issuer offers health plans through an Exchange, agrees to charge the same premium rate for each qualified health plan of the issuer without regard to whether the plan is offered through an Exchange or whether the plan is offered directly from the issuer or through an agent. . (2) Conforming amendment Section 6055(b)(2)(C) of such Code is amended by striking Exchange and inserting Exchange (or a plan with respect to which a credit is allowed under section 45R by reason of subsection (h) thereof) . (d) Extension of credit period Paragraph (2) of section 45R(e) of the Internal Revenue Code of 1986 is amended by striking 2-consecutive-taxable and inserting 3-consecutive-taxable . (e) Average annual wage limitation Subparagraph (B) of section 45R(d)(3) of the Internal Revenue Code of 1986 is amended to read as follows: (B) Dollar amount For purposes of paragraph (1)(B) and subsection (c)(2), the dollar amount in effect under this paragraph is the amount equal to 110 percent of the poverty line (within the meaning of section 36B(d)(3)) for a family of 4. . (f) Elimination of uniform percentage contribution requirement Paragraph (4) of section 45R(d) of the Internal Revenue Code of 1986 is amended by striking a uniform percentage (not less than 50 percent) and inserting at least 50 percent . (g) Elimination of cap relating to average local premiums Subsection (b) of section 45R of the Internal Revenue Code of 1986 is amended by striking the lesser of and all that follows and inserting the aggregate amount of nonelective contributions the employer made on behalf of its employees during the taxable year under the arrangement described in subsection (d)(4) for premiums for qualified health plans offered by the employer to its employees through an Exchange. . (h) Credit availability for family members in certain cases Clause (iv) of section 45R(e)(1)(A) of the Internal Revenue Code of 1986 is amended to read as follows: (iv) any individual who is a spouse or dependent (within the meaning of section 152) of an individual described in clause (i), (ii), or (iii). . (i) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr4128ih/xml/BILLS-113hr4128ih.xml
113-hr-4129
I 113th CONGRESS 2d Session H. R. 4129 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Hinojosa 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 provide for tax preferred savings accounts for dependent youth, and for other purposes. 1. Short title This Act may be cited as the Roth Accounts for Youth Savings Act of 2014 or the RAYS Act . 2. Roth Account for Youth (a) In general Section 408A of the Internal Revenue Code of 1986 (relating to Roth IRAs) is amended by adding at the end the following: (g) Roth Account for Youth (1) In general In the case of a dependent of a taxpayer to whom this paragraph applies for the taxable year and with respect to whom an election for the taxable year is in effect under paragraph (3)(B), the limitation of subsection (c)(2) shall be equal to the sum of— (A) the contribution limit determined under this section (before the application of this subsection) with respect to the dependent, plus (B) (i) the dollar amount determined (before the application of this subsection) under subsection (c)(2) for the taxable year with respect to such taxpayer, without regard to section 219(b)(5)(B), reduced by (ii) the sum of— (I) all prior contributions to all other Roth IRAs maintained on behalf of all other dependents of such taxpayer for the taxable year, determined by taking into account the order elected by the taxpayer under paragraph (3)(B), plus (II) the aggregate amount of contributions to all individual retirement plans and Roth IRAs maintained on behalf of the taxpayer for the taxable year. (2) Maximum contribution In no case shall the aggregate amount of contributions to all individual retirement plans and Roth IRAs maintained on behalf of a dependent in a taxable year exceed the deductible amount determined under section 219(b)(5)(A). (3) Ordering rules (A) Taxpayer’s own IRAs Subsection (c)(2) shall apply with respect to all individual retirement plans maintained for the benefit of the taxpayer before paragraph (1) applies with respect to a dependent of the taxpayer. (B) Election of order in the case of more than 1 dependent For purposes of determining the contribution limit under paragraph (1) for more than 1 dependent, paragraph (1)(B)(ii) shall apply with respect to dependents of the taxpayer in the order elected by the taxpayer. (4) Dependent to whom paragraph (1) applies Paragraph (1) shall apply to any dependent of a taxpayer if— (A) the taxpayer is allowed a deduction under section 151 for the dependent for the taxable year, (B) in the case of a taxpayer who is married, the taxpayer files a joint return for the taxable year, and (C) the amount of compensation (if any) includible in the dependent’s gross income for the taxable year is less than the compensation includible in the gross income of the taxpayer for the taxable year. (5) Special rule for divorced parents, etc For purposes of paragraph (3), rules similar to the rules of section 152(e) shall apply. (6) Compensation For purposes of this subsection, the term compensation has the meaning given such term by section 219(f)(1). . (b) Conforming amendment Section 408A(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking Roth IRA) and by inserting Roth IRA or a contribution is made to a dependent’s Roth IRA under subsection (g)) after such individual’s spouse . (c) Income Disregard Under Federal Means-Tested Benefit Programs The amount in a Roth Account for Youth established pursuant to section 408A(g) of the Internal Revenue Code of 1986 shall be disregarded as income or resources for purposes of determining eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal benefit program that is means-tested. (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
https://www.govinfo.gov/content/pkg/BILLS-113hr4129ih/xml/BILLS-113hr4129ih.xml
113-hr-4130
I 113th CONGRESS 2d Session H. R. 4130 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Jeffries 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 encourage mixed-income housing development. 1. Short title This Act may be cited as the Low and Moderate Income Housing Act of 2014 . 2. Mixed-income housing test for low-income housing credit (a) In general Subparagraph (B) of section 42(g)(1) of the Internal Revenue Code of 1986 is amended to read as follows: (B) 50–50–120 test The project meets the requirements of this subparagraph if 50 percent or more of the residential units in such project are both rent-restricted and occupied by individuals whose income is at least 50 percent, but not more than 120 percent, of area median gross income. . (b) Effective date The amendments made by this section shall apply to determinations under section 42 of the Internal Revenue Code of 1986 with respect to housing credit dollar amounts allocated from State housing credit ceilings after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4130ih/xml/BILLS-113hr4130ih.xml
113-hr-4131
I 113th CONGRESS 2d Session H. R. 4131 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Moran (for himself, Mr. Van Hollen , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 49, United States Code, to allow States to regulate tow truck operations. 1. Short title This Act may be cited as the State and Local Predatory Towing Enforcement Act . 2. Regulation of tow truck operators Section 14501(c)(2)(C) of title 49, United States Code, is amended by striking the price of and all that follows through transportation is and inserting the regulation of tow truck operations .
https://www.govinfo.gov/content/pkg/BILLS-113hr4131ih/xml/BILLS-113hr4131ih.xml
113-hr-4132
I 113th CONGRESS 2d Session H. R. 4132 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Murphy of Florida (for himself, Mr. Peters of California , Mr. Garcia , Mr. Delaney , and Ms. Sinema ) 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 expand the size of employers eligible for the credit for employee health insurance expenses of small employers. 1. Short title This Act may be cited as the Helping Entrepreneurs Lower Prices Act of 2014 . 2. Expansion of employers eligible for tax credit for employee health insurance expenses of small employers (a) In general Section 45R(d)(1)(A) of the Internal Revenue Code of 1986 is amended by striking 25 and inserting 50 . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2014.
https://www.govinfo.gov/content/pkg/BILLS-113hr4132ih/xml/BILLS-113hr4132ih.xml
113-hr-4133
I 113th CONGRESS 2d Session H. R. 4133 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Murphy of Florida (for himself, Mr. Peters of California , Mr. Garcia , Mr. Delaney , and Ms. Sinema ) 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 expand the credit period for which an employer is eligible for the credit for employee health insurance expenses of small employers. 1. Short title This Act may be cited as the Small Business Attraction and Retention Act of 2014 . 2. Expansion of credit period for which an employer is eligible for the credit for employee health insurance expenses of small employers (a) In general Section 45R(e)(2) of the Internal Revenue Code of 1986 is amended by striking 2-consecutive-taxable year period and inserting 3-consecutive-taxable year period . (b) Conforming amendment Section 45R(i) of the Internal Revenue Code of 1986 is amended by striking 2-year limit on the credit period and inserting 3-year limit on the credit period . (c) Effective date The amendment made by subsection (a) shall apply to amounts paid or incurred in taxable years beginning after December 31, 2014.
https://www.govinfo.gov/content/pkg/BILLS-113hr4133ih/xml/BILLS-113hr4133ih.xml
113-hr-4134
I 113th CONGRESS 2d Session H. R. 4134 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Nugent introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committees on the Budget and 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 repeal the reduced annual cost-of-living adjustment of the retired pay of retired members of the Armed Forces under the age of 62 imposed by the Bipartisan Budget Act of 2013. 1. Short title This Act may be cited as the America First Act . 2. Repeal of reduced annual cost-of-living adjustment of the retired pay of retired members of the Armed Forces under the age of 62 (a) Repeal Section 403 of the Bipartisan Budget Act of 2013 ( Public Law 113–67 ), section 10001 of the Department of Defense Appropriations Act, 2014 ( Public Law 113–76 ), and sections 1 and 2 of Public Law 113–82 are repealed. (b) Offsetting reduction in foreign aid To offset the costs to be incurred by the amendments made by subsection (a), the amounts otherwise authorized to be appropriated for foreign aid (including non-military and military assistance) for each of fiscal years 2015 through 2024 shall be reduced by $600,000,000.
https://www.govinfo.gov/content/pkg/BILLS-113hr4134ih/xml/BILLS-113hr4134ih.xml
113-hr-4135
I 113th CONGRESS 2d Session H. R. 4135 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Simpson introduced the following bill; which was referred to the Committee on the Judiciary A BILL To clarify the standard required for the importation of sporting arms into the United States, and for other purposes. 1. Short title This Act may be cited as the Firearm Importation Fairness Act of 2014 . 2. Findings; purposes (a) Findings The Congress finds the following: (1) Citizens have a fundamental, individual right, under the Second Amendment to the United States Constitution, to keep and bear arms. The Supreme Court has held that the right to self-defense, rather than sport is at the core of that right. (2) Despite the meaning of the Second Amendment as interpreted by the Supreme Court, section 925(d) of title 18, United States Code, requires the Attorney General to approve the importation of firearms into the United States for private ownership, but generally only if the firearms are determined to be suitable for or adaptable to sporting purposes . (3) The Executive Branch has interpreted sporting purposes in a narrow and obstructive manner, impeding firearms imports, interfering with citizens’ constitutional rights, and diminishing consumer choice. These interpretations have resulted in bans on the importation of firearms that are completely legal to make, sell, and own in the United States. (b) Purposes The purposes of this Act are as follows: (1) To clarify the standard used to import firearms into the United States. (2) To make it clear that firearms imports may not be subject to discriminatory treatment, and that firearms should be importable for all lawful purposes, including hunting, self defense, collecting, competitive shooting, and plinking. (3) To prevent the further impediment of commerce by allowing faster consideration of firearm import permits. 3. Modification of standard for importation of firearms (a) Importation Section 922(l) of title 18, United States Code, is amended by striking “925(d) of this chapter” and inserting “925”. (b) Exceptions Section 925 of such title is amended— (1) in subsection (a)— (A) in paragraph (3), by striking determined by the Attorney General to be generally recognized as particularly suitable for sporting purposes and ; and (B) in paragraph (4), by striking (A) determined by the Attorney General to be generally recognized as particularly suitable for sporting purposes, or determined by the Department of Defense to be a type of firearm normally classified as a war souvenir, and (B) ; and (2) by striking subsections (d) through (f) and inserting the following: (d) (1) Within 30 days after the Attorney General receives an application therefor, the Attorney General shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if— (A) the firearm or ammunition is being imported or brought in for scientific or research purposes; (B) the firearm is an unserviceable firearm, other than a machinegun as defined in section 5845(b) of the Internal Revenue Code of 1986 (not readily restorable to firing condition), imported or brought in as a curio or museum piece; (C) the firearm is not a firearm (as defined in section 5845(a) of such Code); (D) the ammunition is not armor piercing ammunition (as defined in section 921(a)(17)(B) of this title), incendiary ammunition, or tracer ammunition; or (E) the firearm or ammunition was previously taken out of the United States or a possession by the person who is bringing in the firearm or ammunition. (2) Within 30 days after the Attorney General receives an application therefor, the Attorney General shall permit the conditional importation or bringing in of a firearm or ammunition for examination and testing in connection with the making of a determination as to whether the importation or bringing in of the firearm or ammunition will be allowed under this subsection. (3) The Attorney General shall not authorize, under subsection (d), the importation of any firearm the importation of which is prohibited by section 922(p). . (c) Domestic manufacture Section 922 of such title is amended by striking subsection (r). 4. Applicability The amendments made by this Act shall apply to applications pending on or after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4135ih/xml/BILLS-113hr4135ih.xml
113-hr-4136
I 113th CONGRESS 2d Session H. R. 4136 IN THE HOUSE OF REPRESENTATIVES February 28, 2014 Mr. Van Hollen (for himself, Mr. McKinley , Mr. Walz , Mr. Gibson , Mr. Huffman , and Mr. Reichert ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part. 1. Short title This Act may be cited as the IDEA Full Funding Act . 2. Amendment to IDEA Section 611(i) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411(i) ) is amended to read as follows: (i) Funding (1) In general For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated— (A) $12,906,093,000 or 16.8 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2015, and there are hereby appropriated $1,433,245,000 or 1.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2015, which shall become available for obligation on July 1, 2015, and shall remain available through September 30, 2016; (B) 14,518,385,000 or 18.6 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2016, and there are hereby appropriated $3,045,437,000 or 3.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2016, which shall become available for obligation on July 1, 2016, and shall remain available through September 30, 2017; (C) $16,332,093,000 or 20.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2017, and there are hereby appropriated $4,859,245,000 or 5.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2017, which shall become available for obligation on July 1, 2017, and shall remain available through September 30, 2018; (D) $18,372,379,000 or 22.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2018, and there are hereby appropriated $6,899,531,000 or 7.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2018, which shall become available for obligation on July 1, 2018, and shall remain available through September 30, 2019; (E) 20,667,547,000 or 24.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2019, and there are hereby appropriated $9,194,699,000 or 9.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2019, which shall become available for obligation on July 1, 2019, and shall remain available through September 30, 2020; (F) $23,249,438,000 or 27.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2020, and there are hereby appropriated $11,776,590,000 or 11.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2020, which shall become available for obligation on July 1, 2020, and shall remain available through September 30, 2021; (G) $26,153,872,000 or 30 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2021, and there are hereby appropriated $14,681,024,000 or 14.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2021, which shall become available for obligation on July 1, 2021, and shall remain available through September 30, 2022; (H) $29,421,143,000 or 33 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, and there are hereby appropriated $17,948,295,000 or 17.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, which shall become available for obligation on July 1, 2022, and shall remain available through September 30, 2023; (I) $33,096,577,000 or 36.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, and there are hereby appropriated $21,623,729,000 or 21 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, which shall become available for obligation on July 1, 2023, and shall remain available through September 30, 2024; and (J) $37,231,164,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024 and each subsequent fiscal year, and there are hereby appropriated $37,231,164,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024 and each subsequent fiscal year, which— (i) shall become available for obligation with respect to fiscal year 2024 on July 1, 2024, and shall remain available through September 30, 2025; and (ii) shall become available for obligation with respect to each subsequent fiscal year on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year. (2) Amount With respect to each subparagraph of paragraph (1), the amount determined under this paragraph is the product of— (A) the total number of children with disabilities in all States who— (i) received special education and related services during the last school year that concluded before the first day of the fiscal year for which the determination is made; and (ii) were aged— (I) 3 through 5 (with respect to the States that were eligible for grants under section 619); and (II) 6 through 21; and (B) the average per-pupil expenditure in public elementary schools and secondary schools in the United States. . 3. Offsets The amounts appropriated in 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)), as amended by section 2 of this Act, shall be expended consistent with pay-as-you-go requirements.
https://www.govinfo.gov/content/pkg/BILLS-113hr4136ih/xml/BILLS-113hr4136ih.xml
113-hr-4137
I 113th CONGRESS 2d Session H. R. 4137 IN THE HOUSE OF REPRESENTATIVES March 4, 2014 Mr. Reichert (for himself, Mr. Gardner , Mr. Tipton , Mr. Lamborn , Mr. Coffman , Mr. Kelly of Pennsylvania , Mr. Griffin of Arkansas , Mr. Gosar , Mrs. Black , Mr. Young of Indiana , Mr. Smith of Nebraska , and Mr. Reed ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prohibit assistance provided under the program of block grants to States for temporary assistance for needy families from being accessed through the use of an electronic benefit transfer card at any store that offers marijuana for sale. 1. Short title This Act may be cited as the Preserving Welfare for Needs Not Weed Act . 2. Prohibition on use of electronic benefit transfer card to access TANF assistance at any store that offers marijuana for sale (a) Prohibition Section 408(a)(12)(A) of the Social Security Act ( 42 U.S.C. 608(a)(12)(A) ) is amended— (1) by striking or at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ; or ; and (3) by adding at the end the following: (iv) any establishment that offers marihuana (as defined in section 102(16) of the Controlled Substances Act) for sale. . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 2 years after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4137ih/xml/BILLS-113hr4137ih.xml
113-hr-4138
IB 113th CONGRESS 2d Session H. R. 4138 IN THE HOUSE OF REPRESENTATIVES AN ACT To protect the separation of powers in the Constitution of the United States by ensuring that the President takes care that the laws be faithfully executed, and for other purposes. 1. Short title This Act may be cited as the Executive Needs to Faithfully Observe and Respect Congressional Enactments of the Law Act of 2014 or the ENFORCE the Law Act of 2014 . 2. Authorization to bring civil action for violation of the take care clause (a) In general Upon the adoption of a resolution of a House of Congress declaring that the President, the head of any department or agency of the United States, or any other officer or employee of the United States has established or implemented a formal or informal policy, practice, or procedure to refrain from enforcing, applying, following, or administering any provision of a Federal statute, rule, regulation, program, policy, or other law in violation of the requirement that the President take care that the laws be faithfully executed under Article II, section 3, clause 5, of the Constitution of the United States, that House is authorized to bring a civil action in accordance with subsection (c), and to seek relief pursuant to sections 2201 and 2202 of title 28, United States Code. A civil action brought pursuant to this subsection may be brought by a single House or both Houses of Congress jointly, if both Houses have adopted such a resolution. (b) Resolution described For the purposes of subsection (a), the term resolution means only a resolution— (1) the title of which is as follows: Relating to the application of Article II, section 3, clause 5, of the Constitution of the United States. ; (2) which does not have a preamble; and (3) the matter after the resolving clause which is as follows: That _______ has failed to meet the requirement of Article II, section 3, clause 5, of the Constitution of the United States to take care that a law be faithfully executed, with respect to _________. (the blank spaces being appropriately filled in with the President or the person on behalf of the President, and the administrative action in question described in subsection (a), respectively). (c) Special rules If the House of Representatives or the Senate brings a civil action pursuant to subsection (a), the following rules shall apply: (1) The action shall be filed in a United States district court of competent jurisdiction and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (2) A final decision in the action 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. (3) It shall be the duty of the United States district courts and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any such action and appeal. 3. Report Not later than the last day of the first fiscal year quarter that begins after the date of the enactment of this Act, and quarterly thereafter, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, a report on the costs of any civil action brought pursuant to this Act, including any attorney fees of any attorney that has been hired to provide legal services in connection with a civil action brought pursuant to this Act. Passed the House of Representatives March 12, 2014. Karen L. Haas, Clerk.
https://www.govinfo.gov/content/pkg/BILLS-113hr4138eh/xml/BILLS-113hr4138eh.xml
113-hr-4139
I 113th CONGRESS 2d Session H. R. 4139 IN THE HOUSE OF REPRESENTATIVES March 4, 2014 Mr. Turner (for himself, Mr. Shimkus , Mr. McClintock , Mr. Olson , Mr. Ryan of Ohio , Mr. Bishop of Utah , Mr. Womack , Mr. Westmoreland , Ms. Jenkins , Mr. Brooks of Alabama , Mr. Rogers of Michigan , Mr. Gerlach , Mr. Lucas , Mr. Sensenbrenner , Mr. King of New York , Mr. Young of Alaska , Mr. Thompson of Pennsylvania , Mr. Bilirakis , Mr. Wilson of South Carolina , Mr. Dent , Mr. Lamborn , Mr. Marino , Mr. Pearce , Mr. Stivers , Mr. Murphy of Pennsylvania , Mr. Kelly of Pennsylvania , Mr. Broun of Georgia , and Mr. Reichert ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To promote United States economic growth and job creation and strengthen strategic partnerships with United States allies, and for other purposes. 1. Short title This Act may be cited as the American Job Creation and Strategic Alliances LNG Act . 2. Expedited approval of exportation of natural gas to World Trade Organization countries Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) is amended— (1) by inserting (1) before For purposes ; (2) by inserting or to a World Trade Organization country after trade in natural gas ; and (3) by adding at the end the following: (2) For purposes of this subsection, the term World Trade Organization country means a country described in section 2(10) of the Uruguay Round Agreements Act (19 U.S.C. 3501(10)). . 3. Effective date The amendments made by section 2 shall apply with respect to applications for the authorization to export natural gas under section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) that are pending on, or filed on or after, the date of enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4139ih/xml/BILLS-113hr4139ih.xml
113-hr-4140
I 113th CONGRESS 2d Session H. R. 4140 IN THE HOUSE OF REPRESENTATIVES March 4, 2014 Mrs. Negrete McLeod (for herself and Ms. Brownley of California ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide per diem payments to eligible entities for furnishing care to dependents of certain homeless veterans, and for other purposes. 1. Short title This Act may be cited as the Homeless Veterans with Children Act of 2014 . 2. Authorization of per diem payments for furnishing care to dependents of certain homeless veterans Subsection (a) of section 2012 of title 38, United States Code, is amended by adding at the end the following new paragraph: (4) The Secretary may also provide per diem payments under this subsection to a grant recipient or eligible entity to furnish care for a dependent of a homeless veteran who is under the care of such homeless veteran while such homeless veteran receives services from the grant recipient or eligible entity. . 3. Improvements to grant program for comprehensive service programs for homeless veterans (a) Modification of authority To provide capital improvement grants for programs that assist homeless veterans Subsection (a) of section 2011 of title 38, United States Code, is amended, in the matter before paragraph (1)— (1) by striking or modifying and inserting , modifying, or maintaining ; and (2) by inserting privately, safely, and securely, before the following . (b) Requirement that recipients of grants meet physical privacy, safety, and security needs of homeless veterans Subsection (f) of such section is amended by adding at the end the following new paragraph: (6) To meet the physical privacy, safety, and security needs of homeless veterans receiving services through the project. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4140ih/xml/BILLS-113hr4140ih.xml
113-hr-4141
I 113th CONGRESS 2d Session H. R. 4141 IN THE HOUSE OF REPRESENTATIVES March 4, 2014 Mr. Crenshaw (for himself, Ms. Brown of Florida , Mr. DeSantis , Mr. Yoho , and Mr. Mica ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to enter into enhanced-use leases for excess property of the National Cemetery Administration that is unsuitable for burial purposes. 1. Authority of Secretary of Veterans Affairs to enter into enhanced-use leases for excess property of the National Cemetery Administration that is unsuitable for burial purposes (a) In general Section 8162(a)(2) of title 38, United States Code, is amended— (1) by striking only for the provision and all that follows through the period at the end and inserting only if the lease is not inconsistent with and will not adversely affect the mission of the Department for— ; and (2) by adding at the end the following new subparagraphs: (A) the provision of supportive housing; or (B) other purposes, only in the case of excess property of the National Cemetery Administration that is unsuitable for burial purposes. . (b) Effective date The amendments made by subsection (a) shall apply with respect to a lease entered into after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4141ih/xml/BILLS-113hr4141ih.xml
113-hr-4142
I 113th CONGRESS 2d Session H. R. 4142 IN THE HOUSE OF REPRESENTATIVES March 4, 2014 Mr. Gosar (for himself, Mr. Franks of Arizona , Mrs. Kirkpatrick , Mr. Jones , Mr. LaMalfa , and Mr. Duncan of Tennessee ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Agriculture , 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 Food and Nutrition Act of 2008 to prohibit the use of benefits to purchase marijuana products, to amend part A of title IV of the Social Security Act to prohibit assistance provided under the program of block grants to States for temporary assistance for needy families from being accessed through the use of an electronic benefit transfer card at any store that offers marijuana for sale, and for other purposes. 1. Short title This Act may be cited as the No Welfare for Weed Act of 2014 . 2. Amendment to Food and Nutrition Act of 2008 Section 3(k) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(k) ) is amended by inserting , marijuana products, after tobacco, . 3. Prohibition on use of electronic benefit transfer card to access TANF assistance at any store that offers marijuana for sale Section 408(a)(12)(A) of the Social Security Act ( 42 U.S.C. 608(a)(12)(A) ) is amended— (1) by striking or at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ; or ; and (3) by adding at the end the following: (iv) any establishment that offers marihuana (as defined in section 102(16) of the Controlled Substances Act) for sale. . 4. Effective date This Act and the amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4142ih/xml/BILLS-113hr4142ih.xml
113-hr-4143
I 113th CONGRESS 2d Session H. R. 4143 IN THE HOUSE OF REPRESENTATIVES March 4, 2014 Ms. Granger (for herself, Ms. Bass , Mrs. Bachmann , Mr. Diaz-Balart , Mr. Franks of Arizona , Mr. Olson , Mr. Sensenbrenner , Mr. Wolf , Ms. Eddie Bernice Johnson of Texas , Mr. Cooper , Mr. Langevin , Mr. Huizenga of Michigan , Mr. Carson of Indiana , Mr. Conaway , Mr. Schiff , Mr. Richmond , Mr. Takano , Mr. Bishop of New York , Ms. Schwartz , Mr. Braley of Iowa , Mr. Doggett , Mrs. Capito , Mrs. Brooks of Indiana , Mr. Israel , Mr. Rokita , Mr. Cohen , Ms. Jackson Lee , Ms. Bonamici , Mr. McGovern , Mr. Nunnelee , Ms. Kuster , Mr. Forbes , and Mr. Murphy of Florida ) introduced the following bill; which was referred to the Committee on Foreign Affairs , 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 realign structures and reallocate resources in the Federal Government, in keeping with the core American belief that families are the best protection for children and the bedrock of any society, to bolster United States diplomacy and assistance targeted at ensuring that every child can grow up in a permanent, safe, nurturing, and loving family, and to strengthen intercountry adoption to the United States and around the world and ensure that it becomes a viable and fully developed option for providing families for children in need, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Children in Families First Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes. Sec. 3. Definitions. Title I—Realignment of certain international child welfare responsibilities and functions Sec. 101. Establishment of Bureau of Vulnerable Children and Family Security in the Department of State. Sec. 102. Responsibilities of U.S. Citizenship and Immigration Services for accreditation of adoption service providers. Sec. 103. Transfer of functions and savings provisions. Sec. 104. Responsibilities of U.S. Citizenship and Immigration Services for adoption-related case processing. Title II—Annual reporting Sec. 201. Annual report on children living without families. Sec. 202. Country reports regarding severe forms of trafficking. Title III—Promotion of a comprehensive approach for children in adversity Sec. 301. Establishment of a USAID Center for Excellence for Children in Adversity. Title IV—Funding and effective dates Sec. 401. Funding. Sec. 402. Effective dates. 2. Findings; purposes (a) Findings Congress makes the following findings: (1) The people of the United States recognize and believe that children must grow up in permanent, safe, and nurturing families in order to develop and thrive. (2) Science now proves conclusively that children suffer immediate, lasting, and in many cases irreversible damage from time spent living in institutions or outside of families, including reduced brain activity, reduced IQ, smaller brain size, and inability to form emotional bonds with others. (3) Governments in other countries seek models that promote the placement of children who are living outside family care in permanent, safe, and nurturing families, rather than in foster care or institutions, but many governments lack the resources or infrastructure to adequately address this need. (4) Despite the good efforts of countless governments and nongovernmental organizations, millions of children remain uncounted and outside of the protection, nurturing care, permanence, safety, and love of a family. Without the care of a family, these children are forced to live on the streets, in institutions, in paid foster care, in child-headed households, in group homes, or as household servants. (5) No reliable data currently exists to define and document the number and needs of children in the world currently living without families, but available evidence demonstrates that there are millions of children in this situation needing immediate help. (6) The December 2012 Action Plan for Children in Adversity commits the United States Government to achieving a world in which all children grow up within protective family care and free from deprivation, exploitation, and danger. To effectively and efficiently accomplish this goal, it is necessary to realign the United States Government’s current operational system for assisting orphans and vulnerable children, and processing intercountry adoptions. (7) All options for providing appropriate, protective, and permanent family care to children living without families must be considered concurrently and permanent solutions must be put in place as quickly as possible. Solutions include family preservation and reunification, kinship care, guardianship, domestic and intercountry adoption, and other culturally acceptable forms of care that will result in appropriate, protective, and permanent family care. Preference should be given to options that optimize child best interests, which generally means options which provide children with fully protected legal status and parents with full legal status as parents, including full parental rights and responsibilities. The principle of subsidiarity, which gives preference to in-country solutions, should be implemented within the context of a concurrent planning strategy, exploring in- and out-of-country options simultaneously. If an in-country placement serving the child’s best interest and providing appropriate, protective, and permanent care is not quickly available, and such an international home is available, the child should be placed in that international home without delay. (8) Significant resources are already dedicated to international assistance for orphans and vulnerable children, and a relatively small portion of these resources can be reallocated to achieve more timely, effective, nurturing, and permanent familial solutions for children living without families, resulting in fewer children worldwide living in institutions or on the streets, more families preserved or reunified, and increased domestic and international adoptions. (b) Purposes The purposes of this Act are— (1) to support the core American value that families are the bedrock of any society; (2) to protect the fundamental human right of all children to grow up within the loving care of permanent, safe, and nurturing families; (3) to address a critical gap in United States foreign policy implementation by adjusting the Federal Government’s international policy and operational structures so that seeking permanent families for children living without families receives more prominence, focus, and resources (through the reallocation of existing personnel and resources); (4) to harness the diplomatic and operational power of the United States Government in the international sphere by helping to identify and implement timely, permanent, safe, and nurturing familial solutions for children living without families, including refugee or stateless children; (5) to ensure that intercountry adoption by United States citizens becomes a viable and fully developed option for creating permanent families for children who need them; (6) to protect against abuses of children, birth families, and adoptive parents involved in intercountry adoptions, and to ensure that such adoptions are in the individual child’s best interests; and (7) to harmonize and strengthen existing intercountry adoption processes under United States law— (A) by ensuring that the same set of procedures and criteria govern suitability and eligibility determinations for prospective adoptive parents seeking to complete intercountry adoptions, whether or not the child is from a foreign state that is a party to the Hague Adoption Convention; and (B) by aligning the definitions of eligible child for Convention adoptions and non-Convention adoptions to the maximum extent possible. 3. Definitions In this Act: (1) Action plan for children in adversity The term Action Plan for Children in Adversity means the policy document entitled United States Government Action Plan on Children in Adversity: A Framework for International Assistance: 2012–2017 , released on December 19, 2012. (2) Appropriate, protective, and permanent family care The term appropriate, protective, and permanent family care means a nurturing, lifelong, commitment to a child by an adult, or adults with parental roles and responsibilities that— (A) provides physical and emotional support; (B) provides the child with a sense of belonging; and (C) generally involves full legal recognition of the child’s status as child of the parents and of the parents’ rights and responsibilities regarding the child. (3) Central authority The term central authority has the meaning given the term in section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14902). (4) Children in adversity The term children in adversity means children living inside or outside of family care who are deprived, excluded, vulnerable, or at risk for violence, abuse, exploitation, or neglect. (5) Convention adoption The term Convention adoption has the meaning given the term in section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14902). (6) Convention country The term Convention country has the meaning given the term in section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14902) and for which the Hague Adoption Convention has entered into force. (7) Guardianship The term guardianship means a permanent legal relationship between an adult and a child, whereby the adult is lawfully invested with the power, and charged with the duty, of taking care of the child. While some forms of guardianship are not truly permanent, the form of guardianship referred to and supported under this Act is permanent guardianship. A Kefala order issued by a country that follows traditional Islamic law does not qualify as an adoption under United States law, but may be a form of guardianship in some circumstances. (8) Habitual residence determination The term habitual residence determination means a factual determination of where a prospective adoptive parent (or parents) resides and where the child resides for purposes of an intercountry adoption case. (9) Hague adoption convention The term Hague Adoption Convention means the Convention of Protection of Children and Cooperation in Respect of Intercountry Adoption, concluded at The Hague May 29, 1993. (10) Kinship care The term kinship care means the full time care, nurturing, and protection of children by relatives, members of their tribes or clans, godparents, stepparents, or any adult who has a kinship bond with a child, so long as those persons have the capacity and commitment to function as true parents for the child on a permanent basis. It does not include paid kinship foster care. (11) Non-convention adoption The term non-Convention adoption means— (A) an adoption by United States parents of a child from a non-Convention country in accordance with subparagraph (F) of section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ); (B) an adoption by United States parents of a child under the laws of the child’s country of origin (generally when the parents are living in the child’s country of origin and therefore able legally to complete a domestic adoption); or (C) in certain circumstances (generally with respect to relative adoptions or adoptions by dual national parents), an adoption by United States parents of a child from a Convention country if that country allows legal and valid adoptions to take place outside the scope of the Convention. (12) Non-convention country The term non-Convention country means a country in which the Hague Adoption Convention has not entered into force, regardless of whether or not that country has signed the Convention. (13) Unparented children The term unparented children means children lacking the legal, permanent, safe, and nurturing care of a parental figure or figures, either inside their country of origin, in the country of their habitual residence, or elsewhere, regardless of their lawful or unlawful immigration status in their current country of residence. (14) Vulnerable children The term vulnerable children , consistent with the United States Agency for International Development's definition, means children and youth who are under 18 years whose safety, well-being, growth, and development are at significant risk due to inadequate care, protection, or access to essential services. I Realignment of certain international child welfare responsibilities and functions 101. Establishment of Bureau of Vulnerable Children and Family Security in the Department of State (a) Establishment There is established within the Department of State the Bureau of Vulnerable Children and Family Security (referred to in this Act as the VCFS ), which shall be located in the Secretariat for Civilian Security, Democracy and Human Rights and shall promote and support the following activities: (1) The development and implementation in foreign countries of child welfare laws, regulations, policies, best practices, and procedures in keeping with the goals articulated in the Action Plan for Children in Adversity, including— (A) the sound development of children through the integration of health, nutrition, and family support; (B) supporting and enabling families to care for children through family preservation, reunification, and support of kinship care, guardianship, and domestic and intercountry adoption; and (C) facilitating the efforts of national governments and partners to prevent, respond to, and protect children from violence, exploitation, abuse, and neglect. (2) Addressing the gap in United States Government diplomacy, policy, and operations with respect to promoting appropriate, protective, and permanent family care for children living without families by establishing within the VCFS a Senior Coordinator for Permanence, who— (A) shall occupy at least a Deputy Assistant Secretary-level position in the VCFS; and (B) shall lead the development and implementation of policies that will ensure the timely provision of appropriate, protective, and permanent family care for children living without families, including refugee and stateless children, through the full continuum of permanence solutions, including family preservation and reunification, kinship care, guardianship, and domestic and intercountry adoption. (b) Assistant Secretary (1) Appointment The VCFS shall be headed by an Assistant Secretary, who shall be appointed by the President by and with the consent of the Senate. (2) Qualifications The Assistant Secretary shall— (A) have experience in the development of policies and systems and the implementation of programs that promote the goals of the Action Plan for Children in Adversity; (B) be knowledgeable of international child welfare, family permanence, and family creation through domestic and intercountry adoption; and (C) be committed to developing an integrated United States Government approach to international child welfare that places equal emphasis on— (i) early childhood survival and development; (ii) family permanence; and (iii) protection from abuse and exploitation. (3) Authority The Assistant Secretary shall report to the Under Secretary for Civilian Security, Democracy and Human Rights. (4) Increase in authorized assistant secretary positions (A) Amendment to State Department Basic Authorities Act of 1956 Section 1(c)(1) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(c)(1) ) is amended by striking not more than 24 Assistant Secretaries and inserting not more than 25 Assistant Secretaries . (B) Amendment to title 5, United States Code Section 5315 of title 5, United States Code, is amended by striking Assistant Secretaries of State (24) and inserting Assistant Secretaries of State (25) . (c) Functions (1) Advisory The Assistant Secretary shall serve as a primary advisor to the Secretary of State and the President in all matters related to vulnerable children and family security in foreign countries. (2) Diplomatic representation Subject to the direction of the President and the Secretary of State, and in consultation and coordination with the Senior Coordinator for Children in Adversity of the United States Agency for International Development, and the Secretary of Homeland Security, the Assistant Secretary shall represent the United States in matters relevant to international child welfare, family preservation and reunification, and provision of permanent, safe parental care through kinship, domestic and intercountry adoption in— (A) contacts with foreign governments, nongovernmental organizations, intergovernmental agencies, and specialized agencies of the United Nations and other international organizations of which the United States is a member; (B) multilateral conferences and meetings relevant to family preservation, reunification, and creating appropriate, protective, and permanent care for unparented children; and (C) fulfillment of the diplomatic responsibilities designated to the central authority under title I of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14911 et seq. ), as amended by this Act. (3) Policy development with respect to permanence for unparented children (A) In general The Assistant Secretary shall— (i) develop and advocate for policies and practices to ensure that children in foreign countries who are living without families find appropriate, protective, and permanent family care which is in the best interest of each child; (ii) give consideration to family preservation and reunification, kinship care, guardianship, and domestic and intercountry adoption; and (iii) seek to develop and implement policies that lead to the use of all options for providing appropriate, protective, and permanent family care to children living without families as quickly as possible. (B) Best interest determination In carrying out subparagraph (A), the Assistant Secretary shall give preference to options that optimize the best interests of children, including options which provide children with fully protected legal status as children and parents with full legal status as parents, including full parental rights and responsibilities. (C) Subsidiarity The principle of subsidiarity, which gives preference to in-country solutions, should be implemented within the context of a concurrent planning strategy, exploring in- and out-of-country options simultaneously. If an in-country placement serving the child’s best interests and providing appropriate, protective, and permanent care is not quickly available, and such an international home is available, the child should be placed in that international home without delay. (D) Best practices In developing policies and programs under this Act, the Assistant Secretary shall identify and utilize evidence-based programs and best practices in family preservation and reunification and provision of permanent parental care through guardianship, kinship care, and domestic and intercountry adoption as derived from a wide variety of domestic, foreign, and global policies and practices. (E) Technical assistance The Assistant Secretary, in consultation with other appropriate Federal agencies, shall provide technical assistance to governments of foreign countries to help build their child welfare capacities and to strengthen appropriate family preservation and reunification and the provision of appropriate, protective, and permanent family care through kinship care, guardianship, and domestic and intercountry adoption, including assistance with— (i) the drafting, disseminating, and implementing of legislation; (ii) the development of implementing systems and procedures; (iii) the establishment of public, private, and faith- and community-based partnerships; (iv) the development of workforce training for governmental and nongovernmental staff; and (v) infrastructure development and data collection techniques necessary to identify and document the number and needs of children living without appropriate, protective, and permanent family care. (4) Responsibilities with respect to intercountry adoption (A) In general The VCFS, in coordination with other offices of the Department of State and U.S. Citizenship and Immigration Services, shall have lead responsibility for representing the United States Government in discussions, negotiations, and diplomatic contacts pertaining to intercountry adoptions. (B) Central authority responsibility under the intercountry adoption act of 2000 Section 101(b)(2) of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14911(b)(2) ) is amended by striking Office of Children's Issues and inserting Bureau of Vulnerable Children and Family Security . (C) Determinations of Hague adoption convention compliance The VCFS, in consultation with other offices of the Department of State, and the Department of Homeland Security, shall have lead responsibility for determining whether a Convention partner country has met its obligations under the Hague Adoption Convention and is eligible to participate in intercountry adoptions in accordance with United States law. Such determinations shall be documented in writing, based on standardized criteria, and available for public review and comment. (D) Negotiation of bilateral agreements The VCFS, in consultation with the Secretary of Homeland Security, shall have lead responsibility for the negotiation of bilateral agreements with other countries pertaining to intercountry adoption and in conformity with the provisions of the Hague Adoption Convention when the other country is a Convention partner. (5) Policy coordination The Assistant Secretary shall coordinate with the Secretary of Homeland Security and the Administrator of the United States Agency for International Development to maintain consistency in United States foreign and domestic policy and operations with respect to children living outside family care in foreign countries, particularly those living without families. (6) Information coordination The Assistant Secretary shall transmit— (A) any intercountry adoption related case information received from the Central Authority of another Convention country to the Secretary of Homeland Security; and (B) any intercountry adoption related case information that the Secretary of Homeland Security requests to the Central Authority of another Convention country. 102. Responsibilities of U.S. Citizenship and Immigration Services for accreditation of adoption service providers (a) General responsibilities under the Intercountry Adoption Act of 2000 (1) In general The Intercountry Adoption Act of 2000 ( Public Law 106–279 ; 114 Stat. 825) is amended by inserting after section 103 ( 42 U.S.C. 14913 ) the following: 103A. Responsibilities of the Department of Homeland Security (a) Accreditation and approval responsibilities The Secretary of Homeland Security, working through the Director of U.S. Citizenship and Immigration Services, shall carry out the functions prescribed by the Convention with respect to the accreditation of agencies and the approval of persons to provide adoption services in the United States in cases subject to the Convention as provided in title II. Such functions may not be delegated to any other Federal agency. (b) Investigations The Secretary of Homeland Security shall be responsible for managing and overseeing investigations related to the operation and services of adoption service providers, whether directly or indirectly. (c) Liaison with foreign governments on post-Placement reports and certain adoption cases The Secretary of Homeland Security shall serve as the liaison with foreign governments with respect to queries about required post-placement reports and about specific intercountry adoption cases once the adopted children are living in the United States, including queries about the status of adopted children who are living in the United States in cases involving allegations of abuse, neglect, abandonment, or death. . (2) Clerical amendment Section 1 of such Act is amended by inserting after the item relating to section 103 the following: Sec. 103A. Responsibilities of the Department of Homeland Security. . (3) Conforming amendments Section 102 of such Act ( 42 U.S.C. 14912 ) is amended— (A) in subsection (a), by striking The Secretary and inserting Except as provided for under section 103A, the Secretary ; (B) in subsection (b), by inserting , in coordination with the Secretary of Homeland Security, after The Secretary ; (C) by striking subsection (c); (D) by redesignating subsections (d) and (f) as subsections (c) and (d), respectively; and (E) by striking subsection (e). (b) Accreditation responsibilities under the Intercountry Adoption Act of 2000 (1) Designation of accrediting agencies Section 202 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14922 ) is amended by inserting of Homeland Security after Secretary each place it appears. (2) Standards and procedures for providing accreditation or approval Section 203 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14923 ) is amended by inserting of Homeland Security after Secretary each place it appears in subsections (a) and (b). (3) Oversight of accreditation and approval Section 204 of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14924 ) is amended— (A) by inserting of Homeland Security after Secretary each place it appears; and (B) in subsection (c)— (i) in paragraph (1), by amending the paragraph heading to read as follows: (4) Authority of the secretary of homeland security ; and (ii) in paragraph (2), by striking Secretary's debarment order and inserting debarment order of the Secretary of Homeland Security . (4) Administrative provisions (A) Access to convention records Section 401(b) of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14941(b) ) is amended— (i) in paragraph (1), by inserting , the Director of U.S. Citizenship and Immigration Services, after Secretary ; and (ii) in paragraph (2), by inserting the Director of U.S. Citizenship and Immigration Services, after Secretary, . (B) Assessment of fees Section 403(b) of the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14943(b) ) is amended— (i) in paragraph (1)— (I) by inserting or the Director of U.S. Citizenship and Immigration Services after Secretary ; and (II) by inserting or U.S. Citizenship and Immigration Services, respectively, after Department of State ; and (ii) in paragraph (2), by inserting or U.S. Citizenship and Immigration Services appropriation, as the case may be, after Department of State appropriation . (c) Intercountry adoption functions of U.S. Citizenship and Immigration Services (1) Definitions In this subsection and in section 103: (A) Adoption service The term adoption service has the meaning given the term in section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14902). (B) Associate director The term Associate Director means the Associate Director of the Directorate. (C) Directorate Except as otherwise provided in this subsection, the term Directorate means the Field Operations Directorate of U.S. Citizenship and Immigration Services. (2) Intercountry adoption functions The Associate Director shall carry out— (A) the functions described in section 103A(a) of the Intercountry Adoption Act of 2000, relating to accreditation of agencies and approval of persons to provide adoption services; (B) the functions described in section 103A(b) of such Act, relating to management and oversight of investigations related to the operation of such providers; and (C) the functions described in section 103A(c) of such Act, relating to liaison responsibilities regarding post-placement reports and certain adoption cases. (3) Informational responsibilities (A) Database on adoption service providers (i) In general The Associate Director shall establish and operate, in conjunction with the Secretary of State, a publicly accessible database of adoption service providers. (ii) Agreement The Associate Director, the Director, and the Secretary of State shall enter into an agreement under which the Director and the Secretary shall provide, for the database, data on intercountry adoption cases relating to adoption service providers. (iii) Contents The database shall include, with respect to each accredited agency and approved person, who is an adoption service provider individually, and to the aggregate of all adoption service providers— (I) information identifying such a provider; (II) information on the accreditation status of an agency, or the approval status of a person, as an adoption service provider; (III) information on the number of applications or petitions filed respecting adoption and the numbers of approvals and denials of the applications or petitions; (IV) the number of substantiated grievances filed with respect to an adoption service provider; and (V) a description of any sanctions an adoption service provider, or corrective actions that the provider is required to take to maintain accreditation or approval described in subclause (II). (B) Database on internationally adopted children (i) In general The Associate Director, in conjunction with the Secretary of State, shall establish and operate a database containing data respecting children involved in intercountry adoption cases who have immigrated to the United States. (ii) Information tracking Although the data available for adoptions finalized before the date of the enactment of this Act will likely be incomplete, the Associate Director should seek to import available data on all adoptions involving children who are younger than 18 years of age on the date of the enactment of this Act. In operating the database established under clause (i), the Associate Director shall track information about each such child before attaining United States citizenship, including— (I) information identifying a child and the adoptive or prospective adoptive parents, including— (aa) the full name of the child in the country of origin and the full name of the child after the adoption is finalized; (bb) the gender, date of birth, nationality, and citizenship of the child; (cc) the physical address of the child at the time of the adoption; the type of visa issued to the child; and (dd) the date on which the child entered the United States; (II) information on the particular adoption service provider, if any, providing services in the particular case; and (III) information on immigration or citizenship status of the child. (iii) Interagency agreement The Associate Director, the Director, and the Secretary of State shall enter into an agreement under which the Secretary of State shall provide, for the database, data on intercountry adoption cases concerning the adopted children, and the adoption service providers. 103. Transfer of functions and savings provisions (a) Definitions In this section, unless otherwise provided or contextually indicated— (1) the term Federal agency has the meaning given to the term agency under section 551(1) of title 5, United States Code; (2) the term function means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (3) the term office includes any office, administration, agency, institute, unit, organizational entity, or component thereof. (b) Transfer of functions There are transferred to the Directorate, all functions described in section 103A(a) of the Intercountry Adoption Act of 2000, as added by section 102(a) of this Act, which were exercised by the Secretary of State before the date of the enactment of this Act (including all related functions of any officer or employee of the Department of State), including functions relating to— (1) the accreditation of agencies and approval of persons to provide adoption services; (2) the management and oversight of investigations related to the operation of such providers; and (3) liaison responsibilities with respect to required post-placement reports. (c) Determinations of certain functions by the Office of Management and Budget If necessary, the Director of the Office of Management and Budget shall make any determination with respect to the transfer of functions under subsection (b). (d) Personnel provisions (1) Appointments The Associate Director may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under this section. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code. (2) Experts and consultants The Associate Director may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The Associate Director may pay experts and consultants who are serving away from their homes or regular place of business travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service employed intermittently. (e) Delegation and assignment Except where otherwise expressly prohibited by law or otherwise provided under this section— (1) the Associate Director may— (A) delegate any of the functions transferred to the Associate Director under this section and any function transferred or granted to the Associate Director after the date of the enactment of this Act to such officers and employees of the Directorate as the Associate Director may designate; and (B) authorize successive redelegations of such functions as may be necessary or appropriate; and (2) no delegation of functions by the Associate Director under this subsection or under any other provision of this section shall relieve such Associate Director of responsibility for the administration of such functions. (f) Reorganization The Associate Director is authorized— (1) to allocate or reallocate any function transferred under subsection (b) among the officers of the Directorate; and (2) to establish, consolidate, alter, or discontinue such organizational entities in the Directorate as may be necessary or appropriate. (g) Rules The Associate Director is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Associate Director determines necessary or appropriate to administer and manage the functions of the Directorate. (h) Transfer and allocations of appropriations and personnel Except as otherwise provided under this section and subject to section 1531 of title 31, United States Code, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred under subsection (b), shall be transferred to the Directorate. Unexpended funds transferred pursuant to this subsection may only be used for the purposes for which the funds were originally authorized and appropriated. (i) Incidental transfers The Director of the Office of Management and Budget— (1) may, at such time or times as the Director may prescribe— (A) make such determinations as may be necessary with regard to the functions transferred under subsection (b); and (B) make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this section; and (2) shall provide for— (A) the termination of the affairs of all entities terminated under this section; and (B) such further measures and dispositions as may be necessary to carry out the purposes of this section. (j) Effect on personnel (1) In general Except as otherwise provided under this section, the transfer under this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation during the 1-year period beginning on the date of such transfer. (2) Executive schedule positions Except as otherwise provided under this section, any person who, on the day preceding the date of the enactment of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Directorate to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. (3) Termination of certain positions All positions whose functions are transferred under subsection (b) and whose incumbents have been appointed by the President, by and with the advice and consent of the Senate, shall terminate on the date of the enactment of this Act. (k) Savings provisions (1) Continuing effect of legal documents All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions which— (A) have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this section; and (B) are in effect on the date of the enactment of this Act, or were final before such date of enactment and are to become effective on or after the date of the enactment of this Act, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Associate Director or other authorized official, a court of competent jurisdiction, or by operation of law. (2) Proceedings not affected Nothing in this section may be construed to affect any proceeding, including a notice of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Department of State on the effective date of this section, with respect to functions transferred under subsection (b). Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph may be construed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (3) Suits not affected Nothing in this section may be construed to affect suits commenced before the date of the enactment of this Act. In all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. (4) Nonabatement of actions No suit, action, or other proceeding commenced by or against the Department of State, or by or against any individual in the official capacity of such individual as an officer of the Department of State, shall abate by reason of the enactment of this section. (5) Administrative actions relating to promulgation of regulations Any administrative action relating to the preparation or promulgation of a regulation by the Department of State relating to a function transferred under subsection (b) may be continued by the Directorate with the same effect as if this section had not been enacted. (l) Separability If a provision of this section or its application to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected. (m) Transition The Associate Director is authorized to utilize— (1) the services of such officers, employees, and other personnel of the Department of State with respect to functions transferred to the Directorate by this section; and (2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section. (n) References Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to— (1) the Secretary of State with regard to functions transferred under subsection (b), shall be deemed to refer to the Associate Director; and (2) the Department of State with regard to functions transferred under subsection (b), shall be deemed to refer to the Directorate. (o) Additional conforming amendments (1) Recommended legislation After consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, the Associate Director shall prepare and submit to Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this section. (2) Submission to congress Not later than 180 days after the date of the enactment of this Act, the Associate Director shall submit the recommended legislation referred to under paragraph (1) to Congress. 104. Responsibilities of U.S. Citizenship and Immigration Services for adoption-related case processing (a) In general The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services— (1) shall be responsible for processing and case-specific decisionmaking on all intercountry adoption cases (up to the point of application for an immigrant visa on behalf of the adopted child), including cases being processed pursuant to the Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. ) and section 2 of the Intercountry Adoption Universal Accreditation Act of 2012 (42 U.S.C. 14925); (2) shall ensure that all intercountry adoption suitability and eligibility determinations of prospective adoptive parents required under subparagraph (F) or (G) of section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) are made in accordance with standard criteria that comply with the Hague Adoption Convention so that any such determination justifies a Convention adoption or a non-Convention adoption; (3) to the maximum extent possible, and to the extent permitted by the country in which the child resides, shall ensure that all non-Convention adoption cases undergo preprocessing, including— (A) the filing of a petition and the review of a child’s eligibility to immigrate to the United States before the adoption or grant of legal custody (for purposes of emigration and adoption in the United States) of that child is completed in the country of origin; and (B) the completion of all necessary and relevant investigations associated with the petition before the country of origin finalizes the adoption or grants legal custody for purposes of emigration and adoption in the United States; (4) except as provided in paragraph (5), shall be responsible for all case processing steps in Convention and non-Convention adoption petitions on behalf of children whom United States parents propose to immigrate to the United States (except for the processing of immigrant visas), including processing of all necessary Hague Adoption Convention certifications and the final adjudication of the immigration petitions; and (5) may delegate the responsibility for completing certain elements of case adjudication to the Secretary of State if the Department of Homeland Security— (A) cannot adequately complete such elements due to the need for physical presence in the country of origin or other processing-related circumstances; and (B) defines and monitors the parameters for the elements delegated to the Secretary of State and retains final decisionmaking authority. (b) Foreign adoption decrees (1) Convention countries The 2-year legal custody and joint residence requirements set forth in section 101(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1)(E) ) shall not apply if the documentation submitted on behalf of a child includes— (A) an adoption decree issued by a competent authority (as such term is used in the Hague Adoption Convention) of the child’s country of origin and evidence that the adoption was granted in compliance with the Hague Adoption Convention; or (B) a custody or guardianship decree issued by the competent authority of the child’s country of origin to the adoptive parents, and a final adoption decree, verifying that the adoption of the child was later finalized outside the United States by the adoptive parents, in addition to evidence that the custody or guardianship was granted in compliance with the Hague Adoption Convention. (2) Substantial compliance with Hague adoption convention Paragraph (1) shall not apply unless— (A) on the date on which the underlying adoption, custody, or guardianship decree was issued by the child’s country of origin— (i) that country’s adoption procedures complied with the requirements of the Hague Adoption Convention (as determined by the United States central authority); and (ii) the competent authority of the country of origin certified that the adoption is consistent with Article 23 of the Hague Adoption Convention; and (B) the adoption was a Convention adoption that was completed between 2 Convention countries other than the United States. (3) Non-convention countries The Secretary of Homeland Security may accept the filing of petitions on behalf of children living in non-Convention countries in the absence of a final adoption decree. (c) Cooperation with foreign governments The Secretary of Homeland Security may interact directly with the central authority of a Convention country or a competent authority of a non-Convention country, as appropriate— (1) to facilitate the processing of intercountry adoption cases, including making habitual residence determinations relevant to children and prospective adoptive parents in adoption proceedings; and (2) to negotiate, in coordination with the Department of State, and to implement bilateral agreements with respect to intercountry adoptions. (d) Amendments to the Intercountry Adoption Act of 2000 (1) Transfer of responsibilities to the Secretary of Homeland Security The Intercountry Adoption Act of 2000 ( 42 U.S.C. 14901 et seq. ) is amended— (A) by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; and (B) in the heading of section 103, by striking Attorney General and inserting Secretary of Homeland Security . (2) Hague convention certificates Section 301 of such Act ( 42 U.S.C. 14931 ) is amended— (A) in subsection (a)— (i) in the subsection heading, by striking Secretary of State and inserting Secretary of Homeland Security ; and (ii) in the heading to paragraph (1), by striking Secretary of State and inserting Secretary of Homeland Security ; and (B) by striking Secretary of State each place it appears and inserting Secretary of Homeland Security . (3) Clerical amendment The table of contents of such Act is amended by striking the item relating to section 103 and inserting the following: Sec. 103. Responsibilities of the Secretary of Homeland Security. . (e) Definition of child Section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) is amended— (1) in subparagraph (E)— (A) in clause (i), by striking (i) a child adopted while under the age of sixteen years and inserting a child adopted while younger than 18 years of age ; and (B) by striking clause (ii); (2) by amending subparagraph (F) to read as follows: (F) (i) a child, younger than 18 years of age at the time a petition is filed on the child's behalf to accord a classification as an immediate relative under section 201(b), and who has been adopted in a foreign state that is not a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague May 29, 1993, or who is emigrating from such a foreign state to be adopted in the United States by a United States citizen and spouse jointly, or by an unmarried United States citizen who is at least 25 years of age, if— (I) the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States; (II) the child’s natural parents (or parent, in the case of a child who has 1 sole or surviving parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child's emigration and adoption; (III) the child has a living parent or parents who has or have relinquished, or will relinquish, the child voluntarily for the purposes of intercountry adoption, and the parent or parents are incapable of providing proper care for the child; (IV) the Secretary of Homeland Security, after considering whether there is a petition pending to confer immigrant status on one or both natural parents, is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship, and the parent-child relationship of the child and the natural parents has been terminated; and (V) in the case of a child who has not been adopted— (aa) the competent authority of the foreign state has approved the child’s emigration to the United States for the purpose of adoption by the prospective adoptive parent or parents; and (bb) the prospective adoptive parent or parents has or have complied with any preadoption requirements of the child’s proposed residence; and (ii) except that no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; ; and (3) in subparagraph (G)— (A) in the matter preceding clause (i), by striking 16 and inserting 18 ; (B) in clause (i)— (i) in subclause (II), by striking because of the death or disappearance of, abandonment or desertion by, the other parent ; and (ii) in subclause (III), by striking two living natural parents, the natural parents are and inserting a living parent or parents, who have relinquished or will relinquish the child voluntarily for the purposes of intercountry adoption, the parent or parents are ; (C) in clause (ii), by striking ; or and inserting a period; and (D) by striking clause (iii). (f) Relative adoptions; waiver authority Section 502 of the Intercountry Adoption Act ( 42 U.S.C. 14952 ) is amended to read as follows: (a) Authority To establish alternative procedures for adoption of children by relatives Not later than 2 years after the date of the enactment of the Children in Families First Act of 2014 , the Secretary of Homeland Security shall establish, by regulation, alternative procedures for completing the intercountry adoption of children by United States citizens who are related to such children by blood, marriage, or adoption. (b) Waiver authority The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may waive, on a case-by-case basis, applicable requirements for meeting the definition of a child under subparagraph (E), (F), or (G) of section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)), or regulations issued with respect to such definitions, in the interests of justice or to prevent or respond to the threat of grave physical or emotional harm to the child if the petitioner establishes that— (1) the child substantially complies with the requirements under one of such subparagraphs; and (2) such a waiver would be in the child’s best interests. . (g) Determination of applicability of the Hague Adoption Convention in certain cases The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may determine, on a case-by-case basis, that a specific intercountry adoption case may proceed as a non-Convention adoption if— (1) the child’s country of origin or habitual residence is a Convention country; (2) the central authority of the child’s country of origin or habitual residence has issued, or will issue, an adoption decree which that country considers to be legal and valid under that country’s laws to the United States adoptive or prospective adoptive parents; and (3) the central authority of the child’s country of origin or habitual residence has informed the Secretary or the Director that it does not consider the specific case to fall within the scope of the Hague Adoption Convention. (h) Special use of parole authority (1) In general The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, may grant parole to a child if the Secretary or the Director determines that— (A) the child’s circumstances indicate that immediate unification with the parties seeking parole is in the child’s best interests; (B) waiting to complete other, more time consuming immigration processing could be significantly harmful to the child’s well-being; (C) the party or parties seeking parole on behalf of the child— (i) have a pre-existing legal relationship with the child, as evidenced by an adoption decree or a custody order; or (ii) demonstrate a pre-existing relationship with the child and an intent to establish a legal relationship with the child, which may be evidenced by— (I) a familial relationship with the child; (II) a close personal relationship with the child, such as— (aa) being matched with the child for an international adoption by an adoption service provider or the competent authority of the child’s country of origin; or (bb) documentation showing that the child’s parents, if deceased or otherwise incapacitated and unable to provide proper care for the child, intended for the parties seeking parole to take custody of the child; or (III) the filing of adoption-related applications or petitions related to the adoption of the child; and (D) the child will receive proper care in the United States by the party or parties who seek parole on behalf of the child, based on a review of the suitability of the party or parties, which may include background check or completion of a home study conducted by a competent authority. (2) Meeting the 2-year periods for the purposes of filing an immediate relative petition on behalf of an adopted child If a child is granted parole under paragraph (1), is subsequently adopted by the parties who sought parole, and such parties seek permanent immigration status for the child under section 101(b)(1)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(E))— (A) the 2-year period for legal custody of the child shall begin to accrue on the effective date of a grant of custody in the child’s country of origin or habitual residence or in the United States; (B) the 2-year period for physical custody of the child shall begin to accrue on the date on which the party or parties seeking parole for the child begin joint residence with the child, in the child’s country of origin or habitual residence or in the United States; and (C) the 2-year periods of joint residence and legal custody may accrue within or outside the United States. (i) Rulemaking The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of U.S. Citizenship and Immigration Services, shall issue regulations to carry out this section and the amendments made by this section. II Annual reporting 201. Annual report on children living without families (a) In general Not later than September 30, 2014, and annually thereafter, the Secretary of State, in consultation with the Director of the United States Agency for International Development and the Secretary of State, shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that— (1) identifies the number of children living without families; and (2) describes the degree to which the various family permanence solutions are being utilized. (b) Content The report required under subsection (a) shall include— (1) a description of the world’s unparented children, including— (A) a description and quantitative analysis of the world’s unparented children by country, identifying the nationality of the children physically present in each country and distinguishing among children who are citizens of the country, noncitizen children lawfully present in the country, and noncitizen children unlawfully in the country, irrespective of a child’s particular immigration status; and (B) available data about such children broken into detailed categories and including— (i) information on their nationality, age, gender, and status; (ii) whether they have a living parent or parents and the status of those parents; (iii) whether the unparented children are considered abandoned, separated, relinquished, or have some other status; (iv) whether they are institutionalized or homeless; (v) information on how they are documented, including through birth registries, orphanage registries, United Nations High Commissioner for Refugees registration, or identity cards; and (vi) an assessment of their living conditions based on indicators such as crude mortality rate, malnutrition rate, or other similar indicators; (2) a review of the previous fiscal year’s programming in support of appropriate, protective, and permanent family care solutions, including project descriptions for each project by country, goals of each project, amount awarded for each project, and evaluation of outcomes during the fiscal year; (3) an action plan covering proposed programming and activities for the next fiscal year in support of family permanency solutions, including goals for each country in which programming will occur, proposed allocations of resources by country, types of projects proposed by country, amounts of awards proposed for each project, and desired outcomes for each country; (4) a review of trends over the last five years, including changes in the numbers and locations of unparented children and the reasons for the changes, such as new refugee arrivals, growing numbers of children abandoned at birth, and decreases in number of children in institutions; (5) an overall analysis of highest priority situations of concern for unparented children, including analysis of whether the children are in a location that provides a cooperative environment for assistance programming and intercountry adoptions; (6) a description of how intercountry adoption and refugee resettlement for unparented refugee children has played a role in each country over the last 10 years and the current status of such programs, including analysis of the situation with respect to the Hague Adoption Convention and how the Convention has affected intercountry adoptions from the country; (7) aggregate reporting on intercountry adoptions to the United States, distinguishing between Convention adoptions and non-Convention adoptions and including— (A) the total number of intercountry adoptions involving immigration to the United States by year over the past 10 years and projected data for the next fiscal year, distinguishing between Convention and non-Convention adoptions, including aggregate data on the country from which each child emigrated, the State of residence of the adoptive parents, and the country in which the adoption was finalized; (B) the number of intercountry adoptions involving emigration from the United States, regardless of whether the adoption occurred under the Convention and distinguishing between Convention and non-Convention adoptions, including the country to which each child immigrated and the State from which each child emigrated; (C) the average time required for completion of the immigration portion of intercountry adoptions, distinguishing between Convention and non-Convention adoptions, calculated as the time between filing of the initial immigration-related adoption petition on behalf of a child and the approval of that child’s immigrant visa; and (D) the range of adoption fees charged in connection with intercountry adoptions involving immigration to the United States and the median of such fees; and (8) such additional information as may be requested by members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives . (c) Consultations To the extent possible, designated representatives of the President should meet with members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives not later than 2 weeks before the Secretary of State submits the report required under subsection (a) to discuss the information described in subsection (b). The substance of such consultations should be printed in the Congressional Record. (d) Repeal Section 104 of the Intercountry Adoption Act ( 42 U.S.C. 14914 ) is repealed. 202. Country reports regarding severe forms of trafficking Section 502B(h)(1)(B) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(h)(1)(B) ) is amended by adding at the end the following: (x) What steps the government of that country has taken to reduce the number of children living outside of family care. (xi) What steps the government of that country has taken to reduce the number of children abused, neglected, or exploited. . III Promotion of a comprehensive approach for children in adversity 301. Establishment of a USAID Center for Excellence for Children in Adversity (a) Center for Excellence for Children in Adversity (1) In general There is established within the United States Agency for International Development a Center of Excellence on Children in Adversity. (2) Coordinator The Center for Excellence shall be headed by the Children in Adversity Coordinator, who shall be appointed by the Secretary of State, in consultation with the Administrator of the United States Agency for International Development. (3) Objectives The Center of Excellence on Children in Adversity shall work in consultation with the Assistant Secretary of the Bureau of Vulnerable Children and Family Security of the Department of State to promote greater United States Government coherence and accountability for whole-of-government assistance to children in adversity and ensure that United States foreign assistance and development programs are focused on the following objectives: (A) The sound development of children through the integration of health, nutrition, and family support. (B) Supporting and enabling families to care for children through family preservation, reunification, and support of kinship care, guardianship, and domestic and intercountry adoption. (C) Facilitating the efforts of national governments and partners to prevent, respond to, and protect children from violence, exploitation, abuse, and neglect. (4) Authorities The Children in Adversity Coordinator, acting through nongovernmental organizations (including faith-based and community-based organizations), partner country finance, health, education, social welfare, and other ministries, and relevant executive branch agencies, is authorized to— (A) operate internationally to carry out the programs and activities outlined in the Action Plan for Children in Adversity; (B) provide grants to, and enter into contracts and cooperative agreements with, nongovernmental organizations (including faith-based organizations) to carry out this section; and (C) transfer and allocate United States Agency for International Development funds that have been appropriated for the purposes described in subparagraphs (A) and (B). (5) Functions In consultation with the Assistant Secretary of the Bureau of Children's Affairs in the Department of State, the Children in Adversity Coordinator shall, through the Center of Excellence— (A) facilitate program and policy coordination related to the goals and objectives of the Action Plan for Children in Adversity among relevant executive branch agencies and nongovernmental organizations by auditing, monitoring, and evaluating such programs; (B) ensure that each relevant executive branch agency undertakes responsibility for activities related primarily to those areas in which the agency has the greatest expertise, technical capability, and potential for success; (C) coordinate relevant executive branch agency activities related to the Action Plan for Children in Adversity; (D) establish due diligence criteria for all recipients of funds appropriated by the United States Government for assistance to children in adversity; and (E) oversee the administration of the priority country demonstration program as described in subsection (f). (6) Assistance The President is authorized to provide assistance, including through international, nongovernmental, or faith-based organizations, for programs in developing countries— (A) to increase the percentage of children achieving age-appropriate growth and developmental milestones; (B) to increase the percentage of children under 5 years of age demonstrating secure attachment with a primary caregiver; (C) to integrate health, nutrition, developmental protections, and caregiving support for vulnerable children and their families; (D) to increase the percentage of children living within appropriate, permanent, safe, and protective family care, through family preservation and reunification, and through kinship care, guardianship, and domestic and intercountry adoption, and to reduce the percentage of children living in institutions; (E) to increase the percentage of families providing adequate nutrition, education opportunities, care, and protection for their children; (F) to reduce the percentage of children who experience violence, exploitation, abuse, and neglect; (G) to increase the percentage of children who receive appropriate care and protection after experiencing violence, exploitation, abuse, or neglect; (H) to increase public awareness that violence, exploitation, abuse, or neglect of children as unacceptable; (I) to increase the percentage of countries that ratify and implement relevant conventions or formally adopt internationally recognized principles, standards, and procedural safeguards to protect children from violence, exploitation, abuse, and neglect; (J) to increase the percentage of children who have legal documentation and birth registration; (K) to increase the number of laws, policies, and practices in partner states that promote and strengthen child welfare and protection at household, community, and national levels is increased; (L) to increase national and local human resource capacity for child welfare and protection; (M) to increase the number of national and community systems effectively monitoring child welfare and protection concerns, programs, and outcomes; (N) to encourage and assist in the collection of data related to children outside of family care; (O) to increase the number of prevalence studies that measure and track trends in children’s exposure to violence, exploitation, abuse, and neglect; (P) to increase the number of published outcome/impact evaluations on interventions to assist children outside of family care or minimize exposure to violence, exploitation, abuse, and neglect that can be generalized to larger target groups; (Q) to increase the number of national governments and universities leading rigorous data collection, research, and monitoring and evaluation studies related to child welfare and protection; and (R) to increase the number of United States Government-supported interventions for children in adversity designed using data from rigorous research methodologies. (b) Monitoring and evaluation (1) Establishment of system To maximize the sustainable development impact of assistance authorized under this section, and pursuant to the primary objective of the Action Plan for Children in Adversity, the President shall establish a monitoring and evaluation system to measure the effectiveness of United States assistance to children in adversity. (2) Requirements The monitoring and evaluation system shall— (A) be aligned with the objectives and outcomes outlined by the Action Plan for Children in Adversity; and (B) provide a basis for recommendations for adjustments to the assistance provided under this part. (c) Priority Country Demonstration Program (1) In general The Administrator of the United States Agency for International Development, in consultation with the Secretary of State, shall establish and carry out a priority country demonstration program implementing the Action Plan for Children in Adversity over a period of 5 years in at least 6 countries. (2) Purposes The purposes of the programs established under subparagraph (1) shall be— (A) to demonstrate how research-based policies and programs to achieve the core objectives of the Action Plan for Children in Adversity can be successfully implemented on a national level; (B) to establish model programs that, once tested for efficacy, will be available for replication on a global basis; (C) to identify a comprehensive series of interventions which result in meeting the outcomes and objectives of the Action Plan for Children in Adversity; and (D) to determine which in-country factors advance or negate the successful achievement of the outcomes and objectives of the action plan. (3) Criteria for selection of countries The criteria for selection of countries shall include— (A) magnitude and severity of the problems to be addressed; (B) partner country interest in participation in a comprehensive implementation of all 3 goals of the Action Plan for Children in Adversity, including, with respect to the second objective (Families First), expressed willingness to support the full complement of permanence solutions (including family preservation, reunification, kinship care, guardianship, and domestic and intercountry adoption), and commitments to support and allow monitoring and evaluation, as well as transparent reporting; (C) potential to leverage bilateral, multilateral, and foundation investments; (D) potential to leverage other United States development investments; (E) regional diversity to maximize learning opportunities; and (F) level of economic development, with a focus on low- and middle-income countries. (d) Repeals (1) Assistance to orphans and other vulnerable children Section 135 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152f ) is repealed. (2) Annual report Section 5 of the Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005 ( 22 U.S.C. 2152g ) is hereby repealed. IV Funding and effective dates 401. Funding (a) Prohibition on new appropriations No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act. This Act and such amendments shall be carried out using amounts otherwise available for such purposes, including unobligated balances of funds made available to carry out activities under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ). (b) Limitations on use of funds (1) United Nations No funds obligated in accordance with this Act may be awarded to the United Nations or any of its subsidiaries. (2) Administrative expenses Not more than two percent of the amounts described in subsection (a) may be used for administrative expenses. (c) Focus of assistance Assistance provided under this Act— (1) shall focus primarily on promoting international child welfare, as set forth in this Act, for all children in adversity; and (2) may be provided on such terms and conditions as the President determines appropriate. 402. Effective dates (a) Effective upon enactment Sections 104 and 202 and title III and IV shall take effect on the date of the enactment of this Act. (b) Delayed effective date Sections 101, 102, 103, and 201 shall take effect on the date that is 1 year after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4143ih/xml/BILLS-113hr4143ih.xml
113-hr-4144
I 113th CONGRESS 2d Session H. R. 4144 IN THE HOUSE OF REPRESENTATIVES March 4, 2014 Mr. Grimm (for himself, Mr. Bishop of New York , Mr. King of New York , Mr. Nunnelee , and Mrs. McCarthy of New York ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend the provisions of title 46, United States Code, related to the Board of Visitors to the United States Merchant Marine Academy, and for other purposes. 1. Short title This Act may be cited as the U.S. Merchant Marine Academy Board of Visitors Enhancement Act . 2. United States Merchant Marine Academy Board of Visitors Section 51312 of title 46, United States Code, is amended to read as follows: 51312. Board of Visitors (a) In general A Board of Visitors to the United States Merchant Marine Academy (referred to in this section as the Board and the Academy , respectively) shall be established to provide independent advice and recommendations on matters relating to the United States Merchant Marine Academy. (b) Appointment and membership (1) In general Not later than 60 days after the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act , the Board shall be composed of— (A) 2 Senators appointed by the chairman, in consultation with the ranking member, of the Committee on Commerce, Science, and Transportation of the Senate ; (B) 3 members of the House of Representatives appointed by the chairman, in consultation with the ranking member, of the Committee on Armed Services of the House of Representatives ; (C) 1 Senator appointed by the Vice President, who shall be a member of the Committee on Appropriations of the Senate ; (D) 2 members of the House of Representatives appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader, at least 1 of whom shall be a member of the Committee on Appropriations of the House of Representatives ; (E) the Commander of the United States Transportation Command; (F) the Commander of the Military Sealift Command; (G) the Assistant Commandant for Prevention Policy of the United States Coast Guard; (H) 4 individuals appointed by the President; and (I) as ex officio members— (i) the chairman of the Committee on Commerce, Science, and Transportation of the Senate ; (ii) the chairman of the Committee on Armed Services of the House of Representatives ; (iii) the chairman of the Advisory Board to the Academy established under section 51313; and (iv) the member of the House of Representatives in whose congressional district the Academy is located, as a non-voting member, unless such member of the House of Representatives is appointed as a voting member of the Board under subparagraph (B) or (D). (2) Presidential appointees Of the individuals appointed by the President under paragraph (1)(H)— (A) at least 2 shall be graduates of the Academy; (B) at least 1 shall be a senior corporate officer from a United States maritime shipping company that participates in the Maritime Security Program, or in any Maritime Administration program providing incentives for companies to register their vessels in the United States, and this appointment shall rotate biennially among such companies; and (C) 1 or more may be a Senate-confirmed Presidential appointee, a member of the Senior Executive Service, or an officer of flag-rank who from the United States Coast Guard, the National Oceanic and Atmospheric Administration, or any of the military services that commission graduates of the Academy, exclusive of the Board members described in subparagraph (E), (F), or (G) of paragraph (1). (3) Term of service Each member of the Board shall serve for a term of 2 years commencing at the beginning of each Congress, except that any member whose term on the Board has expired shall continue to serve until a successor is designated. (4) Vacancies If a member of the Board is no longer able to serve on the Board or resigns, the Designated Federal Officer selected under subsection (g)(2) shall immediately notify the official who appointed such member. Not later than 60 days after that notification, such official shall designate a replacement to serve the remainder of such member's term. (5) Current members Each member of the Board serving as a member of the Board on the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act shall continue to serve on the Board for the remainder of such member’s term. (6) Designation and responsibility of substitute Board members (A) Authority to designate A member of the Board described in subparagraph (E), (F), or (G) of paragraph (1) or subparagraph (B) or (C) of paragraph (2) may, if unable to attend or participate in an activity described in subsection (d), (e), or (f), designate another individual to serve as a substitute member of the Board, on a temporary basis, to attend or participate in such activity. (B) Requirements A substitute member of the Board designated under subparagraph (A) shall be— (i) an individual who has been appointed by the President and confirmed by the Senate; (ii) a member of the Senior Executive Service; or (iii) an officer of flag-rank who is employed by— (I) the United States Coast Guard; (II) the United States Transportation Command; or (III) the Military Sealift Command. (C) Participation A substitute member of the Board designated under subparagraph (A)— (i) shall be permitted to fully participate in the proceedings and activities of the Board; (ii) shall report back to the member on the Board’s activities not later than 15 days following the substitute member’s participation in such activities; and (iii) shall be permitted to participate in the preparation of reports described in paragraph (j) related to any proceedings or activities of the Board in which such substitute member participates. (c) Chairperson (1) In general On a biennial basis, the Board shall select from among its members, a member of the House of Representatives or a Senator to serve as the Chairperson. (2) Rotation A member of the House of Representatives and a member of the Senate shall alternately serve as the Chair of the Board on a biennial basis. (3) Term An individual may not serve as Chairperson for more than 1 consecutive term. (d) Meetings (1) In general The Board shall meet several times each year as provided for in the Charter described in paragraph (2)(B), including at least 1 meeting held at the Academy. (2) Selection and consideration Not later than 60 days after the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act , the Designated Federal Officer selected under subsection (g)(2) shall organize a meeting of the Board for the purposes of— (A) selecting a Chairperson; and (B) considering an official Charter for the Board, which shall provide for the meeting of the Board several times each year. (e) Visiting the Academy (1) Annual visit The Board shall visit the Academy annually on a date selected by the Board, in consultation with the Secretary of Transportation and the Superintendent of the Academy. (2) Other visits In cooperation with the Superintendent, the Board or its members may make other visits to the Academy in connection with the duties of the Board. (3) Access While visiting the Academy under this subsection, members of the Board shall have reasonable access to the grounds, facilities, midshipmen, faculty, staff, and other personnel of the Academy for the purpose of carrying out the duties of the Board. (f) Responsibility The Board shall inquire into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Academy that the Board decides to consider. (g) Department of Transportation support The Secretary of Transportation shall— (1) provide support as deemed necessary by the Board for the performance of the Board’s functions; (2) not later than 30 days after the date of the enactment of the U.S. Merchant Marine Academy Board of Visitors Enhancement Act , select a Designated Federal Officer to support the performance of the Board’s functions; and (3) in cooperation with the Maritime Administrator and the Superintendent of the Academy, advise the Board of any institutional issues, consistent with applicable laws concerning the disclosure of information. (h) Staff Staff members may be designated to serve without reimbursement as staff for the Board by— (1) the Chairperson of the Board; (2) the chairman of the Committee on Commerce, Science, and Transportation of the Senate ; and (3) the chairman of the Committee on Armed Services of the House of Representatives . (i) Travel expenses While serving away from home or regular place of business, a member of the Board or a staff member designated under subsection (h) shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized under section 5703 of title 5, United States Code. (j) Reports (1) Annual report Not later than 60 days after each annual visit required under subsection (e)(1), the Board shall submit to the President a written report of its actions, views, and recommendations pertaining to the Academy. (2) Other reports If the members of the Board visit the Academy under subsection (e)(2), the Board may— (A) prepare a report on such visit; and (B) if approved by a majority of the members of the Board, submit such report to the President not later than 60 days after the date of the approval. (3) Advisors The Board may call in advisers— (A) for consultation regarding the execution of the Board’s responsibility under subsection (f); or (B) to assist in the preparation of a report described in paragraph (1) or (2). (4) Submission A report submitted to the President under paragraph (1) or (2) shall be concurrently submitted to— (A) the Secretary of Transportation; (B) the Committee on Commerce, Science, and Transportation of the Senate ; and (C) the Committee on Armed Services of the House of Representatives . .
https://www.govinfo.gov/content/pkg/BILLS-113hr4144ih/xml/BILLS-113hr4144ih.xml
113-hr-4145
I 113th CONGRESS 2d Session H. R. 4145 IN THE HOUSE OF REPRESENTATIVES March 4, 2014 Mr. Israel (for himself, Mrs. Carolyn B. Maloney of New York , and Ms. Meng ) 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 modify the dependent care credit to take into account expenses for care of parents and grandparents who do not live with the taxpayer. 1. Short title This Act may be cited as the Elder Care Tax Credit Act of 2014 . 2. Findings Congress finds the following: (1) 70 percent of Americans who reach the age of 65 will use some form of long-term care during the remainder of their lives. (2) Unpaid family caregivers provide about 80 percent of care at home. At home care can include emotional, financial, nursing, social, homemaking, and other services. (3) Family caregivers spend about 20 hours each week providing care and 58 percent of those who receive at home care require intensive caregiving responsibilities that can include assisting with a personal care activity, such as bathing or feeding. (4) During 2009, more than 61,600,000 Americans served as unpaid family caregivers with an economic value of approximately $450,000,000,000. 3. Modification of credit for expenses for household and dependent care services necessary for gainful employment (a) Credit allowed for costs incurred To care for parents and grandparents who do not live with the taxpayer (1) In general Paragraph (1) of section 21(b) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , or , and by adding at the end the following new subparagraph: (D) a dependent of the taxpayer (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), (d)(1)(B), and (d)(1)(C)) who is the father or mother of the taxpayer (or an ancestor of such father or mother) and who is physically or mentally incapable of caring for himself or herself. . (2) Conforming amendment Subparagraph (B) of section 21(b)(1) of such Code is amended by inserting (other than a dependent described in subparagraph (D)) after and (d)(1)(B)) . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr4145ih/xml/BILLS-113hr4145ih.xml
113-hr-4146
I 113th CONGRESS 2d Session H. R. 4146 IN THE HOUSE OF REPRESENTATIVES March 4, 2014 Mr. Paulsen introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Low-Income Housing Preservation and Resident Homeownership Act of 1990. 1. Short title This Act may be cited as the Preservation Enhancement and Savings Opportunity Act of 2014 . 2. Distributions and residual receipts Section 222 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4112) is amended by adding at the end the following new subsection: (e) Distribution and residual receipts (1) Authority After the date of the enactment of the Preservation Enhancement and Savings Opportunity Act of 2014 , the owner of a property subject to a plan of action or use agreement pursuant to this section shall be entitled to distribute— (A) annually, all surplus cash generated by the property; and (B) upon request made to the Secretary and notwithstanding any conflicting provision in such use agreement; any funds accumulated in a residual receipts account, but only if the owner is in material compliance with such use agreement. (2) Operation of property An owner that distributes any amounts pursuant to paragraph (1) shall— (A) continue to operate the property in accordance with the affordability provisions of the use agreement for the property for the remaining useful life of the property; (B) as required by the plan of action for the property, continue to renew or extend any project-based rental assistance contract for a term of not less than 20 years; and (C) if the owner has an existing multi-year project-based rental assistance contract for less than 20 years, have the option to extend the contract to a 20-year term. . 3. Future refinancings Section 214 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990 (12 U.S.C. 4104) is amended by adding at the end the following new subsection: (c) Future financing Neither this section, nor any plan of action or use agreement implementing this section, shall restrict an owner from obtaining a new loan or refinancing an existing loan secured by the project, or from distributing the proceeds of such a loan; except that, in conjunction with such refinancing— (1) the owner shall provide for adequate rehabilitation pursuant to a capital needs assessment to ensure long-term sustainability of the property satisfactory to the lender or bond issuance agency; (2) any resulting budget-based rent increase shall include debt service on the new financing, commercially reasonable debt service coverage, and replacement reserves as required by the lender; and (3) rent increases for units not covered by a project-based rental subsidy contract or tenant-based rental subsidy shall be limited to 10 percent. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4146ih/xml/BILLS-113hr4146ih.xml
113-hr-4147
I 113th CONGRESS 2d Session H. R. 4147 IN THE HOUSE OF REPRESENTATIVES March 4, 2014 Mr. Takano introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Chief Information Officer of the Department of Veterans Affairs and the Deputy Under Secretary of Veterans Affairs for Economic Opportunity to submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding the information technology of the Department that is used in administering the educational benefits administered by the Secretary of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Student Veterans IT Upgrade Act . 2. Report on Department of Veterans Affairs education information technology (a) Report The Chief Information Officer of the Department of Veterans Affairs, in coordination with the Deputy Under Secretary for Economic Opportunity, shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the information technology system of the Department of Veterans Affairs that is used in connection with the administration of educational benefits under laws administered by the Secretary of Veterans Affairs. The report shall include the following: (1) The status, as of the date of the report, of such system. (2) The plan with respect to such system that was submitted to Congress prior to the date of the report. (3) An action plan describing how the Chief Information Officer and the Deputy Under Secretary for Economic Opportunity intend to finalize such system. (4) The anticipated cost of upgrading such system. (b) Annual briefing The Chief Information Officer and the Deputy Under Secretary for Economic Opportunity shall update the committees specified in subsection (a) at least annually on any progress made in upgrading the information technology system of the Department of Veterans Affairs that is used in connection with the administration of educational benefits under laws administered by the Secretary of Veterans Affairs.
https://www.govinfo.gov/content/pkg/BILLS-113hr4147ih/xml/BILLS-113hr4147ih.xml
113-hr-4148
I 113th CONGRESS 2d Session H. R. 4148 IN THE HOUSE OF REPRESENTATIVES March 5, 2014 Mr. Moran introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To phase out cosmetic animal testing and the sale of cosmetics tested on animals. 1. Short title This Act may be cited as the Humane Cosmetics Act . 2. Purpose The purpose of this Act is to phase out cosmetic animal testing and the sale of cosmetics tested on animals. 3. Definitions In this Act: (1) Cosmetic The term cosmetic has the meaning given to such term in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (2) Cosmetic animal testing The term cosmetic animal testing means the application or exposure of any cosmetic to the skin, eyes, or other body part of a live non-human vertebrate for purposes of evaluating the safety or efficacy of a cosmetic. 4. Prohibitions (a) Prohibited testing It shall be unlawful for any entity, whether private or governmental, to conduct or contract for cosmetic animal testing that occurs in the United States and is in or affecting interstate commerce. (b) Prohibited sale or transport It shall be unlawful to sell, offer for sale, or transport in interstate commerce any cosmetic if the final product or any component thereof was developed or manufactured using cosmetic animal testing conducted or contracted for after the effective date specified in section 6(a). 5. Civil penalties (a) In general In addition to any other penalties applicable under law, whoever violates any provision of this Act shall be assessed a civil penalty of not more than $10,000 for each such violation. (b) Multiple violations Each violation of this Act with respect to a separate animal, and each day that a violation of this Act continues, constitutes a separate offense. 6. Effective dates (a) Prohibition on cosmetic animal testing The prohibition in section 4(a) takes effect on the date that is 1 year after the date of enactment of this Act. (b) Prohibition on sale The prohibition in section 4(b) takes effect on the date that is 3 years after the date of enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4148ih/xml/BILLS-113hr4148ih.xml
113-hr-4149
I 113th CONGRESS 2d Session H. R. 4149 IN THE HOUSE OF REPRESENTATIVES March 5, 2014 Ms. Brownley of California (for herself and Mr. Takano ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committees on Ways and Means and 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 amend the VOW to Hire Heroes Act of 2011 to extend the Veterans Retraining Assistance Program, and for other purposes. 1. Short title This Act may be cited as the Help Hire our Heroes Act . 2. Extension of Veterans Retraining Assistance Program Section 211 of the VOW to Hire Heroes Act of 2011 ( Public Law 112–56 ; 38 U.S.C. 4100 note) is amended— (1) in subsection (a)(2)(B), by striking March 31 and inserting September 30 ; and (2) in subsection (k), by striking March 31 and inserting September 30 . 3. Transfer from Leaking Underground Storage Tank Trust Fund to Veterans Retraining Assistance Program Subsection (c) of section 9508 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Transfer to Department of Veterans Affairs Out of amounts in the Leaking Underground Storage Tank Trust Fund there is hereby appropriated $270,000,000 to be transferred to the Veterans Benefits Administration—Readjustment Benefits account of the Department of Veterans Affairs for the Veterans Retraining Assistance Program under section 211 of the VOW to Hire Heroes Act of 2011 ( Public Law 112–56 ; 38 U.S.C. 4100 note), to remain available until expended. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4149ih/xml/BILLS-113hr4149ih.xml
113-hr-4150
I 113th CONGRESS 2d Session H. R. 4150 IN THE HOUSE OF REPRESENTATIVES March 5, 2014 Mr. Cook (for himself and Ms. Titus ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , 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 38, United States Code, to direct the Secretary of Labor to enter into a contract for the conduct of a longitudinal study of the job counseling, training, and placement services for veterans provided by the Secretary, and for other purposes. 1. Short title This Act may be cited as the Veterans Employment and Training Service Longitudinal Study Act of 2014 . 2. Longitudinal study of job counseling, training, and placement service for veterans (a) In general Chapter 41 of title 38, United States Code, is amended by adding at the end the following new section: 4115. Longitudinal study of job counseling, training, and placement service for veterans (a) Study required (1) The Secretary shall enter into a contract with a non-government entity to conduct a longitudinal study of a statistically valid sample of each of the groups of individuals described in paragraph (2). The contract shall provide for the study of each such group over a period of at least five years. (2) The groups of individuals described in this paragraph are the following: (A) Veterans who have received intensive services. (B) Veterans who did not receive intensive services but who otherwise received services under this chapter. (C) Veterans who did not seek or receive services under this chapter. (3) The study required by this subsection shall include the collection of the following information for each individual who participates in the study: (A) The average number of months such individual served on active duty. (B) The distribution of disability ratings of such individual. (C) Any unemployment benefits received by such individual. (D) The average number of months such individual was employed during the year covered by the report. (E) The average annual starting and ending salaries of any such individual who was employed during the year covered by the report. (F) The average annual income of such individual. (G) The average total household income of such individual for the year covered by the report. (H) The percentage of such individuals who own their principal residences. (I) The employment status of such individual. (J) In the case of such an individual who received services under this chapter, whether the individual believes that any service provided by a disabled veterans’ outreach specialist or local veterans’ employment representative helped the individual to become employed. (K) In the case of such an individual who believes such a service helped the individual to become employed, whether— (i) the individual retained the position of employment for a period of one year or longer; and (ii) the individual believes such a service helped the individual to secure a higher wage or salary. (L) The conditions under which such individual was discharged or released from the Armed Forces. (M) Whether such individual has used any educational assistance to which the individual is entitled under this title. (N) Whether such individual has participated in a rehabilitation program under chapter 31 of this title. (O) Demographic information about such individual. (P) Such other information as the Secretary determines appropriate. (b) Annual Reports (1) By not later than July 1 of each year covered by the study required under subsection (a), the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the outcomes of the study during the preceding year. (2) The Secretary shall include in each annual report submitted under paragraph (1) any information the Secretary determines is necessary to determine the long-term outcomes of the individuals in the groups described in subsection (a)(2). . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 4115. Longitudinal study of job counseling, training, and placement service for veterans. . (c) Use of Federal Directory of New Hires Section 453A(h) of the Social Security Act ( 42 U.S.C. 653a(h) ) is amended by adding at the end the following new paragraph: (4) Secretary of Labor The Secretary of Labor shall have access to information reported by employers pursuant to subsection (b) of this section. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4150ih/xml/BILLS-113hr4150ih.xml
113-hr-4151
I 113th CONGRESS 2d Session H. R. 4151 IN THE HOUSE OF REPRESENTATIVES March 5, 2014 Mr. Bilirakis (for himself and Mrs. Kirkpatrick ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to enter into a contract with a non-government entity to conduct a survey of individuals who have used or are using their entitlement to educational assistance under the educational assistance programs administered by the Secretary of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Veterans Education Survey Act of 2014 . 2. Survey of individuals using their entitlement to educational assistance under the educational assistance programs administered by the Secretary of Veterans Affairs (a) Survey required By not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract with a non-government entity for the conduct of a survey of a statistically valid sample of individuals who have used or are using their entitlement to educational assistance under chapters 30, 32, 33, and 35 of title 38, United States Code, to pursue a program of education or training. The contract shall provide that— (1) not later than one month before the collection of data under the survey begins, the survey shall be submitted to the Committees on Veterans’ Affairs of the Senate and House of Representatives; (2) the non-government entity shall complete the survey and submit to the Secretary the results of the survey by not later than 180 days after entering into the contract; and (3) the survey shall be conducted by electronic means and by any other means the non-government entity determines appropriate. (b) Information To be collected The contract under subsection (a) shall provide that the survey shall be designed to collect the following types of information about each individual surveyed, where applicable: (1) Demographic information, including the highest level of education completed by the individual, the military occupational specialty or specialties of the individual while serving on active duty as a member of the Armed Forces or as a member of the National Guard or of a Reserve Component of the Armed Forces, and whether the individual has a service-connected disability. (2) The opinion of the individual regarding participation in the transition assistance program under section 1144 of title 10, United States Code, and the effectiveness of the program, including instruction on the use of the benefits under laws administered by the Secretary of Veterans Affairs. (3) The resources the individual used to help the individual— (A) decide to use the individual’s entitlement to educational assistance to enroll in a program of education or training; and (B) choose the program of education or training the individual pursued. (4) The individual’s goal when the individual enrolled in the program of education or training. (5) The nature of the individual’s experience with the education benefits processing system of the Department of Veterans Affairs. (6) The nature of the individual’s experience with the school certifying official of the educational institution where the individual pursued the program of education or training who processed the individual’s claim. (7) Any services or benefits the educational institution or program of education or training provided to veterans while the individual pursued the program of education or training. (8) The type of educational institution at which the individual pursued the program of education or training. (9) Whether the individual completed the program of education or training or the number of credit hours completed by the individual as of the time of the survey, and, if applicable, any degree or certificate obtained by the individual for completing the program. (10) The employment status of the individual and whether such employment status differs from the employment status of the individual prior to enrolling in the program of education or training. (11) Whether the individual is or was enrolled in a program of education on a full-time or part-time basis. (12) The opinion of the individual on the effectiveness of the educational assistance program of the Department of Veterans Affairs under which the individual was entitled to educational assistance. (13) Whether the individual was ever entitled to a rehabilitation under chapter 31 of title 38, United States Code, and whether the individual participated in such a program. (14) Such other matters as the Secretary determines appropriate. (c) Report Not later than 90 days after receiving the results of the survey required under this section, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the results of the survey and any recommendations of the Secretary relating to such results. Such report shall also include an unedited version of the results of the survey submitted by the non-government entity that conducted the study.
https://www.govinfo.gov/content/pkg/BILLS-113hr4151ih/xml/BILLS-113hr4151ih.xml
113-hr-4152
113th CONGRESS 2d Session H.R. 4152 In the Senate of the United States, March 27, 2014. Amendment: That the bill from the House of Representatives (H.R. 4152) entitled An Act to provide for the costs of loan guarantees for Ukraine. , do pass with the following Strike all after the enacting clause and insert the following: 1. Short title This Act may be cited as the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 . 2. Definitions In this Act: (1) Alien The term alien has the meaning given that term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Appropriations, and the majority leader and minority leader of the Senate; and (B) the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Appropriations, and the Speaker and minority leader of the House of Representatives. (3) Materially assisted The term materially assisted means the provision of assistance that is significant and of a kind directly relevant to acts described in paragraph (1), (2), or (3) of section 8(a) or acts described in section 9(a)(1). (4) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 3. United states policy toward Ukraine It is the policy of the United States— (1) to condemn the unjustified military intervention of the Russian Federation in the Crimea region of Ukraine and its concurrent occupation of that region, as well as any other form of political, economic, or military aggression against Ukraine; (2) to reaffirm the commitment of the United States to, and to remind Russia of its ongoing commitment to, the 1994 Budapest Memorandum on Security Assurances, which was executed jointly with the Russian Federation and the United Kingdom and explicitly secures the independence, sovereignty, and territorial integrity and borders of Ukraine, and to demand the immediate cessation of improper activities, including the seizures of airfields and other locations, and the immediate return of Russian forces to their barracks; (3) to work with United States partners in the European Union, the North Atlantic Treaty Organization, and at the United Nations to ensure that all nations recognize and not undermine, nor seek to undermine, the independence, sovereignty, or territorial or economic integrity of Ukraine; (4) to use all appropriate economic elements of United States national power, in coordination with United States allies, to protect the independence, sovereignty, and territorial and economic integrity of Ukraine; (5) to support the people of Ukraine in their desire to forge closer ties with Europe, including signing an Association Agreement with the European Union as a means to address endemic corruption, consolidate democracy, and achieve sustained prosperity; (6) to use the voice and vote of the United States to secure sufficient resources through the International Monetary Fund to support needed economic structural reforms in Ukraine under conditions that will reinforce a sovereign decision by the Government of Ukraine to sign and implement an association agreement with the European Union; (7) to help the Government of Ukraine prepare for the presidential election in May 2014; (8) to reinforce the efforts of the Government of Ukraine to bring to justice those responsible for the acts of violence against peaceful protestors and other unprovoked acts of violence related to the antigovernment protests in that began on November 21, 2013; (9) to support the efforts of the Government of Ukraine to recover and return to the Ukrainian state funds stolen by former President Yanukovych, his family, and other current and former members of the Ukrainian government and elites; (10) to support the continued professionalization of the Ukrainian military; (11) to condemn economic extortion by the Russian Federation against Ukraine, Moldova, Lithuania, and other countries in the region designed to obstruct closer ties between the European Union and the countries of the Eastern Partnership and to reduce the harmful consequences of such extortion; (12) to condemn thecontinuing and long-standing pattern and practice by the Government of the Russian Federation of physical and economic aggression toward neighboring countries; (13) to enhance and extend our security cooperation with, security assistance to, and military exercises conducted with, states in Central and Eastern Europe, including North Atlantic Treaty Organization (NATO) member countries, NATO aspirants, and appropriate Eastern Partnership countries; (14) to reaffirm United States defense commitments to its treaty allies under Article V of the North Atlantic Treaty; (15) that the continued participation of the Russian Federation in the Group of Eight (G–8) nations should be conditioned on the Government of the Russian Federation respecting the territorial integrity of its neighbors and accepting and adhering to the norms and standards of free, democratic societies as generally practiced by every other member nation of the G–8 nations; (16) to explore ways for the United States Government to assist the countries of Central and Eastern Europe to diversify their energy sources and achieve energy security; and (17) to ensure the United States maintains its predominant leadership position and influence within the International Monetary Fund, and to guarantee the International Monetary Fund has the resources and governance structure necessary to support structural reforms in Ukraine and respond to and prevent a potentially serious financial crisis in Ukraine or other foreign economic crises that threatens United States national security. 4. Provision of costs of loan guarantees for Ukraine (a) In general From the unobligated balance of amounts appropriated or otherwise made available under the heading Economic Support Fund under the heading Funds Appropriated to the President in title III of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 ) and in Acts making appropriations for the Department of State, foreign operations, and related programs for preceding fiscal years (other than amounts designated pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A))), amounts shall be made available for the costs (as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a )) of loan guarantees for Ukraine that are hereby authorized to be provided under this Act. (b) Inapplicability of certain limitations Amounts made available for the costs of loan guarantees for Ukraine pursuant to subsection (a) shall not be considered assistance for the purpose of provisions of law limiting assistance to Ukraine. 5. Recovery of assets linked to governmental corruption in Ukraine (a) Asset recovery The Secretary of State, in coordination with the Attorney General and the Secretary of the Treasury, shall assist, on an expedited basis as appropriate, the Government of Ukraine to identify, secure, and recover assets linked to acts of corruption by Viktor Yanukovych, members of his family, or other former or current officials of the Government of Ukraine or their accomplices in any jurisdiction through appropriate programs, including the Kleptocracy Asset Recovery Initiative of the Department of Justice. (b) Coordination Any asset recovery efforts undertaken pursuant to subsection (a) shall be coordinated through the relevant bilateral or multilateral entities, including, as appropriate, the Egmont Group of Financial Intelligence Units, the Stolen Asset Recovery Initiative of the World Bank Group and the United Nations Office on Drugs and Crime, the Camden Asset Recovery Inter-Agency Network, and the Global Focal Point Initiative of the International Criminal Police Organization (INTERPOL). (c) Investigative assistance The Secretary of State, in coordination with the Attorney General, shall assist the Government of Ukraine, the European Union, and other appropriate countries, on an expedited basis, with formal and informal investigative assistance and training, as appropriate, to support the identification, seizure, and return to the Government of Ukraine of assets linked to acts of corruption. (d) Priority assigned The Secretary of the Treasury shall ensure that the Financial Crimes Enforcement Network of the Department of the Treasury assists the Government of Ukraine, the European Union, and other appropriate countries under section 314(a) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 ( 31 U.S.C. 5311 note). 6. Democracy, civil society, governance, and technical assistance for ukraine and other states in Central and Eastern Europe (a) In general The Secretary of State shall, subject to the availability of appropriations, directly or through nongovernmental organizations— (1) improve democratic governance, transparency, accountability, rule of law, and anti-corruption efforts in Ukraine; (2) support efforts by the Government of Ukraine to foster greater unity among the people and regions of the country; (3) support the people and Government of Ukraine in preparing to conduct and contest free and fair elections, including through domestic and international election monitoring; (4) assist in diversifying Ukraine's economy, trade, and energy supplies, including at the national, regional, and local levels; (5) strengthen democratic institutions and political and civil society organizations in Ukraine; (6) expand free and unfettered access to independent media of all kinds in Ukraine and assist with the protection of journalists and civil society activists who have been targeted for free speech activities; (7) support political and economic reform initiatives by Eastern Partnership countries; and (8) support the efforts of the Government of Ukraine, civil society, and international organizations to enhance the economic and political empowerment of women in Ukraine and to prevent and address violence against women and girls in Ukraine, and support the inclusion of women in Ukraine in any negotiations to restore Ukraine’s security, independence, sovereignty, or territorial or economic integrity. (b) Authorization of appropriations There is authorized to be appropriated to the Secretary of State $50,000,000 for fiscal year 2015 to carry out the activities set forth in subsection (a).Amounts appropriated for the activities set forth in subsection (a) shall be used pursuant to the authorization and requirements contained in this section. Additional amounts may be authorized to be appropriated under other provisions of law. (c) Strategy requirement Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a strategy to carry out the activities set forth in subsection (a). (d) Notification requirement (1) In general Funds appropriated or otherwise made available pursuant to subsection (b) may not be obligated until 15 days after the date on which the President has provided notice of intent to obligate such funds to the appropriate congressional committees. (2) Waiver The President may waive the notification requirement under paragraph (1) if the President determines that failure to do so would pose a substantial risk to human health or welfare, in which case notification shall be provided as early as practicable, but in no event later than three days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver. 7. Enhanced security cooperation with Ukraine and other countries in Central and Eastern Europe (a) In general The President shall, subject to the availability of appropriations— (1) enhance security cooperation efforts and relationships amongst countries in Central and Eastern Europe and among the United States, the European Union, and countries in Central and Eastern Europe; (2) provide additional security assistance, including defense articles and defense services (as those terms are defined in section 47 of the Arms Export Control Act (22 U.S.C. 2794)) and military training, to countries in Central and Eastern Europe, including Ukraine; and (3) support greater reform, professionalism, and capacity-building efforts within the military, intelligence, and security services in Central and Eastern Europe, including Ukraine. (b) Authorization of appropriations There is authorized to be appropriated to the President a total of $100,000,000 for fiscal years 2015 through 2017 to carry out this section. Amounts appropriated for the activities set forth in subsection (a) shall be used pursuant to the authorization and requirements contained in this section. Additional amounts may be authorized to be appropriated under other provisions of law. (c) Strategy requirement Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a strategy to carry out the activities set forth in subsection (a). (d) Notification requirement (1) In general Funds appropriated or otherwise made availablepursuant to subsection (b) may not be obligated until 15 days after the date on which the President has provided notice of intent to obligate such funds to the appropriate congressional committees and the Committees on Armed Services of the Senate and the House of Representatives. (2) Waiver The President may waive the notification requirement under paragraph (1) if the President determines that failure to do so would pose a substantial risk to human health or welfare, in which case notification shall be provided as early as practicable, but in no event later than three days after taking the action to which such notification requirement was applicable in the context of the circumstances necessitating such waiver. 8. Sanctions on persons responsible for violence or undermining the peace, security, stability, sovereignty, or territorial integrity of Ukraine (a) In general The President shall impose the sanctions described in subsection (b) with respect to— (1) any person, including a current or former official of the Government of Ukraine or a person acting on behalf of that Government, that the President determines has perpetrated, or is responsible for ordering, controlling, or otherwise directing, significant acts of violence or gross human rights abusesin Ukraine against persons associated with the antigovernment protests in Ukraine that began on November 21, 2013; (2) any person that the President determines has perpetrated, or is responsible for ordering, controlling, or otherwise directing, significant acts that are intended to undermine the peace, security, stability, sovereignty, or territorial integrity of Ukraine, including acts of economic extortion; (3) any official of the Government of the Russian Federation, or a close associate or family member of such an official, that the President determines is responsible for, complicit in, or responsible for ordering, controlling, or otherwise directing, acts of significant corruption in Ukraine, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; and (4) any individual that the President determines materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, the commission of acts described in paragraph (1), (2), or (3). (b) Sanctions described (1) In general The sanctions described in this subsection are the following: (A) Asset blocking The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Exclusion from the united states and revocation of visa or other documentation In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of any visa or other documentation of the alien. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Exception relating to the importation of goods (A) In general The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). (4) Exception to comply with United Nations Headquarters Agreement Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Waiver The President may waive the application of sanctions under subsection (b) with respect to a person if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. (d) Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. 9. Sanctions on persons in the Russian Federation complicit in or responsible for significant corruption (a) In general The President is authorized and encouraged to impose the sanctions described in subsection (b) with respect to— (1) any official of the Government of the Russian Federation, or a close associate or family member of such an official, that the President determines is responsible for, or complicit in, or responsible for ordering, controlling, or otherwise directing, acts of significant corruption in the Russian Federation, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; and (2) any individual who has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an act described in paragraph (1). (b) Sanctions described (1) In general The sanctions described in this subsection are the following: (A) Asset blocking The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Exclusion from the united states and revocation of visa or other documentation In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of any visa or other documentation of the alien. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Exception relating to the importation of goods (A) In general The authority to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). (4) Exception to comply with United Nations headquarters agreement Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Waiver The President may waive the application of sanctions under subsection (b) with respect to a person if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver. (d) Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. 10. Annual report on military and security developments involving the Russian Federation (a) Report Not later than June 1, 2015, and June 1 of each year thereafter through 2020, the Secretary of Defense shall submit to the specified congressional committees a report, in both classified and unclassified form, on the current and future military power of the Russian Federation (in this section referred to as Russia ). The report shall address the current and probable future course of military-technological development of the Russian military, the tenets and probable development of the security strategy and military strategy of the Government of Russia, and military organizations and operational concepts, for the 20-year period following submission of such report. (b) Matters To be included The report required under subsection (a) shall include the following: (1) An assessment of the security situation in regions neighboring Russia. (2) The goals and factors shaping the security strategy and military strategy of the Government of Russia. (3) Trends in Russian security and military behavior that would be designed to achieve, or that are consistent with, the goals described in paragraph (2). (4) An assessment of the global and regional security objectives of the Government of Russia, including objectives that would affect the North Atlantic Treaty Organization, the Middle East, or the People's Republic of China. (5) A detailed assessment of the sizes, locations, and capabilities of the nuclear, special operations, land, sea, and air forces of the Government of Russia. (6) Developments in Russian military doctrine and training. (7) An assessment of the proliferation activities of the Government of Russia and Russian entities, as a supplier of materials, technologies, or expertise relating to nuclear weapons or other weapons of mass destruction or missile systems. (8) Developments in the asymmetric capabilities of the Government of Russia, including its strategy and efforts to develop and deploy cyberwarfare and electronic warfare capabilities, details on the number of malicious cyber incidents originating from Russia against Department of Defense infrastructure, and associated activities originating or suspected of originating from Russia. (9) The strategy and capabilities of space and counterspace programs in Russia, including trends, global and regional activities, the involvement of military and civilian organizations, including state-owned enterprises, academic institutions, and commercial entities, and efforts to develop, acquire, or gain access to advanced technologies that would enhance Russian military capabilities. (10) Developments in Russia's nuclear program, including the size and state of Russia's stockpile, its nuclear strategy and associated doctrines, its civil and military production capacities, and projections of its future arsenals. (11) A description of the anti-access and area denial capabilities of the Government of Russia. (12) A description of Russia's command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and its applications for Russia's precision guided weapons. (13) In consultation with the Secretary of Energy and the Secretary of State, developments regarding United States-Russian engagement and cooperation on security matters. (14) Other military and security developments involving Russia that the Secretary of Defense considers relevant to United States national security. (c) Specified congressional committees defined In this section, the term specified congressional committees means— (1) the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, and the majority leader and minority leader of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Speaker and minority leader of the House of Representatives. Secretary
https://www.govinfo.gov/content/pkg/BILLS-113hr4152eas/xml/BILLS-113hr4152eas.xml
113-hr-4153
I 113th CONGRESS 2d Session H. R. 4153 IN THE HOUSE OF REPRESENTATIVES March 5, 2014 Mr. Forbes introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To expedite the deployment of highway construction projects, and for other purposes. 1. Short title This Act may be cited as the 414 Plan Act of 2014 . 2. Suspension of Federal requirements for highway construction projects (a) In general Except as provided by subsection (b), the requirements of Federal laws and regulations, including the prevailing rate of wage requirements specified in section 113 of title 23, United States Code, shall not apply to any Federal-aid highway or highway safety construction project. (b) Exceptions Subsection (a) shall not apply to Federal laws and regulations relating to, as determined by the Secretary of Transportation— (1) the safety or durability of a highway facility; or (2) public or workplace safety. (c) Sunset This section shall cease to be effective after the last day of the 5-year period beginning on the date of enactment of this Act. 3. Federal requirements regarding bicycle transportation and pedestrian walkways (a) Repeal of protection of nonmotorized transportation traffic requirement Section 109(m) of title 23, United States Code, is repealed. (b) Definition of transportation alternatives Section 101(a)(29) of title 23, United States Code, is amended to read as follows: (29) Transportation alternatives The term transportation alternatives means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation: (A) Construction, planning, and design of transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (B) Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for nondrivers, including children, older adults, and individuals with disabilities to access daily needs. . (c) Repeal of bicycle transportation and pedestrian walkways authorizations and requirements Section 217 of title 23, United States Code, and the item relating to such section in the analysis for chapter 2 of that title, are repealed. (d) Planning requirements (1) General requirements Sections 134(c)(2) and 135(a)(2) of title 23, United States Code, and sections 5303(c)(2) and 5304(a)(2) of title 49, United States Code, are amended by striking (including accessible pedestrian walkways and bicycle transportation facilities) . (2) Participation by interested parties Sections 134(i)(6)(A) and 135(f)(3)(A)(ii) of title 23, United States Code, and sections 5303(i)(6)(A) and 5304(f)(3)(A)(ii) of title 49, United States Code, are amended by striking representatives of users of pedestrian walkways and bicycle transportation facilities, . 4. Sense of Congress on need for cooperation to expedite surface transportation projects It is the sense of Congress that States, Federal agencies, localities, and private stakeholders should take steps toward increased cooperation to further expedite surface transportation projects. 5. Applicability This Act, and the amendments made by this Act, shall apply to fiscal years beginning after the date of enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4153ih/xml/BILLS-113hr4153ih.xml
113-hr-4154
I 113th CONGRESS 2d Session H. R. 4154 IN THE HOUSE OF REPRESENTATIVES March 5, 2014 Mr. Poe of Texas introduced the following bill; which was referred to the Committee on the Judiciary A BILL To deny visas and entry to the United States to officials and employees of the Government of the Russian Federation due to the Russian military intervention in Ukraine, and for other purposes. 1. Short title This Act may be cited as the Russia Visa Sanctions Act . 2. Denial of visas and entry to the United States to officials and employees of the Government of the Russian Federation due to the Russian military intervention into Ukraine (a) In general Except as necessary to meet United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international treaty obligations, the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall deny admission into the United States to, all officials and employees of the Government of the Russian Federation until such time as the Secretary of State certifies to Congress that— (1) the military intervention into Ukraine by the Russian Federation has ceased; and (2) the Russian Federation respects the sovereignty, independence, and territorial integrity of Ukraine in accordance with the 1994 Budapest Memorandum on Security Assurances. (b) Exception for certain military bases The certification requirement specified in paragraph (2) of subsection (a) shall not apply to military bases of the Russian Federation in Ukraine’s Crimean peninsula operating in accordance with its 1997 agreement on the Status and Conditions of the Black Sea Fleet Stationing on the Territory of Ukraine.
https://www.govinfo.gov/content/pkg/BILLS-113hr4154ih/xml/BILLS-113hr4154ih.xml
113-hr-4155
I 113th CONGRESS 2d Session H. R. 4155 IN THE HOUSE OF REPRESENTATIVES March 5, 2014 Mr. Poe of Texas introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 authorize natural gas exports to certain foreign countries, and for other purposes. 1. Short title This Act may be cited as the Fight Russian Energy Exploitation (FREE) Act . 2. Natural gas exports to Ukraine Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) ) is amended by inserting or to the member states of the European Union or the former Soviet states of Ukraine, Georgia, Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, and Uzbekistan after trade in natural gas . 3. Report on global exports of natural gas production Not later than 180 days after the date of enactment of this Act, the Secretary of State shall submit to Congress a report on the following: (1) The economic policies of foreign countries with natural gas resources and reserves as such policies relate to the development and production of their natural gas resources and reserves and the extent and status of their natural gas resources and reserves. (2) The potential to export the natural gas production of such foreign countries to the global market and the impact of the export of such natural gas production on the global market. (3) A description of actions taken by the United States Government to foster natural gas exports to foreign countries that may have an interest in importing natural gas from the United States.
https://www.govinfo.gov/content/pkg/BILLS-113hr4155ih/xml/BILLS-113hr4155ih.xml
113-hr-4156
I 113th CONGRESS 2d Session H. R. 4156 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Shuster (for himself, Mr. DeFazio , Mr. Graves of Georgia , Mr. Rahall , Mr. LoBiondo , and Mr. Larsen of Washington ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 49, United States Code, to allow advertisements and solicitations for passenger air transportation to state the base airfare of the transportation, and for other purposes. 1. Short title This Act may be cited as the Transparent Airfares Act of 2014 . 2. Advertisements and solicitations for passenger air transportation (a) Full fare advertising Section 41712 of title 49, United States Code, is amended by adding at the end the following: (d) Full fare advertising (1) In general It shall not be an unfair or deceptive practice under subsection (a) for a covered entity to state in an advertisement or solicitation for passenger air transportation the base airfare for the air transportation if the covered entity clearly and separately discloses— (A) the government-imposed taxes and fees associated with the air transportation; and (B) the total cost of the air transportation. (2) Form of disclosure (A) In general For purposes of paragraph (1), the information described in paragraphs (1)(A) and (1)(B) shall be disclosed in the advertisement or solicitation in a manner that clearly presents the information to the consumer. (B) Internet advertisements and solicitations For purposes of paragraph (1), with respect to an advertisement or solicitation for passenger air transportation that appears on an Internet Web site, the information described in paragraphs (1)(A) and (1)(B) may be disclosed through a link or pop-up, as such terms may be defined by the Secretary, that displays the information in a manner that is easily accessible and viewable by the consumer. (3) Definitions In this subsection, the following definitions apply: (A) Base airfare The term base airfare means the cost of passenger air transportation, excluding government-imposed taxes and fees. (B) Covered entity The term covered entity means an air carrier, including an indirect air carrier, foreign carrier, ticket agent, or other person offering to sell tickets for passenger air transportation or a tour or tour component that must be purchased with air transportation. . (b) Limitation on statutory construction Nothing in the amendment made by subsection (a) may be construed to affect any obligation of a person that sells air transportation to disclose the total cost of the air transportation, including government-imposed taxes and fees, prior to purchase of the air transportation. (c) Regulations Not later than 120 days after the date of enactment of this Act, the Secretary shall issue final regulations to carry out the amendment made by subsection (a). (d) Effective date This Act, and the amendments made by this Act, shall take effect on the earlier of— (1) the effective date of regulations issued under subsection (c); and (2) the date that is 180 days after the date of enactment of this Act.
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